EMINENT DOMAIN - IDAHO

Hansen v. Boise School District #1

Supreme Court of Idaho, Boise, May 2025 Term - August 15, 2025 - P.3d - 2025 WL 2371200

Guardians of minor student, in their individual capacities, as guardians of student, and as class representatives, brought proposed class action against school district for inverse condemnation under state constitution and violation of Fifth Amendment’s Takings Clause, under § 1983, alleging fees charged for second half of full-day kindergarten violated Idaho Constitution’s free common schools provision and constituted a taking without due process.

The Fourth Judicial District Court granted district’s motion to dismiss. Guardians appealed.

The Supreme Court held that:

Minor student did not suffer a deprivation of property due to tuition charged for second half of full-day kindergarten, and thus did not suffer particularized injury-in-fact necessary to have standing to bring proposed class action against school district for violation of Takings Clause, under § 1983, alleging tuition violated Idaho Constitution’s free common schools provision and constituted a taking without due process, where tuition payments were made solely by minor’s guardians, using their funds and not any property belonging to minor.

Statute, providing that time for the commencement of the action would exclude the period during which plaintiff was still a minor, did not apply to toll limitations period for proposed class action brought by guardians of minor student against school district for violation of Takings Clause, under § 1983, alleging tuition charged for second half of full-day kindergarten violated Idaho Constitution’s free common schools provision and constituted a taking without due process, where it was guardians, not student, who had standing to bring the takings claim.



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