Idaho Code § 55-2508 — Idaho Code / Title 55 / Chapter 25 / Section 55-2508
55-2508 DISCLOSURE FORM.
Status: in_force

55-2508. Disclosure form. The disclosures required by the provisions of this article pertaining to the property proposed to be transferred are set forth in and shall be made on a copy of the following disclosure form or an alternative form as provided in section 55-2506, Idaho Code:

SELLER PROPERTY DISCLOSURE FORM

SELLER'S NAME AND ADDRESS:

Section 55-2501, et seq., Idaho Code, requires Sellers of residential real property to complete a property condition disclosure form.

PURPOSE OF STATEMENT: This is a statement of the conditions and information concerning the property known by the Seller. Unless otherwise advised, the Seller does not possess any expertise in construction, architectural, engineering or any other specific areas related to the construction or condition of the improvements on the property. Other than having lived at or owning the property, the Seller possesses no greater knowledge than that which could be obtained upon a careful inspection of the property by the potential buyer. Unless otherwise advised, the Seller has not conducted any inspection of generally inaccessible areas such as the foundation or roof. It is not a warranty of any kind by the Seller or by any agent representing any Seller in this transaction. It is not a substitute for any inspections. Purchaser is encouraged to obtain his/her own professional inspections. Notwithstanding that transfer of newly constructed residential real property that previously has not been inhabited is exempt from disclosure pursuant to section 55-2505, Idaho Code, Sellers of such newly constructed residential real property shall disclose information regarding annexation and city services in the form as prescribed in questions 1., 2. and 3.

1. Is the property located in an area of city impact, adjacent or contiguous to a city limits, and thus legally subject to annexation by the city? …. Yes …. No

2. Does the property, if not within city limits, receive any city services, thus making it legally subject to annexation by the city? …. Yes …. No

3. Does the property have a written consent to annex recorded in the county recorder's office, thus making it legally subject to annexation by the city? …. Yes …. No

4. All appliances and service systems included in the sale, (such as refrigerator/freezer, range/oven, dishwasher, disposal, hood/fan, central vacuum, microwave oven, trash compactor, smoke detectors, tv antenna/dish, fireplace/wood stove, water heater, garage door opener, pool/hot tub, etc.) are functioning properly except: (please list and explain)

.

.

5. Specify problems with the following:

Basement water

Foundation

Roof condition and age

Well (type) …………………. problem

Septic system (type) …………. problem

Plumbing

Drainage

Electrical

Heating

6. Describe any conditions that may affect your ability to clear title (such as encroachments, easements, zoning violations, lot line disputes, etc.):

.

7. Are you aware of any hazardous materials or pest infestations on the property?

8. Have any substantial additions or alterations been made without a building permit?

9. Any other problems, including legal, physical or other not listed above that you know concerning the property:

The Seller certifies that the information herein is true and correct to the best of Seller's knowledge as of the date signed by the Seller. The Seller is familiar with the residential real property and each act performed in making a disclosure of an item of information is made and performed in good faith.

I/we acknowledge receipt of a copy of this statement.

Seller: Buyer:

…………………… …………………….

Date: ……………… Date: ……………….

…………………… …………………….

Date: ……………… Date: ……………….

History:

[55-2508, added 1994, ch. 366, sec. 1, p. 1175; am. 2002, ch. 333, sec. 5, p. 945.]
Idaho Code § 55-1104 — Idaho Code / Title 55 / Chapter 11 / Section 55-1104
55-1104 NOTICE OF HEARING.
Status: in_force

55-1104. Notice of hearing. A copy of the petition, with a notice of the time and place of hearing, must be served upon the claimant at least two (2) days before the hearing.

History:

[(55-1104) R.S., sec. 3046; reen. R.C. & C.L., sec. 3184; C.S., sec. 5448; I.C.A., sec. 54-1104.]
Idaho Code § 55-3204B — Idaho Code / Title 55 / Chapter 32 / Section 55-3204B
55-3204B RESTRICTIONS ON BOARD MEMBERSHIP — PROXY VOTES.
Status: in_force

55-3204B. RESTRICTIONS ON BOARD MEMBERSHIP — PROXY VOTES. (1) Except during the period of declarant control of the homeowner's association pursuant to section 55-3204A, Idaho Code, only one (1) owner per lot shall serve concurrently on the board of a homeowner's association.

