SENATE BILL NO. 1273
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EMINENT DOMAIN - Adds to existing law relating to eminent domain to provide
that all issues of fact in condemnation cases, except facts prerequisite to
taking as provided in Section 7-704, Idaho Code, shall be determined by a
jury upon the request of either party.
01/18 Senate intro - 1st rdg - to printing
01/19 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1273
1 AN ACT
2 RELATING TO EMINENT DOMAIN; AMENDING CHAPTER 7, TITLE 7, IDAHO CODE, BY THE
3 ADDITION OF A NEW SECTION 7-723, IDAHO CODE, TO PROVIDE THAT ALL ISSUES OF
4 FACT IN CONDEMNATION CASES, EXCEPT FACTS PREREQUISITE TO TAKING AS PRO-
5 VIDED IN SECTION 7-704, IDAHO CODE, SHALL BE DETERMINED BY A JURY UPON THE
6 REQUEST OF EITHER PARTY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 7, Title 7, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 7-723, Idaho Code, and to read as follows:
11 7-723. JURY QUESTIONS. All issues of fact in condemnation cases, except
12 facts prerequisite to taking as provided in section 7-704, Idaho Code, shall
13 be determined by a jury upon the request of either party.
STATEMENT OF PURPOSE
This bill would clarify that in condemnation cases, all questions
of fact except those prerequisite to the taking (as determined by
statute) are decided by a jury, not a Judge, upon request of
This bill addresses procedure and should not have any fiscal
impact to State or local government.
CONTACT: Senator R. Skip Brandt 208-332-1326
Representative Mike Moyle 208-332-1000
STATEMENT OF PURPOSE/FISCAL IMPACT S 1273