Idaho State Statutes - Idaho Attorney Directory

(1) Before construction of a hazardous waste treatment, storage, or disposal
facility, but in no case later than nine (9) months after approval of a site
license for a hazardous waste treatment, storage, or disposal facility, any
owner or user of real property adversely affected by approval may bring an
action in a district court of competent jurisdiction against the owner of the
proposed facility. If the court determines that the planned construction and
operation of the hazardous waste treatment, storage, or disposal facility will
result in the devaluation of the plaintiff's property or will otherwise
interfere with the plaintiff's rights in the property, it shall order the
owner to compensate the plaintiff in an amount equal to the value of the
plaintiff's loss.
(2) The remedy provided in subsection (1) of this section shall be in
addition to other remedies provided by law for owners or users aggrieved by
the proposed construction and operation of a hazardous waste treatment,
storage or disposal facility.
(3) Nothing in this chapter shall prevent an owner or user of property
aggrieved by the construction and operation of a facility from seeking damages
that result from a subsequent modification of the design or operation of a
facility but such damages are limited to the incremental damage that results
from the modification. Any action for such damages under this section shall be
brought within nine (9) months after the siting license for modification of
the design or operation of the facility is approved.
(4) For the purpose of assessing damages, the value of the rights
affected is fixed at the date the siting license is approved and the actual
value of the right at that date is the basis for the determination of the
amount of damage suffered, and no improvements to the property subsequent to
the date of approval of the plans shall be included in the assessment of
damages. Similarly, for any subsequent modification of a facility, value is
fixed at the date of approval of the siting license.
(5) The owner or operator of a proposed facility may, at any time before
an award of damages, abandon the construction or operation of the facility or
any modification and cause the action to be dismissed. As a condition of
dismissal, however, the owner or operator shall compensate the plaintiff for
any actual damage sustained as a result of construction or operation of the
facility before abandonment together with court costs and a reasonable
attorney's fee.
(6) Nothing in this chapter shall prevent a court from enjoining any
activity at a hazardous waste treatment, storage, or disposal facility that is
outside of, or not in compliance with, the terms and conditions of an approved
hazardous waste operations permit pursuant to section 39-4409, Idaho Code.

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