The power of eminent domain would fall from the grasp of urban renewal agencies if legislation from Sen. Mary Souza is adopted this session. 

The measure was approved Wednesday by the Senate Local Government and Taxation Committee.

A reboot of a bill the Republican lawmaker from Coeur d'Alene brought forth last year, Senate Bill 1044, would restrict unelected urban renewal officials from taking private property and converting it for public use. The bill died after the legislature quickly decided to close after the COVID pandemic presented health concerns. 

Described by Souza as a voter accountability bill, the legislation would require URAs to ask for the approval of elected officials before using eminent domain, which allows the government to take private property and convert it into public use.

"If they do stand for public election, then this bill says they may use the power of eminent domain within their powers as an urban renewal agency," Souza said. "If they don't stand for election, and are appointed only, then they must act in a referral or advisory capacity only to the municipality that created the urban renewal agency."

Under Idaho law, the voters can elect urban renewal boards, but to Souza's knowledge, none presently do. 

Most of the bill's language is identical to the previous legislation. However, one caveat was added by the Association of Idaho Cities' request that upon the dissolution of the URA, all property titled to the agency would return to the municipality to ensure bond authority is protected. 

Garden City Mayor John Evans spoke in support of the bill for the association, whom Evans said unanimously voted in favor of the legislation. 

"We think it's very important that any use of eminent domain be held or redistributed by those that directly represent the electorate," Evans said. "We're strongly in favor of this, we think it's well drafted, and we thank Sen. Souza for bringing it forward."

With the committee's support, SB 1044 was sent to the full Senate for consideration, where it will be discussed in the coming week. 

"Any governmental agency that is going to take property from someone against their will by the use of the eminent domain, and sometimes it is appropriate to do so, must have direct accountability to the voters and be able to explain their actions," Souza said.