Justice, concurring specially.
Rueth J in a way was a codification of the Court’s previous opinions in inverse condemnation cases. Nothing said therein need be here repeated, but it should be referred to in order to understand my reasoning for an award of attorney’s fees.
It would be difficult for me to make that award on the basis of the Minich1 doctrine. I continue to believe that the Court in Minich erroneously and unconstitutionally applied I.C. § 12-121 and that the views expressed in the separate opinions of Bistline, J., and Donaldson, J., should have prevailed. Similarly, I have on occasion challenged the use of the Court’s procedural rulemaking authority to modify the statute as it was made applicable to awards of attorney’s fees in the trial courts. Nothing more need be added and I have heretofore vowed “to write no more forever” on that score.
My reading of the Court’s carefully drawn opinion giving full discussion to the issues prevents my reaching an “abiding belief that appeal was brought, pursued or defended frivolously, unreasonably or without foundation.” Minich, 99 Idaho at 918, 591 P.2d at 1085. The taking issue was twice resolved against the State, and the two juries were astonishingly close on damages. While I do believe there was little chance of success on the appeal, I thought, and still do, that there was no chance for a reversal in the case of Lamb v. Robinson, 101 Idaho 703, 620 P.2d 276 (1980). It was reversed, however, and on issues not raised.
Returning to the first paragraph above, Rueth I left it entirely clear that condemnation cases and inverse condemnation cases are not creatures of statute, but are civil actions predicated upon our Idaho constitution. Hence, we do not require, and need not submit to any legislative directions or prohibitions in pursuing our obligation to *82see that property owners receive the just compensation to which they are constitutionally entitled. Two-thirds of the amount of an award is not full compensation and, a fortiori, is not just. My vote to award attorney’s fees on the appeal is so bottomed. I would have voted to sustain an award of attorney’s fees at the trial level had any been awarded.
. Minich v. Gem State Developers, 99 Idaho 911, 598 P.2d 1078 (1979).