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.
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.]
Structure Idaho Code
Section 7-701 - USES FOR WHICH AUTHORIZED.
Section 7-702 - ESTATES SUBJECT TO TAKING.
Section 7-703 - PRIVATE PROPERTY SUBJECT TO TAKING.
Section 7-704 - FACTS PREREQUISITE TO TAKING.
Section 7-704A - ACQUISITION OF OMITTED LANDS — ESCROW OF FUNDS.
Section 7-705 - SURVEY AND LOCATION OF LAND.
Section 7-706 - JURISDICTION IN DISTRICT COURT — COMMENCEMENT OF PROCEEDINGS.
Section 7-709 - PERSONS ENTITLED TO DEFEND.
Section 7-710 - POWERS OF COURT.
Section 7-711 - ASSESSMENT OF DAMAGES.
Section 7-711A - ADVICE OF RIGHTS FORM — RIGHTS WHEN CONDEMNING AUTHORITY ACQUIRES PROPERTY.
Section 7-712 - DAMAGES — DATE OF ACCRUAL.
Section 7-713 - CURING DEFECTIVE TITLE.
Section 7-714 - PAYMENT OF DAMAGES.
Section 7-715 - PAYMENT OF DAMAGES — FAILURE TO MAKE PAYMENT.
Section 7-716 - FINAL ORDER OF CONDEMNATION.
Section 7-717 - POSSESSION BY PLAINTIFF — PAYMENT OF DAMAGES — APPOINTMENT OF COMMISSIONERS.