Moon v. North Idaho Farmers Ass'n, 140 Idaho 536

Summary

The Idaho Supreme Court reviewed a permissive interlocutory appeal concerning House Bill 391, which amended Idaho's crop-residue-burning laws and immunized compliant North Idaho grass farmers from nuisance and trespass liability. The court held that the amendments did not constitute an unconstitutional taking under the Idaho or United States Constitutions and declined to treat the statutory immunity as creating an easement. The court also recognized the Legislature's authority to modify or repeal common-law causes of action.

Holdings

1. Idaho Code § 22-4803A(6), which immunizes compliant crop-residue burning from private and public nuisance and trespass claims, does not effect a taking under the Fifth Amendment or Article I, §§ 13 and 14 of the Idaho Constitution.
2. Idaho Code § 22-4803A(6) does not violate Article I, § 1 of the Idaho Constitution because plaintiffs failed to show that no set of circumstances existed under which the legislation could constitutionally serve the common welfare.
3. Idaho Code § 22-4803A(6) is not an unconstitutional local or special law under Article III, § 19 of the Idaho Constitution because it applies equally to all crop-residue burners subject to its terms.
4. The Legislature may abolish or modify common-law nuisance and trespass causes of action that have not vested, subject to constitutional limitations.

Questions Presented

1. Whether Idaho Code § 22-4803A(6), as enacted by House Bill 391, effected an unconstitutional taking of private property under the United States and Idaho Constitutions.
2. Whether the statute violated Article I, § 1 of the Idaho Constitution by imposing a limitation not in the interests of the common welfare.
3. Whether the statute was an unconstitutional local or special law under Article III, § 19 of the Idaho Constitution.

Disposition

reversed