TITLE 7

SPECIAL PROCEEDINGS

CHAPTER 7

EMINENT DOMAIN

7-704.  Facts prerequisite to taking. Before property can be taken it must appear:

1.  That the use to which it is to be applied is a use authorized by law.

2.  That the taking is necessary to such use.

3.  If already appropriated to some public use, that the public use to which it is to be applied is a more necessary public use.

4.  In addition, for an electrical transmission line with a capacity in excess of two hundred thirty (230) KV (kilovolts), to be constructed over private real property actively devoted to agriculture, that a public meeting shall have been held following ten (10) days’ notice, as provided by section 60-109, Idaho Code, being published in a newspaper of general circulation in each county or counties in which the transmission line is proposed to be located with the last publication of the legal notice having occurred prior to the public meeting at which testimony from interested persons regarding the transmission line location is received.

History:

[(7-704) C.C.P. 1881, sec. 854; R.S., R.C., & C.L., sec. 5213; C.S., sec. 7407; I.C.A., sec. 13-704; am. 1983, ch. 115, sec. 1, p. 247.]