Idaho Code
Idaho Code

Idaho Code § 7-703 (2026)

Private property subject to taking. 

✓ current as of May 2026 Cite as: Idaho Code § 7-703 (2026)
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Private property subject to taking. 

The private property which may be taken under this chapter includes:

1.  All real property belonging to any person.
2.  Lands belonging to the government of the United States, to this state, or to any county, incorporated city, or city and county, village or town, not appropriated to some public use.
3.  Property appropriated to public use; but such property shall not be taken unless for a more necessary public use than that to which it has been already appropriated.
4.  Franchises for toll roads, toll bridges and ferries, and all other franchises; but such franchises shall not be taken unless for free highways, railroads or other more necessary public use.
5.  All rights of way for any and all the purposes mentioned in section 7-701, and any and all structures and improvements thereon, and the lands held or used in connection therewith, shall be subject to be connected with, crossed or intersected by any other right of way or improvements or structures thereon. They shall also be subject to a limited use, in common with the owners thereof, when necessary, but such uses, crossings, intersections and connections shall be made in the manner most compatible with the greatest public benefit and least private injury.
6.  All classes of private property not enumerated may be taken for public use when such taking is authorized by law.
Notes of Decisions
Cited in 5 cases, 1964–1980 · leading case: Canyon View Irrigation Co. v. Twin Falls Canal Co.
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Canyon View Irrigation Co. v. Twin Falls Canal Co. (1980) idaho · cites it 21× “" I.C. §§ 7-703(3) and -704(3). [3] However, the condemnor need not demonstrate a "more necessary public use" when condemning only the right to the common use of an existing right of way previously appropriated for public use.”
County of Ada v. State (1970) idaho · cites it 36× “) It is by virtue of I.C. § 7-703 (2) [1] that the State has given its consent to be sued in condemnation proceedings in the jurisdiction of the district court.”
Smith v. State (1970) idaho · cites it 4× “Commissioners of Boise County, 1 Idaho 655 , the territorial supreme court held that a county was not liable for erroneous action of the board of county commissioners.”
Petersen v. State (1964) idaho · cites it 12× “” I.C. § 7-703. “Private property subject to taking.”
Unity Light & Power Co. v. City of Burley (1968) idaho · cites it 2× “§ 7-703(3), which states : “The private property which may be taken under this chapter includes: j{í sf: s|c ift ‡ (3) Property appropriated to public use; but such property shall not be taken unless for a more necessary public use than that to which it has already been…”
— Idaho Code § 7-703(2) — 1 case
County of Ada v. State (1970) idaho “) It is by virtue of I.C. § 7-703 (2) [1] that the State has given its consent to be sued in condemnation proceedings in the jurisdiction of the district court.”
— Idaho Code § 7-703(3) — 3 cases
Canyon View Irrigation Co. v. Twin Falls Canal Co. (1980) idaho “" I.C. §§ 7-703(3) and -704(3). [3] However, the condemnor need not demonstrate a "more necessary public use" when condemning only the right to the common use of an existing right of way previously appropriated for public use.”
County of Ada v. State (1970) idaho “) It is by virtue of I.C. § 7-703 (2) [1] that the State has given its consent to be sued in condemnation proceedings in the jurisdiction of the district court.”
Unity Light & Power Co. v. City of Burley (1968) idaho “§ 7-703(3), which states : “The private property which may be taken under this chapter includes: j{í sf: s|c ift ‡ (3) Property appropriated to public use; but such property shall not be taken unless for a more necessary public use than that to which it has already been…”
— Idaho Code § 7-703(5) — 1 case
Canyon View Irrigation Co. v. Twin Falls Canal Co. (1980) idaho “" I.C. §§ 7-703(3) and -704(3). [3] However, the condemnor need not demonstrate a "more necessary public use" when condemning only the right to the common use of an existing right of way previously appropriated for public use.”
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