Separation of agricultural lands — Hearing.
The hearing herein provided on said petition shall be held within the corporate limits of the city in which said lands sought to be detached are situated. The regular district court reporter shall reduce to writing the testimony and evidence introduced, the same as in trial of civil actions. The judge of such court, either before or after said hearing, may view the lands and premises sought to be detached, as well as other lands or property within the corporate limits of such city, which might in any way be affected by the granting of such petition, and lands on the outside of such city in the same vicinity or locality in which the lands sought to be detached are situated, and may consider such conditions as he finds in connection with the evidence introduced on the hearing, in making and arriving at his final decision and determination of the matter.
No tract or tracts of land shall be detached from any city which by such detachment, would materially mar the symmetry of such city.
Notes of Decisions
Marcia T. Turner, L.L.C. v. City of Twin Falls, 159 P.3d 840 (Idaho 2007).
· cites it 4× “In upholding the district judge, we stated: "This determination was based in part on the judge's visit to the property which is allowed under I.C. § 50-229. The district judge's own assessment of the aesthetic symmetry is competent evidence.”
In Re Williamson, 19 P.3d 766 (Idaho 2001).
· cites it 2× “This determination was based in part on the judge's visit to the property which is allowed under I.C. § 50-229. The district judge's own assessment of the aesthetic symmetry is competent evidence.”
Williamson v. City of McCall, 19 P.3d 766 (Idaho 2001).
· cites it 2× “This determination was based in part on the judge’s visit to the property which is allowed under I.C. § 50-229. The district judge’s own assessment of the aesthetic symmetry is competent evidence.”
Ramey v. City of Blackfoot, 580 P.2d 1289 (Idaho 1978).
· cites it 4× “I feel required to dissent in the instant case because, in my judgment, the majority opinion rejects this Court's usual standard of review and perhaps makes inoperable or at least curtails Idaho's detachment statute.”
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