[Download] "Herbert L. Rueth and Kathleen J. Rueth v." by Supreme Court of Idaho No. 13650 # Book PDF Kindle ePub Free
eBook details
- Title: Herbert L. Rueth and Kathleen J. Rueth v.
- Author : Supreme Court of Idaho No. 13650
- Release Date : January 30, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Herbert and Kathleen Rueth brought an inverse condemnation action against the Idaho Fish and Game Department. The action arises out of the Department's operation of a water diversion structure, which allegedly caused the water table on the Rueths' property to be raised so that their land has been flooded from subsurface percolation, [effecting] a complete loss of value of said lands of plaintiffs and, therefore, constitutes a taking of said lands of plaintiffs by defendants. The district court entered judgment on a jury verdict in favor of the Rueths on their inverse condemnation action, and the Department appealed. On appeal, the judgment is affirmed. Background Herbert and Kathleen Rueth operated a dairy farm on 18.2 acres of land in Canyon County. The acreage formed a rectangular area through which, on the west side, from south to north, flowed a slough variously known as the Rueth drain and the Weilmunster drain. Most of the dairy farm, including all of the improvements and roadways were located to the east of that drain. A small area of pasture was located to the west of the drain.