(2) Votes allocated to the owners may be cast under a written proxy duly executed by the owner, pursuant to the provisions of the Idaho nonprofit corporation act under part 5, chapter 30, title 30, Idaho Code, except:

(a) No single owner may hold proxies representing more than fifty percent (50%) of the total votes in the homeowner's association; and

(b) A person may not serve on the board of a homeowner's association if the person is a member of the same household in the same primary residence as another board member of the homeowner's association.

(3) The provisions of subsection (2) of this section shall not apply to a homeowner's association with fewer than twenty (20) residences or during the declarant control period of the homeowner's association.

History:

[55-3204B, added 2025, ch. 204, sec. 4, p. 927.]
Idaho Code § 55-2706 — Idaho Code / Title 55 / Chapter 27 / Section 55-2706
55-2706 RENTAL AGREEMENT.
Status: in_force

55-2706. Rental agreement. (1) From and after the effective date of this chapter, any landlord offering a moorage site for rent shall provide the prospective tenant with a written agreement. This agreement must be executed by both parties. The provisions of this chapter shall apply to all such agreements to the extent applicable as set forth in this chapter.

(2) The requirements of subsection (1) of this section shall not apply if:

(a) The floating home marina or a part thereof has been acquired by eminent domain or condemnation for a public works project; or

(b) An employer-employee relationship exists between a landlord and tenant.

(3) The provisions of this section shall apply to any tenancy in existence on the effective date of this act, but only after expiration of the term of any oral or written rental agreement governing such tenancy, not to exceed twelve (12) months from the effective date of this act. Existing contracts may be perpetuated by agreement of both parties.

(4) A floating home owner shall be offered a rental agreement for:

(a) A term of twelve (12) months;

(b) A lesser period as mutually agreed upon by both the floating home owner and the landlord; or

(c) A longer period as mutually agreed upon by both the floating home owner and the landlord.

(5) A rental agreement may not contain a provision by which the tenant waives his rights under this law.

(6) The rental agreement shall identify a specific moorage site. The moorage site occupied by a floating home shall remain site specific as set forth in the rental agreement unless any moorage site change is agreed upon by the tenant and the landlord.

History:

[55-2706, added 1998, ch. 194, sec. 1, p. 699.]
Idaho Code § 55-2104 — Idaho Code / Title 55 / Chapter 21 / Section 55-2104
55-2104 VALIDITY OF CONSERVATION EASEMENTS.
Status: in_force

55-2104. Validity of conservation easements. A conservation easement is valid even though:

(1) It is not appurtenant to an interest in real property;

(2) It can be or has been assigned to another holder;

(3) It is not of a character that has been recognized traditionally at common law;

(4) It imposes a negative burden;

(5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;

(6) The benefit does not touch or concern real property; or

(7) There is no privity of estate or of contract.

History:

[55-2104, added 1988, ch. 222, sec. 1, p. 423.]
Idaho Code § 55-1519 — Idaho Code / Title 55 / Chapter 15 / Section 55-1519
55-1519 LIENS FOR LABOR, SERVICES OR MATERIALS — EXPRESS CONSENT — EMERGENCY REPAIRS — PROPORTIONATE PAYMENT FOR REMOVAL OF LIEN.
Status: in_force

55-1519. Liens for labor, services or materials — Express consent — Emergency repairs — Proportionate payment for removal of lien. No labor performed or services or materials furnished with the consent of or at the request of a condominium owner or his agent or his contractor or subcontractor shall be the basis for the filing of a lien against the condominium of any other condominium owner, or against any part thereof, or against any other property of any other condominium owner, unless such other owner has expressly consented to or requested the performance of such labor or furnishing of such materials or services. Such express consent shall be deemed to have been given by the owner of any condominium in the case of emergency repairs thereto. Labor performed or services or materials furnished for the project, if duly authorized by the management body, shall be deemed to be performed or furnished with the express consent of each condominium owner. The owner of any condominium may remove his condominium from a lien against two (2) or more condominiums or any part thereof by payment to the holder of the lien of the fraction of the total sum secured by such lien which is attributable to his condominium.

History:

[55-1519, added 1965, ch. 225, sec. 19, p. 515.]
Idaho Code § 55-1517 — Idaho Code / Title 55 / Chapter 15 / Section 55-1517
55-1517 INSURANCE OF INDIVIDUAL UNITS BY MANAGEMENT BODY.
Status: in_force

55-1517. Insurance of individual units by management body. The management body, if required by the declaration, by-laws or otherwise, or at the request of a mortgagee or a beneficiary of a deed of trust having a first mortgage or first deed of trust of record covering a unit or any part of the project, shall have the authority and an insurable interest to insure the project or any portion thereof against loss or damage by fire or other hazard or casualty. Such insurance coverage may be written in the name of the management body, as trustee for each of the condominium owners in the percentages established in the declaration or as otherwise provided in the declaration or provided by the management body, and premiums may be treated as common expenses. Provision for such insurance shall be without prejudice to the right of each condominium owner to insure his own unit for his own benefit. This provision shall not be construed to limit the power of such body to secure and maintain other insurance coverage or to treat the cost thereof as a common expense.

