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PROPERTY RIGHTS & FISCAL RESP. v. IDAHO FALLS CITY

No. 12-35800.

742 F.3d 1100 (2013)

ALLIANCE FOR PROPERTY RIGHTS AND FISCAL RESPONSIBILITY; Bryon Reed; Carl Taylor; Linda Taylor; Harold Carlson; Rita Carlson; Jeff Walbom; Jackie Walbom; Ted Whitehead; Carol Whitehead; Robert Johnson; Jim Dixon; Penny Dixon; Pamela Lyon; Wayne Jensen; Ann Jensen; Elmer Cherry; Sandra Cherry, Plaintiffs-Appellees, v. CITY OF IDAHO FALLS; Idaho Falls Power, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 31, 2013.

Attorney(s) appearing for the Case

Joshua Evett (argued) and Matthew C. Parks , Elam & Burke, Boise, Idaho, for Defendants-Appellants.

Brent L. Whiting (argued), Richard A. Hearn , and Eric Lynn Olsen , Racine Olson Nye Budge & Bailey, Idaho Falls, ID, for Plaintiffs-Appellees.

Before: MARY M. SCHROEDER, SIDNEY R. THOMAS, and N. RANDY SMITH, Circuit Judges.

OPINION

N.R. SMITH, Circuit Judge:

Municipalities in Idaho do not have the power to exercise eminent domain extraterritorially for the purpose of constructing electric transmission lines. Neither the Idaho Constitution nor the Idaho Legislature has expressly or impliedly given Idaho's cities that power. Because cities in Idaho are "creature[s] of the state," they cannot receive that power from any other source. Caesar v. State, 101...

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