[DOWNLOAD] "City Caldwell v. Roy A. Roark and Oleta" by Supreme Court of Idaho No. 9915 " eBook PDF Kindle ePub Free

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eBook details

• Title: City Caldwell v. Roy A. Roark and Oleta
• Author : Supreme Court of Idaho No. 9915
• Release Date : January 20, 1968
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Plaintiff (respondent) brought this action February 24, 1965, to acquire, by right of eminent domain, approximately 9.48 acres of land owned by defendants (appellants) Roy A. and Oleta Roark, and lying within the limits of the City of Caldwell, in Canyon County. The cause was tried to a jury on the issue of the value of the land taken. No severance damage was sought. Defendants brought this appeal from the judgment entered upon the verdict of the jury awarding them $12,500 compensation for the land taken. The land taken was part of a larger tract acquired by defendants in 1954. The portion here involved, together with other land lying within the city limits, was platted by defendants for development for residential purposes, and was designated as the Third Parkside Addition. The plat was accepted and approved by the city and filed of record. As platted, the addition contained 80 separate lots. The portion taken by the city in this action contained 49 lots. Streets and alleys had been laid out, but the corners of the lots were not staked. Gas, electric power, water and sewer service had been made available to the property. The land lies adjacent to and corners on the southeast corner of the Caldwell municipal airport and opposite the southeast end of the airport's only runway. Planes taking off and landing necessarily fly low over the property. The city attempted to impose certain building restrictions upon the property under authority of an airport zoning ordinance adopted in June, 1961. In Roark v. City of Caldwell, 87 Idaho 557, 394 P.2d 641 (1964), this court held the ordinance invalid in that its application to this property would constitute a taking of private property for public use without just compensation in violation of art. 1, § 14, of the state constitution.

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