Transportation Department brought eminent domain action against landowner. The District Court awarded landowner $675,000 in just compensation, and awarded Department costs as the prevailing party. Landowner appealed and Department cross-appealed.
The Supreme Court of Idaho held that:
- Evidence supported district court’s holding that all 56.8 acres of owner’s land had unity of use, rather than just the western 30 acres;
- Landowner suffered no severance damages;
- Expert’s testimony regarding whether proposed frontage road would have impacted his opinion was irrelevant;
- Remand was required for district court to determine whether eminent domain case was extreme and unlikely so as to permit award of attorney fees;
- Costs may properly be awarded to condemnor in eminent domain proceeding, even if it is not an extreme and unlikely situation, overruling Ada Cty. Highway Dist. v. Acarrequi, 673 P.2d 1067;
- Trial court did not abuse its discretion in awarding costs for Transportation Department’s expert; and
- Department was entitled to award of attorney fees on appeal.