Idaho Statutes
§ 42-1104 — RIGHT-OF-WAY OVER STATE LANDS
The right-of-way over and upon any and all lands owned or controlled by the state of Idaho is hereby granted to any and all persons for the purpose of constructing and maintaining any ditch, canal, lateral, drain, conduit or other works for the diversion or carrying of water for any beneficial use or to provide drainage; provided, that no property shall be taken under the provisions of this section until a just compensation shall be paid therefor, to be ascertained in the manner prescribed by law for the taking of private property for a public use.
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Related
Dayley v. City of Burley
524 P.2d 1073 (Idaho Supreme Court, 1974)
Legislative History
[(42-1104) 1899, p. 380, sec. 13; reen. R.C. & C.L., sec. 3302; C.S., sec. 5649; I.C.A., sec. 41-1004; am. 2024, ch. 93, sec. 3, p. 434.]
Nearby Sections
15
§ 42-1001
APPLICATION TO COUNTY COMMISSIONERS§ 42-1002
SETTING DATE FOR HEARING§ 42-1004
CONDUCT OF HEARING — ORDER — APPEAL§ 42-1005
MATTERS CONSIDERED IN FIXING RATE§ 42-101
NATURE OF PROPERTY IN WATER§ 42-102
MEASUREMENT OF WATER§ 42-103
RIGHT ACQUIRED BY APPROPRIATION§ 42-105
USE OF NATURAL WATERWAYS — MEASUREMENT OF COMMINGLED WATER — APPROVAL OF RIGHT TO EXCHANGE WATER§ 42-106
PRIORITY