Title 7, SPECIAL PROCEEDINGS

7-704. Facts prerequisite to taking. Before property can be taken it must appear: 1. That the use to which it is to be applied is a use authorized by law. 2. That the taking is necessary to such use. 3. If already appropriated to some public use, that the public use to which it i…

7-704A. Acquisition of omitted lands — Escrow of funds. (1) The state of Idaho, or any of its political subdivisions, in excercising its powers of eminent domain, shall acquire and pay full value for all lands classified as omitted lands under federal legislation as though the st…

7-705. Survey and location of land. In all cases where land is required for public use the state or its agents in charge of such use may survey and locate the same, but it must be located in the manner which will be most compatible with the greatest public good and the least priv…

7-706. Jurisdiction in district court — Commencement of proceedings. All proceedings under this chapter must be brought in the district court for the county in which the property is situated. They must be commenced by filing a complaint and issuing a summons thereon.

7-707. Complaint. The complaint must contain: 1. The name of the corporation, association, commission or person in charge of the public use for which the property is sought, who must be styled plaintiff. 2. The names of all owners and claimants of the property, if known, or a sta…

7-708. Summons. The clerk must issue a summons, which must contain the names of the parties, a general description of the whole property, a statement of the public use for which it is sought, and a reference to the complaint for descriptions of the respective parcels, and a notic…

7-709. Persons entitled to defend. All persons in occupation of, or having or claiming an interest in, any of the property described in the complaint, or in the damages for the taking thereof, though not named, may appear, plead and defend, each in respect to his own property or …

7-710. Powers of court. The court shall have power: 1. To regulate and determine the place and manner of making connections and crossings, or of enjoying the common use mentioned in the fifth subdivision of section 7-703. 2. To hear and determine all adverse or conflicting claims…

7-711. Assessment of damages. The court, jury or referee must hear such legal testimony as may be offered by any of the parties to the proceedings, and thereupon must ascertain and assess: 1. The value of the property sought to be condemned, and all improvements thereon pertainin…

7-711A. Advice of rights form — Rights when condemning authority acquires property. Whenever a state or local unit of government or a public utility is beginning negotiations to acquire a parcel of real property in fee simple, the condemning authority shall provide the owner of t…

7-712. Damages — Date of accrual. For the purpose of assessing compensation and damages, the right thereto shall be deemed to have accrued at the date of the summons, and its actual value, at that date, shall be the measure of compensation for all property to be actually taken, a…

7-713. Curing defective title. If the title attempted to be acquired is found to be defective from any cause, the plaintiff may again institute proceedings to acquire the same as in this chapter prescribed.

7-714. Payment of damages. The plaintiff must, within thirty (30) days after final judgment, pay the sum of money assessed, but may, at the time of or before payment, elect to build the fences and cattle guards, and, if he so elect, shall execute to the defendant a bond, with sur…

7-715. Payment of damages — Failure to make payment. Payment may be made to the defendants entitled thereto, or the money may be deposited in court for the defendants, and be distributed to those entitled thereto. If the money be not so paid or deposited, the defendants may have …

7-716. Final order of condemnation. When payments have been made and the bond given, if the plaintiff elects to give one, as required by the last two (2) sections, the court must make final order of condemnation, which must describe the property condemned and the purposes of such…

7-717. Possession by plaintiff — Payment of damages — Appointment of commissioners. At any time after trial and judgment entered, or pending an appeal from the judgment to the Supreme Court, whenever the plaintiffs shall have paid into the court for the defendant the full amount …

7-718. Costs. Costs may be allowed or not, and, if allowed, may be apportioned between the parties on the same or adverse sides in the discretion of the court.

7-720. Application to municipalities. Nothing in this code must be construed to abrogate or repeal any statute provided for the taking of property in any municipality for street purposes. Any municipality at its option may exercise the right of eminent domain under the provisions…

7-721. Possession by plaintiff pending trial. In any proceeding under the provisions of this chapter for the acquisition of real property, the plaintiff may take possession of and use such property at any time after just compensation has been judicially determined and payment the…