History:

[55-1517, added 1965, ch. 225, sec. 17, p. 515.]
Idaho Code § 55-1102 — Idaho Code / Title 55 / Chapter 11 / Section 55-1102
55-1102 APPLICATION FOR APPRAISEMENT.
Status: in_force

55-1102. Application for appraisement. The application must be made upon a verified petition, showing:

1. The fact that an execution has been levied upon the homestead.

2. The name of the claimant.

3. That the value of the homestead exceeds the amount of the homestead exemption.

History:

[(55-1102) 1863, p. 575, sec. 3; R.S., sec. 3044; reen. R.C. & C.L., sec. 3182; C.S., sec. 5446; I.C.A., sec. 54-1102.]
Idaho Code § 55-3213 — Idaho Code / Title 55 / Chapter 32 / Section 55-3213
55-3213 FAMILY DAYCARE HOMES.
Status: in_force

55-3213. family daycare homes. (1) On and after July 1, 2024, except as otherwise provided in this section, no homeowner's association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits or has the effect of prohibiting the operation of a family daycare home as defined in section 39-1102, Idaho Code. This section shall not affect any covenant, condition, or restriction in effect prior to July 1, 2024.

(2) The provisions of this section shall not supersede any of the homeowner's association's regulations concerning architectural control, parking, landscaping, noise, or other matters applicable to all homeowner association members.

(3) A homeowner's association may adopt reasonable rules in compliance with any applicable laws or ordinances, including a requirement that a family daycare home be licensed pursuant to the applicable provisions of chapter 11, title 39, Idaho Code.

History:

[55-3213, added 2024, ch. 191, sec. 1, p. 687.]
Idaho Code § 55-2301 — Idaho Code / Title 55 / Chapter 23 / Section 55-2301
55-2301 DEFINITIONS.
Status: in_force

55-2301. Definitions. As used in this chapter:

(1) "Default" means the failure by the lessee to perform, on time, any obligation or duty set forth in the rental agreement or the provisions of this chapter.

(2) "Last known address" means the address provided by the lessee in the rental agreement or the address provided by the lessee to the operator in a subsequent written notice of a change of address.

(3) "Leased space" means the individual storage space at the self-service storage facility that is or may be rented to a lessee pursuant to a rental agreement. The leased space may be enclosed, covered, or open storage.

(4) "Lessee" means a person, sublessee, successor, or assignee entitled to the use of a leased space at a self-service storage facility under the terms of a rental agreement.

(5) "Operator" means the owner, operator, lessor, or sublessor of a self-service storage facility or an agent or another person authorized to manage the facility or to receive rent from a lessee under a rental agreement. The term does not include a warehouse operator if the warehouse operator issues a warehouse receipt, bill of lading, or other document of title for the personal property stored.

(6) "Personal property" means those items placed within the leased space and includes but is not limited to goods, wares, merchandise, motor vehicles, watercraft, and household items and furnishings.

(7) "Rental agreement" means a signed, written agreement or contract that establishes or modifies conditions or rules concerning the use and occupancy by a lessee of leased space at a self-service storage facility and includes any signed, written amendment to such an agreement. The rental agreement may be delivered and accepted electronically.

(8) "Self-service storage facility" means any real property used for renting or leasing individual storage space in which the lessees themselves store and remove their own personal property on a "self-service" basis.

(9) "Vehicle" is as defined in section 49-123, Idaho Code, and "trailer" is as defined in section 49-121, Idaho Code. Should the operator choose to proceed with a lien sale of a vehicle, the operator shall comply with the provisions of section 45-805, Idaho Code.

History:

[55-2301, added 1990, ch. 381, sec. 1, p. 1055; am. 2020, ch. 144, sec. 1, p. 443; am. 2024, ch. 244, sec. 1, p. 866; am. 2025, ch. 181, sec. 1, p. 851.]
Idaho Code § 55-115 — Idaho Code / Title 55 / Chapter 1 / Section 55-115
55-115 PROHIBITIONS ON LEASE OR PURCHASE OF LAND OR DWELLINGS — WITHIN CERTAIN GEOGRAPHIC BOUNDARIES.
Status: in_force

55-115. Prohibitions on LEASE OR PURCHASE OF LAND OR DWELLINGS — within certain geographic boundaries. (1) A foreign principal from a foreign adversary country shall not be allowed to directly or indirectly purchase, hold, rent, or otherwise control any property in Idaho within the geographic boundaries described by the following coordinates: N4200 W11700, N4320 W11700, N4320 W11600, N4300 W11600, N4300 W11500, N4200 W11500.

