47-913. COSTS OF PROCEEDINGS. The costs and expenses of proceedings under the provisions of this chapter, except as herein otherwise provided, must be paid by the party making the application: provided, that if the applicant before the commencement of such proceedings has tendered to the parties owning or occupying the lands or mining claims, a sum equal to or more than the amount of damages recovered, all of the costs and expenses must be paid by the party or parties owning the land or claims affected by such right of way, and who appeared and resisted the claim of the applicants thereto.
History:
[(47-913) 1876, p. 70, sec. 13; R.S., sec. 3142; reen. R.C. & C.L., sec. 3235; C.S., sec. 5549; I.C.A., sec. 46-813.]
Structure Idaho Code
Chapter 9 - RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES
Section 47-901 - RIGHT OF WAY FOR MINING PURPOSES.
Section 47-902 - RIGHT OF WAY FOR MINING PURPOSES — RAILROADS, DITCHES, AND TUNNELS.
Section 47-903 - ACTION TO CONDEMN RIGHT OF WAY.
Section 47-904 - ISSUANCE AND SERVICE OF SUMMONS.
Section 47-905 - APPOINTMENT OF COMMISSIONERS — TRIAL BY COURT IF COMMISSIONERS NOT APPOINTED.
Section 47-906 - OATH, VIEW, AND REPORT OF COMMISSIONERS.
Section 47-907 - SETTING ASIDE REPORT.
Section 47-908 - RIGHTS UPON PAYMENT OF DAMAGES.
Section 47-909 - APPEAL FROM COMMISSIONERS’ AWARD — BOND.
Section 47-910 - TRIAL ON APPEAL.
Section 47-911 - EFFECT OF APPEAL — BOND AND DEPOSIT OF DAMAGES.