Idaho § 7-702 ESTATES SUBJECT TO TAKING

Idaho Statutes

§ 7-702 — ESTATES SUBJECT TO TAKING

Idaho § 7-702

Title 7SPECIAL PROCEEDINGS

Ch. 7EMINENT DOMAIN

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Bluebook

Idaho Code § 7-702 (2026).

Text

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 occasioned thereby, or for an outlet for a flow, or a place for the deposit of debris or tailings of a mine.

2.An easement, when taken for any other use.

3.The right of entry upon, and occupation of, lands, and the right to take therefrom such earth, gravel, stones, trees and timber as may be necessary for some public use.

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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 occasioned thereby, or for an outlet for a flow, or a place for the deposit of debris or tailings of a mine.
2. An easement, when taken for any other use.
3. The right of entry upon, and occupation of, lands, and the right to take therefrom such earth, gravel, stones, trees and timber as may be necessary for some public use.