Idaho State Statutes - Idaho Attorney Directory

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 pertaining to the realty, and of each and every separate estate or
interest therein; if it consists of different parcels, the value of each
parcel and each estate or interest therein shall be separately assessed. For
purposes of ascertaining the value of the property, the assessed value for
property tax purposes shall be used as the minimum amount for damages unless
the court, jury or referee finds the property has been altered substantially.
2. If the property sought to be condemned constitutes only a part of a
larger parcel: (a) the damages which will accrue to the portion not sought to
be condemned, by reason of its severance from the portion sought to be
condemned, and the construction of the improvement in the manner proposed by
the plaintiff; and (b) the damages to any business qualifying under this
subsection having more than five (5) years' standing which the taking of a
portion of the property and the construction of the improvement in the manner
proposed by the plaintiff may reasonably cause. The business must be owned by
the party whose lands are being condemned or be located upon adjoining lands
owned or held by such party. Business damages under this subsection shall not
be awarded if the loss can reasonably be prevented by a relocation of the
business or by taking steps that a reasonably prudent person would take, or
for damages caused by temporary business interruption due to construction; and
provided further that compensation for business damages shall not be
duplicated in the compensation otherwise awarded to the property owner for
damages pursuant to subsections (1) and (2) (a) of section 7-711, Idaho Code.
(i) If the business owner intends to claim business damages under this
subsection, the owner, as defendant, must submit a written business damage
claim to the plaintiff within ninety (90) days after service of the
summons and complaint for condemnation. The plaintiff's initial offer
letter or accompanying information must expressly inform the defendant of
its rights under this subsection, and must further inform the defendant of
its right to consult with an attorney.
(ii) The defendant's written claim must be sent to the plaintiff by
certified mail, return receipt requested. Absent a showing of a good faith
justification for the failure to submit a business damage claim within
ninety (90) days, or an agreed extension by the parties, the court shall
strike the defendant's claim for business damages in any condemnation
proceeding.
(iii) The business damage claim must include an explanation of the nature,
extent, and monetary amount of such claimed damages and must be prepared
by the owner, a certified public accountant, or a business damage expert
familiar with the nature of the operations of the defendant's business.
The defendant shall also provide the plaintiff with copies of the
defendant's business records that substantiate the good faith offer to
settle the business damage claim. The business damage claim must be
clearly segregated from the claim for property damages pursuant to
subsections (1) and (2)(a) of section 7-711, Idaho Code.
(iv) As used in this subsection, the term "business records" includes,
but is not limited to, copies of federal and state income tax returns,
state sales tax returns, balance sheets, and profit and loss statements
for the five (5) years preceding which are attributable to the business
operation on the property to be acquired, and other records relied upon by
the business owner that substantiate the business damage claim.
(v) The plaintiff's good faith in failing to offer compensation for
business damages shall not be contested at a possession hearing held
pursuant to section 7-721, Idaho Code, if the defendant has not given
notice of its intent to claim business damages prior to the date of filing
of the motion that initiates the proceeding under that section.
3. Separately, how much the portion not sought to be condemned, and each
estate or interest therein, will be specially and directly benefited, if at
all, by the construction of the improvement proposed by the plaintiff; and if
the benefit shall be equal to the damages assessed, under subsection 2. of
this section, the owner of the parcel shall be allowed no compensation except
the value of the portion taken; but if the benefit shall be less than the
damages so assessed, the former shall be deducted from the latter, and the
remainder shall be the only damages allowed in addition to the value.
4. If the property sought to be condemned be for a railroad, the cost of
good and sufficient fences along the line of such railroad, and the cost of
cattle guards where fences may cross the line of such railroad.
5. As far as practicable, compensation must be assessed for each source
of damages separately.
6. If the property sought to be condemned is private real property
actively devoted to agriculture, the damages which will accrue because of the
costs, if any, of farming around electrical transmission line structure(s) for
a transmission line with a capacity in excess of two hundred thirty (230) KV
(kilovolts). If the property sought to be condemned has been the subject of a
previous condemnation proceeding or proceedings for electrical transmission
line structure(s) and at the time of condemnation the field holds other
electrical transmission line structure(s), such evidence of costs referred to
above may also include the cumulative effects, if any, of conducting farming
operations around other electrical transmission line structure(s) in the same
field, whether such structure(s) are of the condemner or not.

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