Bill Description: House Bill 749 would protect the right of property owners to continue using their septic systems when forcibly annexed into a city.

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NOTE: House Bill 749 is related to House Bill 596 (2026), but unlike its predecessor, House Bill 749 would not exempt landowners who did not voluntarily consent to annexation from costs incurred due to annexation for things like adding curbing.

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 749 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 or fee-supported municipal services and shall be allowed to maintain or replace existing wastewater and water systems that are compliant with applicable rules and regulations.” 

The bill also says, “Any costs incurred by such nonconsenting landowners solely as a result of city construction, installation, or modification of municipal infrastructure that causes the failure of the landowner's existing wastewater or water infrastructure shall be paid by the city.” This language appropriately confers liability upon the city if it causes damage to a landowner’s septic system.

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