Legal Question in Real Estate Law in Idaho

Eminent domain Just compensation

The state of Idaho transportation department is acquiring our private property for public highway widening.Apparently with subsidized federal funds. How is Just compensation interpreted The state says our home that they are acquiring is over built and since they can find no comparables with this type of construction it is said to have no increased value. Is there not money allowed for intrinsic character.

I have hired a private appraiser to appraise this property and his appraisal is approx.$40,000.00 above the appraisals that the state has done, but yet the state wants to find excuses as to why my appraisers report is faulty. The appraisers for the state is depreciating the house 40% for what they call defered maintence I will admit I have defered maintence because it has been over 3 years since the state told us in a public meeting that they wish to acquire the house for the highway project. I understand it would be speculative for them to figure perfect house but is it just for them to penalize me for not jumping in and remodeling and improving home after knowing of the state needing to take home.


Asked on 6/02/01, 1:44 pm

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Eminent domain Just compensation

YOu must object to the evaluation they have made

by filing a complaint under the eminent domain statutes

locate at Idaho Code sections 7-701 through 7-21.

The state must do certain things like 1) the use to which

the property will applied must be authorized by law, 2)

the taking must be necessary to such use, and 3) additional

requirements for electrical lines.

Id Code sections 7-706 & 7-707 set forth the rules for

filing a complaint to stop the eminent domain or to make

the state pay a higher amount than they request.

the state must pay reasonable compensation and you

must allege that they are refusing to do so.

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Answered on 6/28/01, 1:25 pm


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