Idaho State Statutes - Idaho Attorney Directory

(1) (a) As used herein, an affected person shall mean one having an
interest in real property which may be adversely affected by the issuance
or denial of a permit authorizing the development.
(b) Any affected person may at any time prior to final action on a permit
required or authorized under this chapter, if no hearing has been held on
the application, petition the commission or governing board in writing to
hold a hearing pursuant to section 67-6512, Idaho Code; provided, however,
that if twenty (20) affected persons petition for a hearing, the hearing
shall be held.
(c) After a hearing, the commission or governing board may:
(i) Grant or deny a permit; or
(ii) Delay such a decision for a definite period of time for further
study or hearing. Each commission or governing board shall establish
by rule and regulation a time period within which a recommendation or
decision must be made.
(d) An affected person aggrieved by a decision may within twenty-eight
(28) days after all remedies have been exhausted under local ordinances
seek judicial review as provided by chapter 52, title 67, Idaho Code.
(2) (a) Authority to exercise the regulatory power of zoning in land use
planning shall not simultaneously displace coexisting eminent domain
authority granted under section 14, article I, of the constitution of the
state of Idaho and chapter 7, title 7, Idaho Code.
(b) An affected person claiming "just compensation" for a perceived
"taking," the basis of the claim being that a specific zoning action or
permitting action restricting private property development is actually a
regulatory action by local government deemed "necessary to complete the
development of the material resources of the state," or necessary for
other public uses, may seek a judicial determination of whether the claim
comes within defined provisions of section 14, article I, of the
constitution of the state of Idaho relating to eminent domain. Under these
circumstances, the affected person is exempt from the provisions of
subsection (1) of this section and may seek judicial review through an
inverse condemnation action specifying neglect by local government to
provide "just compensation" under the provisions of section 14, article I,
of the constitution of the state of Idaho and chapter 7, title 7, Idaho
Code.

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