Bill Description: House Bill 596 would protect the right of property owners to continue using their septic systems when forcibly annexed into a city. It would also clarify that non-consenting property owners are not required to pay for annexation costs.

Rating: +2

Does it violate the spirit or the letter of either the United States Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?

House Bill 596 would amend Section 50-222, Idaho Code, dealing with annexation by cities, to protect the property rights of “landowners whose property is annexed by a city but who do not give voluntary consent for such annexation.” Under this bill, such landowners “shall not be required to use wastewater and water tax-supported municipal services and shall be allowed to maintain or replace existing wastewater and water systems that are compliant with applicable rules and regulations.”

(+1)

Does it directly or indirectly create or increase any taxes, fees, or other assessments? Conversely, does it eliminate or reduce any taxes, fees, or other assessments?

The bill would further say that “any other costs” incurred by landowners who did not voluntarily consent to annexation, “that are directly related to the city's annexation of the landowners' property shall be paid by the city.” This includes things like adding curbing. 

(+1)

NOTE: The changes made by this bill are positive, but the protections could be expanded by also exempting non-consenting property owners from taxation by the city into which they are forcibly annexed.