House Bill 104 Summary

• Amends Idaho Code Section 7-711 regarding damage assessment in eminent domain proceedings to establish minimum property value damages as the greater of the property tax assessed value or the plaintiff's highest pre-litigation appraisal, unless the court finds the property has been substantially altered.

• Requires landowners claiming business damages to submit written claims within 90 days of service of the condemnation summons and complaint, with the claim prepared by the owner, a certified public accountant, or business damage expert and accompanied by supporting business records.

• Strikes business damage claims that fail to meet the 90-day deadline unless the defendant demonstrates good faith justification or the parties agree to an extension.

• Makes plaintiffs liable for all reasonable landowner costs (legal, appraisal, engineering, and similar expenses) incurred when the plaintiff changes project plans after making an initial offer to purchase, regardless of whether the case settles or proceeds to trial.

• Provides exceptions to plaintiff liability for plan change costs when the landowner requested the plan change prior to filing the condemnation action or when a minor plan change does not significantly affect the property or damages.