Hearing set in Caldwell eminent domain case
“Pioneer contends the city is exceeding its municipal authority in seeking to condemn and take over Pioneer’s drains and water-delivery canals, water rights and reservoir storage and filed a motion to dismiss On Jan. 2.
In addition to the city overstepping its authority, the motion contends the condemnation conflicts with Idaho’s irrigation district law, violates legal compensation requirements, fails to support a more necessary public use of the property, and fails to join the U.S. Bureau of Reclamation in the lawsuit as a defendant.
“The city’s condemnation attempt exceeds the strict bounds of its municipal authority, and in several respects turns irrigation district law on its head. Neither result is permissible, as the Idaho Supreme Court advises” in other referenced cases, court documents stated.
Municipalities can only possess and exercise powers granted to them by the Idaho Constitution or Idaho Legislature, with the Legislature having the absolute power to change, modify or destroy those powers. Further restriction of municipal powers occurs when a city is exercising a proprietary function instead of a governmental function.”
“The city’s condemnation action is troubling and impermissible … and its Complaint should be dismissed accordingly,” the documents state.
Dumas, Carol Ryan. Capital Press 21 January 2013.