Rueth v. State

McFADDEN, Justice.

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, “effectpng] 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…