Idaho Code
Idaho Code

Idaho Code § 7-712 (2026)

Damages — Date of accrual. 

✓ current as of May 2026
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Damages — Date of accrual. 

For the purpose of assessing compensation and damages, the right thereto shall be deemed to have accrued at the date of the summons, and its actual value, at that date, shall be the measure of compensation for all property to be actually taken, and the basis of damages to property not actually taken, but injuriously affected, in all cases where such damages are allowed, as provided in the last section. No improvements put upon the property subsequent to the date of the service of summons shall be included in the assessment of compensation or damages. The compensation and damages awarded shall draw lawful interest from the date of the summons.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1957–2023 · leading case: State v. Gonzalez, 439 P.3d 1267 (Idaho 2019).
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State v. Gonzalez, 439 P.3d 1267 (Idaho 2019). · cites it 2× “On appeal, ACHD maintained its position that the valuation of just compensation did not include damage done during construction, but polished up its support for this argument by citing the statute that defined the valuation of just compensation, Idaho Code section 7-711, and the…”
Ada Cnty. High. Dist. v. Brooke View, Inc., 395 P.3d 357 (Idaho 2017). · cites it 3× “In addition, Section 862, which is substantially similar to the current Idaho Code section 7-712, did not provide that the amount of damages recoverable was based upon an injury to the remaining property that was caused during the construction project.”
City of Lewiston v. Lindsey, 853 P.2d 596 (Idaho Ct. App. 1993). · cites it 14× “Idaho Code § 7-712 provides as follows: For the purpose of assessing compensation and damages, the right thereto shall be deemed to have accrued at the date of the summons [in the eminent domain proceedings], and its actual value, at that date, shall be the measure of…”
City of McCall v. Seubert, 130 P.3d 1118 (Idaho 2006). · cites it 4× “I.C. § 7-712 clearly states, however, that: “[T]he compensation and damages awarded shall draw lawful interest from the date of the summons.”
State Ex Rel. Moore v. Bastian, 546 P.2d 399 (Idaho 1976). · cites it 8× “I.C. § 7-712. The leasehold interest of Albertson's in the property had a five year period of time remaining if calculated as of the date of the summons.”
State Ex Rel. Symms v. Collier, 454 P.2d 56 (Idaho 1969). · cites it 10× “Concerning a statute analogous to I.C. § 7-712, the Supreme Court of Arizona made the following comment: “ * * * the legislature may establish some convenient time, as of which the value of the property will be assessed and the amount of compensation fixed.”
Indep. Sch. Dist. v. C. B. Lauch Constr. Co., 305 P.2d 1077 (Idaho 1957). · cites it 4× “" § 7-712, I.C. In Weiser Valley Land & Water Co.”
Eagle Sewer Dist. v. Hormaechea, 707 P.2d 1057 (Idaho Ct. App. 1985). · cites it 4× “Hence, the Hormaecheas, on April 23, 1984, filed a motion to amend the order fixing compensation requesting the court to award an additional sum representing statutory interest under I.C. § 7-712. 2 Following the Hormaecheas’ motion to amend the compensation order to include…”
Zollinger v. Big Lost River Irrigation Dist., 364 P.2d 176 (Idaho 1961). · cites it 2× “*419 I.C. § 7-712 required determination of damages for the area taken in the eminent domain proceeding as of June 27, 1958, the date summons issued in that proceeding.”
Lobdell v. State Ex Rel. Bd. of High. Directors, 407 P.2d 135 (Idaho 1965). · cites it 2× “Also I.C. § 7-712 provides that the time for assessment of damages in an ordinary condemnation action is to be determined as of the date of the summons.”
State Ex Rel. Moore v. Bastian, 575 P.2d 486 (Idaho 1978). · cites it 2× “The court at trial correctly declined to permit appellant to introduce evidence showing it would be feasible to make on-street deliveries.”
City of Caldwell v. Roark, 437 P.2d 615 (Idaho 1968). · cites it 2× “I.C. § 7-712. This value cannot properly be determined by aggregating the individual *102 sales value which separate lots may bring when sold to individual prospective home builders over a period of time in the future, for the reason that such a basis of valuation would permit…”
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