Idaho Code
Idaho Code

Idaho Code § 42-1106 (2026)

Right of eminent domain. 

✓ current as of May 2026
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Right of eminent domain. 

In case of the refusal of the owners or claimants of any lands, through which any ditch, canal, lateral, drain, or conduit is proposed to be made or constructed, to allow passage thereof, the person or persons desiring the right-of-way may proceed as in the law of eminent domain.

Notes of Decisions
Cited in 5 cases, 1975–2013 · leading case: Aberdeen-Springfield Canal Co. v. Peiper, 982 P.2d 917 (Idaho 1999).
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Aberdeen-Springfield Canal Co. v. Peiper, 982 P.2d 917 (Idaho 1999). · cites it 2× “Idaho Code § 42-1106 states: “In case of the refusal of the owners or claimants of any lands, through which any ditch, canal or conduit is proposed to be made or constructed, to allow passage thereof, the person or persons desiring the right of way may proceed as in the law of…”
Telford Lands LLC v. Cain, 303 P.3d 1237 (Idaho 2013). · cites it 2× “” Idaho Code section 42-1106 states, “In case of the refusal of the owners or claimants of any lands, through which any ditch, canal or conduit is proposed to be made or constructed, to allow passage thereof, the person or persons desiring the right of way may proceed as in the…”
White v. Marty, 540 P.2d 270 (Idaho 1975). · cites it 4× “I.C. § 42-1106. 1 The law of eminent domain is gov *87 erned by I.”
Branson v. Miracle, 729 P.2d 408 (Idaho Ct. App. 1986). · cites it 2× “epudiate the permission — actually or constructively communicated to the owner of the Branson mining claim? Second, if so, was the five-year period for a prescriptive easement established following that notice? On remand, should the district court conclude that a prescriptive…”
Branson v. Miracle, 687 P.2d 1348 (Idaho 1984). · cites it 2× “We note, in remanding, that if the Miracles fail to establish any legal or equitable right to enter the Bransons’ mining claim in order to maintain their flow of water, they have the right to proceed by way of eminent domain pursuant to I.C. § 42-1106. 4 VI. The final issue…”
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