Update: Bill to let Idaho property owners annex into any city they’re next to is revived
Update: In a surprise reversal, the state Senate Local Government and Taxation Committee sent House Bill 635 to the full Senate.
Sen. Doug Ricks, R-Rexburg, told the committee on Monday that he had “buyer’s remorse” after he previously voted to hold the bill in committee. The committee then reconsidered the bill.
Original story:
A bill that would put an end to a fight between two Treasure Valley cities about growth was held in a legislative committee, which likely ends chances of further action until at least next year.
The bill would have allowed property owners to decide which neighboring city to annex their land into, regardless of any city’s area of impact. After hours hearing public testimony from local mayors and residents earlier this month, the Senate Local Government and Taxation Committee voted down a motion to advance the bill to the full Senate and held it in the committee.
House Bill 635 would have allowed property owners and city councils to disregard a growth planning mechanism called an area of impact. Areas of impact are defined by Idaho law as areas that cities anticipate annexing. They are designed to foster the efficient planning and economical delivery of urban services to growing areas.
Rep. Doug Okuniewicz, R-Hayden, sponsored House Bill 635 and said it came after he saw North Idaho cities Hayden, Rathrum, Post Falls and Coeur d’Alene fight over annexations. But meanwhile, Middleton and Star are fighting in court over areas of impact and potentially illegal annexations.
Sen. Todd Lakey, R-Nampa, recommended Wednesday that the Senate committee hold the bill to work on a remedy to solve annexation and area of impact problems in the interim between this session and next year’s.
The problem, Lakey said, was conflict around two laws. One, on annexation, allows cities to annex outside their areas of impact as long as the land is contiguous with the city. The other, on areas of impact, allows cities to draw areas of impact where they plan to grow in the future and annex all development in that area.
“We need to have the cities and counties and developers and Realtors around the table to try to find the language that is correct between the statutes,” Lakey said in the committee meeting.
Lakey suggested the Legislature could limit the distance a city could draw its area of impact outside current city limits and the amount of time a city has to annex development in its area of impact. Lakey said he could help organize the work on the bill.
According to court records, the lawsuit between Middleton and Star will move forward, despite Star’s effort to dismiss the case.
This story was originally published March 16, 2022 at 6:41 PM.
