Idaho Code
Idaho Code

Idaho Code § 7-707 (2026)

Complaint. 

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Complaint. 

The complaint must contain:

1.  The name of the corporation, association, commission or person in charge of the public use for which the property is sought, who must be styled plaintiff.
2.  The names of all owners and claimants of the property, if known, or a statement that they are unknown, who must be styled defendants.
3.  A statement of the right of the plaintiff.
4.  If a right-of-way be sought, the complaint must show the location, general route and termini, and must be accompanied with maps thereof.
5.  A description of each piece of land sought to be taken, and whether the same includes the whole, or only a part, of an entire parcel or tract. All parcels lying in the county, and required for the same public use, may be included in the same or separate proceedings, at the option of the plaintiff, but the court may consolidate or separate them to suit the convenience of the parties.
6.  An order of condemnation, or resolution, or other official and binding document entered by the plaintiff which sets forth and clearly identifies all property rights to be acquired including rights to and from the public way, and permanent and temporary easements known or reasonably identifiable to the condemning authority.
7.  In all cases where the owner of the lands sought to be taken resides in the county in which said lands are situated, a statement that the plaintiff has sought, in good faith, to purchase the lands so sought to be taken, or settle with the owner for the damages which might result to his property from the taking thereof, and was unable to make any reasonable bargain therefor, or settlement of such damages; but in all other cases these facts need not be alleged in the complaint, or proved.
Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1961–2021 · leading case: Telford Lands LLC v. Cain, 303 P.3d 1237 (Idaho 2013).
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Telford Lands LLC v. Cain, 303 P.3d 1237 (Idaho 2013). · cites it 5× “Idaho Code section 7-707(4) states that if a right-of-way is sought in a condemnation action, “the complaint must show the location, general route and termini, and must be accompanied with maps thereof.”
State ex rel. Rich v. Bair, 365 P.2d 216 (Idaho 1961). · cites it 12× “The judgment is reversed and the cause remanded for new trial before the court on the issue of compliance with I.C. § 7-707 (6) and before the jury on the issue of damages.”
Idaho Transp. Dep't Bd. v. HJ Grathol, 278 P.3d 957 (Idaho 2012). · cites it 16× “Grathol further asserts that the Board failed to file its Complaint and Order of Condemnation in accordance with I.C. § 7-707 before moving for early possession of the subject property pursuant to the “quick-take” provisions of I.”
Ada Cnty. High. Dist. v. Sharp, 26 P.3d 1225 (Idaho Ct. App. 2001). · cites it 10× “Statutory authority Idaho Code § 7-707 , appearing in chapter 7 entitled “Eminent Domain,” pertains to the condemnation complaint and sets forth what it “must contain,” including “a description of each piece of land sought to be taken, and whether the same includes the whole, or…”
Dep't of Transp. ex rel. People v. Hunziker, 796 N.E.2d 122 (Ill. App. Ct. 3d Dist. 2003). “New Jersey, on the other hand, requires a "reasonable disclosure of the manner" in which offer has been calculated.”
State ex rel. Winder v. Canyon Vista Fam. Ltd. P'ship, 228 P.3d 985 (Idaho 2010). · cites it 4× “” Idaho Code § 40-1310 (3), appearing in a chapter entitled “Highway Districts,” provides that the- director of a highway district: “shall have the right, subject to the order of the highway district commissioners, to begin action in the name of the highway district in the…”
Erickson v. Amoth, 591 P.2d 1074 (Idaho 1978). · cites it 2× “See I.C. § 7-707(6). Those holdings of the trial court are not challenged on appeal.”
State ex rel. Moore v. Howell, 729 P.2d 438 (Idaho Ct. App. 1986). · cites it 2× “Rule 19(a)(1), I.R. C.P., provides in pertinent part for compulsory joinder, if feasible, of any party who claims an interest and who is so situated that a judgment in his absence may “as a practical matter impair or impede his ability to protect that interest____” Idaho Code §…”
Idaho Power Co. v. Lettunich, 602 P.2d 540 (Idaho 1979). · cites it 6× “At argument before the Court the parties agreed that the question of public need and necessity is no longer in contest and that the only question now before the Court is whether the plaintiff had engaged in good faith bargaining to purchase the right-of-way.”
State of Idaho v. Canyon Vista Fam. Ltd. P'ship & Lazy J. Ranch, Inc. (Idaho 2010). · cites it 4× “The Idaho Court of Appeals held that: Idaho Code § 7-707 , appearing in chapter 7 entitled ―Eminent Domain,‖ pertains to the condemnation complaint and sets forth what it ―must contain,‖ including ―a description of each piece of land sought to be taken, and whether the same…”
Source Store, LLC v. Hodge, II, No. 20-06042 (Bankr. D. Idaho Mar. 9, 2021). · cites it 2× “Brede’s testimony is hearsay and is given lesser evidentiary weight.° Moreover, the Court finds Johnson’s testimony on this subject credible and competent.”
Southside Water & Sewer Dist. v. Murphy, 555 P.2d 1148 (Idaho 1976). · cites it 2× “Before proceedings under this section could begin, however, the district first had to show that it had complied with the following requirement found in I.C. § 7-707(6): “[T]he plaintiff has sought, in good faith, to purchase the lands so sought to be taken, or settle with the…”
Show all 13 citing cases →
Idaho Code § 7-707(4): 1 case
Telford Lands LLC v. Cain, 303 P.3d 1237 (Idaho 2013). “Idaho Code section 7-707(4) states that if a right-of-way is sought in a condemnation action, “the complaint must show the location, general route and termini, and must be accompanied with maps thereof.”
Idaho Code § 7-707(6): 5 cases
State ex rel. Rich v. Bair, 365 P.2d 216 (Idaho 1961). “The judgment is reversed and the cause remanded for new trial before the court on the issue of compliance with I.C. § 7-707 (6) and before the jury on the issue of damages.”
Idaho Transp. Dep't Bd. v. HJ Grathol, 278 P.3d 957 (Idaho 2012). “Grathol further asserts that the Board failed to file its Complaint and Order of Condemnation in accordance with I.C. § 7-707 before moving for early possession of the subject property pursuant to the “quick-take” provisions of I.”
Erickson v. Amoth, 591 P.2d 1074 (Idaho 1978). “See I.C. § 7-707(6). Those holdings of the trial court are not challenged on appeal.”
Idaho Power Co. v. Lettunich, 602 P.2d 540 (Idaho 1979). “At argument before the Court the parties agreed that the question of public need and necessity is no longer in contest and that the only question now before the Court is whether the plaintiff had engaged in good faith bargaining to purchase the right-of-way.”
Southside Water & Sewer Dist. v. Murphy, 555 P.2d 1148 (Idaho 1976). “Before proceedings under this section could begin, however, the district first had to show that it had complied with the following requirement found in I.C. § 7-707(6): “[T]he plaintiff has sought, in good faith, to purchase the lands so sought to be taken, or settle with the…”
Idaho Code § 7-707(7): 1 case
Telford Lands LLC v. Cain, 303 P.3d 1237 (Idaho 2013). “Idaho Code section 7-707(4) states that if a right-of-way is sought in a condemnation action, “the complaint must show the location, general route and termini, and must be accompanied with maps thereof.”
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