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Idaho Property Rights

Since the decision by the United States Supreme Court in Kelo v. City of New London many states across the country have taken measures to help protect the rights of private ownership.  The controversial Kelo decision held that a local government can take the private property of one person and give it to another private entity.  While the Court’s ruling was seen by many as a serious blow to citizen’s constitutionally protected rights of private property ownership, the decision prompted a number of states to initiate legislative reform to help curb eminent domain abuse.

The Castle Coalition has released a report, grading each of the states based on their efforts to protect private property owners and their rights based on changes in their respective state laws.  The Castle Coalition is the Institute for Justice’s nationwide grassroots property rights activism project that teaches home and small business owners how to protect themselves and stand up to abuse by governments and developers who seek to use eminent domain to take private property for their own gain.  Stated below is the letter grade, as given by the Castle Coalition, along with a description of the changes that have occurred since Kelo v. City of New London.

Idaho Castle Coalition letter grade of

Idaho Property Rights

The state of Idaho passed House Bill 555 in 2006, which loosely added language to the state constitution regarding limitations on eminent domain takings for private parties, urban renewals and economic developments. This bill provided little to no substantial reform for property owners, and state of Idaho is unique to other states in that the state constitution does not provide secure language that guarantees rights for property owners.

Summary

The unique state of Idaho provides limited rights that are guaranteed to property owners, along with vague definitions of when condemnation can occur. The state constitution allows for loopholes in the law, leaving property owners vulnerable to unjust takings. Click to read more on House Bill 555.

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