ID S1039

Property value assessments in condemnation proceedings must be determined by the trier of fact (jury, court, or referee) and shall consider highest and best use, access, improvements, and other value-related facts.

Minimum damages for property value shall be the greater of the assessed value for property tax purposes or the plaintiff's highest pre-litigation appraisal, unless the court finds the property has been substantially altered.

Property value cannot include increases or decreases attributable to the condemnation project itself, the condemnation proceeding, or preliminary actions taken in anticipation of condemnation.

Business owners with more than five years' standing may claim damages if partial takings harm their business, but must submit written claims within 90 days of service and cannot claim damages if relocation or reasonable preventive measures are available.

Owners of agricultural property may claim damages for costs of farming around electrical transmission line structures exceeding 230 kilovolts, including cumulative effects from multiple transmission lines in the same field.