Idaho property owners could choose their own city under this bill. Why the Senate said no
A bill that would have allowed property owners to join whatever neighboring city they choose, regardless of city plans, has failed to pass the Idaho Legislature.
Cities and counties were opposed to the bill, which was touted as a property-rights measure. It would allow property owners to annex into any city, regardless of that city’s plans to expand. The bill, HB 635, failed in the Senate on Friday, with 12 senators in favor and 19 opposed.
“This could disassemble years of consistent, responsible and costly planning tools that all the cities all over the state have put in place in good faith with their public and they have produced and had public meetings about,” said Sen. Michelle Stennett, D-Ketchum, during the debate on the bill.
The bill 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.
Supporters of the bill said cities often extend their areas of impact far beyond areas they will be able to serve in a reasonable amount of time. They believed it should be the property owners who decide which city is best equipped to serve their property.
“The real problem is, do cities own the development rights of private property long before they can service that property?” said Sen. Jim Rice, R- Caldwell, during the debate. “Can they deny our citizens the ability to develop their property when they are contiguous to a city that can provide the services?”
A pending lawsuit
If passed, the annexation bill would have decided the outcome of a lawsuit between Middleton and Star over annexations in Middleton’s area of impact.
Star does not have an area of impact in Canyon County, as it exists mainly in Ada County, and Middleton’s area of impact extends to the county line at Can Ada Road. Star annexed properties in Middleton’s area of impact and plans to continue. Middleton claims that Star’s annexations are illegal and wants the city to stop annexing, what Middleton views as its future properties.
The litigation is pending and Star is in the process of establishing an area of impact with the Canyon County Commissioners.
Sen. Todd Lakey, R- Nampa, plans to lead a discussion in the interim Legislative session, with cities, counties, real estate agents, property owners and developers to come up with a better way to address the annexation and area of impact problems the growing state faces.
This story was originally published March 25, 2022 at 12:32 PM.
