(DOWNLOAD) "Herbert L. Rueth and Kathleen J. Rueth V." by Supreme Court of Idaho No. 12132 # eBook PDF Kindle ePub Free
eBook details
- Title: Herbert L. Rueth and Kathleen J. Rueth V.
- Author : Supreme Court of Idaho No. 12132
- Release Date : January 10, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 86 KB
Description
The State of Idaho's Fish and Game Department appeals a jury verdict in favor of plaintiffs-respondents Rueths. The Rueths brought suit in October, 1972, claiming that the Fish and Game Department's operation of a water diversion structure and resultant flooding effected a complete loss of value of said lands of plaintiffs and, therefore, constitutes a taking of said lands of plaintiffs by defendants. The prayer of plaintiffs' complaint asked that a jury trial be had to ascertain and assess the plaintiffs' damages by reason of the loss of the total amount of property taken by the Defendants. Fish and Game denied the taking and denied any responsibility for the alleged flooding. After plaintiffs and defendant rested, the trial court gave a number of instructions as to what the jury might find constituted a taking. The jury was also instructed that, if they found a taking, the measure of damages is the difference between the fair market value of plaintiffs' property before the taking and the fair market value of plaintiffs' property immediately after the taking.