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The Right of Way Section of the Idaho Transportation Department is responsible for the acquisition of all property required for highway construction, material sources and maintenance shed sites.
Idaho's Constitution follows the Fifth Amendment to the United States Constitution which provides that no person be deprived of life, liberty or property without due process of law, and that private property cannot be taken for public use without just compensation.
A person claiming a prescriptive easement must prove ?by clear and convincing evidence? that their use of the property in question was ?(1) open and notorious, (2) continuous and uninterrupted, (3) adverse and under a claim of right, (4) with the actual or imputed knowledge of the owner of the servient tenement (5) for ...