City of Pocatello v. Anderton

I am able to embrace some but not all of the views set forth in the Court’s opinion. Mainly, I believe that a constitutional right is being denigrated.

I. Jury Trial

Rueth v. State, 100 Idaho 203, 596 P.2d 75 (1978), Mitchell v. Flandro, 95 Idaho 228, 506 P.2d 455 (1972), before it, and the entire history of eminent domain cases make it abundantly clear that an eminent domain proceeding is a constitutional ac*375tion, and not one created by the legislature, or by the courts. So postured it is beyond the power of the courts or of the legislature to deprive a property owner of his property without…