Title 7, SPECIAL PROCEEDINGS

7-303. ABSENCE OF ADEQUATE REMEDY. The writ must be issued in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It must be issued upon affidavit, on the application of the party beneficially interested.

7-304. FORM OF WRIT. The writ may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party immediately after the receipt of the writ, or at some other specified time, to do the a…

7-305. NOTICE OF APPLICATION -- HEARING. When the application to the court is made without notice to the adverse party, and the writ be allowed, the alternative must be first issued; but if the application be upon due notice, and the writ be allowed, the peremptory may be issued …

7-308. OBJECTIONS TO ANSWER. On the trial, the applicant is not precluded by the answer from any valid objection to its sufficiency, and may countervail it by proof either in direct denial or by way of avoidance.

7-309. MOTION FOR NEW TRIAL. The motion for a new trial must be made in the court in which the issue of fact is tried.

7-310. CERTIFICATION OF VERDICT -- ARGUMENT. If no notice of a motion for a new trial be given, or if given, the motion be denied, the clerk, within five (5) days after the rendition of the verdict or denial of the motion, must transmit to the court in which the application for t…

7-311. TRIAL ON PLEADINGS. If no answer be made, the case must be heard on the papers of the applicant. If the answer raises only questions of law, or puts in issue immaterial statements, not affecting the substantial rights of the parties, the court must proceed to hear, or fix …

7-312. DAMAGES. If judgment be given for the applicant, he may recover damages which he has sustained, as found by the jury, or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and for such damages and costs an execution may issue…

7-313. SERVICE OF WRIT. The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the court. Service upon a majority of the members of any board or body is service upon the board or body, whether at the time of…

7-314. DISOBEDIENCE OF WRIT -- PENALTY. When a peremptory mandate has been issued and directed to any inferior tribunal, corporation, board or person, if it appear to the court that any member of such tribunal, corporation or board, or such person upon whom the writ has been pers…

7-401. DEFINITION. The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board or person.

7-402. WHEN AND HOW ISSUED. It may be issued by the supreme court or any district court to an inferior tribunal, or to a corporation, board or person in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It is issued upon affidavit on …

7-403. ALTERNATIVE AND PEREMPTORY WRITS. The writs must be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party to desist or refrain from further proceedings in the action or ma…

7-404. APPLICATION OF MANDAMUS PROCEDURE. The provisions of the preceding sections from 7-305 to 7-314, both inclusive, apply to the proceedings for writ of prohibition.

7-601. CONTEMPTS DEFINED. The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court: 1. Disorderly, contemptuous or insolent behavior toward the judge while holding the court, tending to interrupt the due…

7-602. REENTRY OF DISPOSSESSED PERSON ON REAL PROPERTY -- PROCEDURE UPON CONVICTION. Every person dispossessed or ejected from or out of any real property by the judgment or process of any court of competent jurisdiction, and who, not having right so to do, reenters into or upon,…

7-603. CONTEMPT IN PRESENCE OF COURT -- PUNISHMENT. When a contempt is committed in the immediate view and presence of the court, or judge at chambers, it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presen…

7-604. CONTEMPT OUT OF COURT'S PRESENCE -- ATTACHMENT. When the contempt is not committed in the immediate view and presence of the court or judge, a warrant of attachment may be issued to bring the person charged to answer, or, without a previous arrest, a warrant of commitment …

7-605. PROVISION FOR BAIL. Whenever a warrant of attachment is issued, pursuant to this chapter, the court or judge must direct, by an endorsement on such warrant, that the person charged may be let to bail for his appearance, in an amount to be specified in such endorsement.

7-606. CUSTODY OF DEFENDANT. Upon executing the warrant of attachment, the sheriff must keep the person in custody, bring him before the court or judge, and detain him until an order be made in the premises, unless the person arrested entitle himself to be discharged, as provided…

7-607. MANNER OF PUTTING IN BAIL. When a direction to let the person arrested to bail is contained in the warrant of attachment, or endorsed thereon, he must be discharged from the arrest, upon executing and delivering to the officer, at any time before the return day of the warr…

7-608. RETURN OF WARRANT. The officer must return the warrant of arrest and undertaking, if any, received by him from the person arrested, by the return day specified therein.

7-609. HEARING. When the person arrested has been brought up or appeared, the court or judge must proceed to investigate the charge, and must hear any answer which the person arrested may make to the same, and may examine witnesses for or against him, for which an adjournment may…

7-610. JUDGMENT -- PENALTY. Upon the answer and evidence taken, the court or judge must determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that he is guilty of the contempt, a fine may be imposed on him not exceeding five thous…

7-611. CONTEMPT CONSISTING IN OMISSION. When the contempt consists in the omission to perform an act which is yet in the power of the person to perform, he may be imprisoned until he has performed it, and in that case the act must be specified in the warrant of commitment.

7-612. ADDITIONAL PENALTIES FOR CHILD SUPPORT DELINQUENCY. In addition to the penalties for contempt contained in this chapter, the following additional penalties are available for a child support delinquency: (1) Work activities. In all cases under chapter 2, title 56, Idaho Cod…

7-613. ADDITIONAL PENALTIES FOR FAILING TO COMPLY WITH AN ORDER PROVIDING VISITATION WITH A MINOR CHILD. In addition to the penalties for contempt contained in this chapter, the court may issue an order suspending a license for failing to comply with an order providing for visita…

7-614. NONAPPEARANCE OF DEFENDANT. When the warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or judge may issue another warrant of arrest, or may order the undertaking to be prosecuted, or both. If the undertaking be …

7-615. EXCUSE FOR NONATTENDANCE -- RESTRAINT OF PERSONAL LIBERTY. Whenever, by the provisions of this chapter, an officer is required to keep a person arrested on a warrant of attachment in custody, and to bring him before a court or judge, the inability, from illness or otherwis…

7-616. JUDGMENT IS FINAL. The judgment and orders of the court or judge, made in cases of contempt, are final and conclusive.

7-701. USES FOR WHICH AUTHORIZED. Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public uses: 1. Public buildings and grounds for the use of the state, and all other public uses authorized by the legislature. 2. …

7-701A. LIMITATION ON EMINENT DOMAIN FOR PRIVATE PARTIES, URBAN RENEWAL OR ECONOMIC DEVELOPMENT PURPOSES. (1) This section limits and restricts the use of eminent domain under the laws of this state or local ordinance by the state of Idaho, its instrumentalities, political subdiv…

7-702. ESTATES SUBJECT TO TAKING. The following is a classification of the estates and rights in lands subject to be taken for public use: 1. A fee simple, when taken for public buildings or grounds, or for permanent buildings, for reservoirs and dams and permanent flooding occas…

7-703. PRIVATE PROPERTY SUBJECT TO TAKING. The private property which may be taken under this chapter includes: 1. All real property belonging to any person. 2. Lands belonging to the government of the United States, to this state, or to any county, incorporated city, or city and…

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 s…

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 …

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, …