Idaho Statutes
§ 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 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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Related
Canyon View Irrigation Co. v. Twin Falls Canal Co.
619 P.2d 122 (Idaho Supreme Court, 1980)
Petersen v. State
393 P.2d 585 (Idaho Supreme Court, 1964)
Legislative History
[(7-702) C.C.P. 1881, sec. 852; R.S., R.C., & C.L., sec. 5211; C.S., sec. 7405; I.C.A., sec. 13-702.]
Nearby Sections
15
§ 7-1001
SHORT TITLE§ 7-1002
DEFINITIONS§ 7-1004
REMEDIES CUMULATIVE§ 7-1008
SIMULTANEOUS PROCEEDINGS§ 7-1013
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