(A) Hearing.
(1) Definition. As used herein, an AFFECTED PERSON shall mean one having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing the development.
(2) Right to petition. Any affected person may at any time prior to final action on a permit required or authorized under this subchapter, if no hearing has been held on the application, petition the Commission or City Council, in writing, to hold a hearing pursuant to Idaho Code § 67-6512; provided, however, that if 20 affected persons petition for a hearing, the hearing shall be held.
(3) Action taken.
(a) After a hearing, the Commission or City Council may:
1. Grant or deny a permit; or
2. Delay such a decision for a definite period of time for further study or hearing.
(b) Each Commission or City Council shall establish, by rule and regulation, a time period within which a recommendation or decision must be made.
(4) Judicial review. An affected person aggrieved by a decision may, within 28 days after all remedies have been exhausted under local ordinances, seek judicial review, as provided by Idaho Code Title 67, Chapter 52.
(B) Eminent domain.
(1) Authority. Authority to exercise the regulatory power of zoning in land-use planning shall not simultaneously displace coexisting eminent domain authority granted under the State Constitution, Article I, § 14, and Idaho Code Title 7, Chapter 7.
(2) Just compensation. An affected person claiming just compensation for a perceived taking, the basis of the claim being that a specific zoning action or permitting action restricting private property development is actually a regulatory action by local government deemed as necessary to complete the development of the material resources of the state, or necessary for other public uses, may seek a judicial determination of whether the claim comes within defined provisions of State Constitution, Article 1, § 14, relating to eminent domain. Under these circumstances, the affected person is exempt from the provisions of division (A) of this section and may seek judicial review through an inverse condemnation action specifying neglect by local government to provide just compensation under the provisions of the State Constitution Article I, § 14, and Idaho Code Title 7, Chapter 7.
(Prior Code, § 13-12-9)