STATEMENT OF PURPOSE
RS27655 / H0489
This legislation repeals Idaho Code Section 50-222 and adds a new simplified and understandable Section
50-222. As Idaho is one of only a few states that still allow forced annexation, the new code section provides
protections for landowners by clarifying and changing the procedures for a city of this state to annex privately
owned property. The new sections define certain relevant terms, requires the land to be annexed is adjacent
to or surrounded by the city, and requires the city to notify each landowner of the intent to annex. The new
code section also requires that the city publish a written annexation plan and provide for a public hearing. The
new code section requires that the city obtain the consent of at least two-thirds of the landowners, evidenced
by a written instrument executed by the landowner or the landowner's authorized agent. The new code section
also explains the procedures and effects of annexation on highways, fairgrounds, airports, recreational areas
and railroad right-of-ways. The new codes section also provides for tax relief for those landowners that are
annexed into a city but are not receiving city services. Finally, the new code section maintains the procedure
for judicial review of annexation decisions.
FISCAL NOTE
As annexation is a voluntary procedure undertaken by cities the new legislation will have no impact on the state
general fund or any other state funds and will not require any state expenditures. It is not anticipated that there
will be any fiscal impact to local governments as the procedures for cities to annex land remain similar to the
procedures contained in the repealed and replaced code section. However, it is possible depending on cities
current annexation practices that there could be minimal fiscal impacts to local governments as the bill does
require notification to all landowners.
Contact:
Representative Bryan Zollinger
(208) 332-1000
DISCLAIMER: This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent
of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative
process, including judicial review (Joint Rule 18).
Statement of Purpose / Fiscal Note Bill SOP/FN INTRODUCED: 02/11/2020, 8:26 AM


Statutes affected:
Bill Text: 50-222