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Idaho Code § 7-702

Estates subject to taking

Applied in 1 court decision — leading case Bradford v. American Media Operations, Inc. (1995)

Most recently applied in Bradford v. American Media Operations, Inc. (April 1995)

C.C.P. 1881, § 852; R.S., R.C., & C.L., § 5211; C.S., § 7405; I.C.A., § 13-702.

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.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.