Idaho § 39-4441 - REMEDY FOR DEVALUATION OF PROPERTY CAUSED BY APPROVED FACILITY

§ 39-4441. REMEDY FOR DEVALUATION OF PROPERTY CAUSED BY APPROVED FACILITY

(1) Before construction of a hazardous waste facility, but in no case later than nine (9) months after approval of a site license for such facility, any owner or user of real property adversely affected by approval may bring an action in a district court of competent jurisdiction against the owner of the proposed facility.

(2) If a court determines that the planned construction and operation of the facility will result in the devaluation of the plaintiff’s property or will otherwise interfere with the plaintiff’s rights in the property, the court shall order the facility’s owner to compensate the plaintiff in an amount equal to the value of the plaintiff’s loss.

(3) The remedy provided by this section shall be in addition to other remedies provided by law for property owners or users aggrieved by the proposed construction and operation of a hazardous waste facility.

(4) Nothing in this chapter shall prevent a property owner or user aggrieved by the construction and operation of a facility from seeking damages that result from a subsequent modification of the design or operation of the facility, but such damages are limited to the incremental damage that results from such modification. Any action for such damages under this section shall be brought within nine (9) months after the siting license for modification of the design or operation of the facility is approved.

(5) For the purpose of assessing damages, the value of the rights affected shall be fixed at the date the siting license is approved and the actual value of the right at that date shall be the basis for the determination of the amount of damage suffered, and no improvements to the property subsequent to the date of approval of the plans shall be included in the assessment of damages. For any subsequent modification of a facility, the value is fixed at the date of approval of the siting license.

(6) The owner or operator of a proposed facility may at any time before an award of damages abandon the construction or operation of the facility or any modification thereof and cause the action to be dismissed. As a condition of dismissal, the facility’s owner or operator shall compensate the plaintiff for any actual damage sustained as a result of construction or operation of the facility before abandonment together with court costs and reasonable attorney’s fees.

(7) Nothing in this chapter shall prevent a court from enjoining any activity at a hazardous waste facility that is outside of, or not in compliance with, the terms and conditions of an approved hazardous waste operations permit issued pursuant to section 39-4409 , Idaho Code.

[39-4441, added 2026, ch. 89, sec. 17, p. 476.]