Senate

Bill 1325
2016 Freedom Index Score (+1)
Analyst: Lindsay Russell Dexter
Date: February 26, 2016

ANALYSTS NOTE: Under current law, a private property owner must submit a written request with the
clerk or entity undertaking a regulatory or administrative action for a regulatory takings analysis. Idaho
Code, Chapter 67, Section 8002 defines Regulatory Taking as a regulatory or administrative action
resulting in the deprivation of private property that is the subject of such action, whether such
deprivation is total or partial, permanent or temporary, in violation of the state or federal constitution.

Point No. 1: Does it create, expand, or enlarge any agency, board, program, function, or activity of
government? Conversely, does it eliminate or curtail the size or scope of government?

ANALYSIS: Senate Bill 1325 would remove the requirement that a private property owner, who is
subject to a regulatory taking, has to submit a request for a regulatory takings analysis. Further,
SB 1325 does not prevent private property owners, who decide not to submit a request, from
seeking any legal or equitable remedy including payment of just compensation. (+1)