(2) A foreign principal that directly or indirectly controls any property covered by subsection (1) of this section must sell, transfer, or otherwise divest itself of control of the property within one hundred eighty (180) days of the effective date of this act.

(3) A foreign principal from a foreign adversary country that acquires, directly or indirectly, control of property covered by subsection (1) of this section after July 1, 2025, by devise, descent, through the enforcement of security interests, or the collection of debts must sell, transfer, or otherwise divest itself of the property within one hundred eighty (180) days of acquiring control of the property.

(4) If a foreign principal from a foreign adversary country does not divest the public or private lands as required by this section, the attorney general shall commence an action in the district court within the jurisdiction of the public or private land.

(5) If the public or private land is held in violation of this section, the district court shall order that the public or private land be sold through judicial foreclosure.

(6) Proceeds of the sale shall be disbursed to lienholders, in the order of priority, except for liens that, under the terms of the sale, are to remain on the public or private land.

(7) Any individual may act as a whistleblower and provide a referral to the office of the attorney general for violations of this section.

(8) If a whistleblower referral results in a divestiture of land or other assets held in violation of this section, the whistleblower shall be entitled to a reward equal to thirty percent (30%) of the proceeds of the land sale resulting from a violation of this section. Proceeds of the sale shall be disbursed in the following order:

(a) The payment of authorized costs of the sale, including all approved fees and expenses of the referee and any taxes and assessments due;

(b) The payment, in an amount approved by the court, to the attorney general for reimbursement of investigation and litigation costs and expenses;

(c) To bona fide lienholders, in the order of priority, except for liens that, under the terms of the sale, are to remain on the property;

(d) To whistleblowers; and

(e) To the restricted foreign entity.

(9) The whistleblower enforcement provision takes effect one hundred eighty (180) days after the effective date of this section.

(10) As used in this section, "military base" or "installation" means any land, structure, or property owned or controlled by any division of the department of defense, Idaho national guard, or any other department of government, state or federal, vital to the safety and security of the state of Idaho or the United States.

(11) The responsibility for determining whether an entity is subject to this section rests solely with the foreign entity, the attorney general, or any qualifying whistleblower, and no other individual or entity. An individual or entity who is not a foreign entity shall not be required to determine or inquire whether another person or entity is or may be subject to this section and shall bear no civil or criminal liability under this section.

History:

[55-115, added 2025, ch. 326, sec. 3, p. 1348.]
Idaho Code § 55-1706 — Idaho Code / Title 55 / Chapter 17 / Section 55-1706
55-1706 GEODETIC COORDINATES.
Status: in_force

55-1706. GEODETIC COORDINATES. The official geodetic datums to which geodetic coordinates, including but not limited to latitude, longitude, ellipsoid height or orthometric height, are referenced within the state of Idaho shall be those defined by the NGS.

History:

[55-1706, added 2021, ch. 174, sec. 11, p. 485.]
Idaho Code § 55-2106 — Idaho Code / Title 55 / Chapter 21 / Section 55-2106
55-2106 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Status: in_force

55-2106. Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of the chapter among states enacting it.

History:

[55-2106, added 1988, ch. 222, sec. 1, p. 424.]
Idaho Code § 55-3208 — Idaho Code / Title 55 / Chapter 32 / Section 55-3208
55-3208 SOLAR PANELS.
Status: in_force

55-3208. solar panels. (1) No homeowner's association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits the installation of solar panels or solar collectors on the rooftop of any property or structure within the jurisdiction of the homeowner's association. A homeowner's association may, however, determine the specific location where solar panels or solar collectors may be installed on the roof as long as installation is permitted with an orientation to the south or within forty-five (45) degrees east or west of due south.

(2) A homeowner's association may adopt reasonable rules for the installation of solar panels or solar collectors consistent with an applicable building code or to require that panels or collectors be parallel to a roofline, conform to the slope of a roof, and that any frame, support bracket, or visible piping or wiring be painted to coordinate with the roofing material. The provisions of this subsection shall apply only to rooftops that are owned, controlled, and maintained by the homeowner.

History:

[55-3208, added 2022, ch. 323, sec. 4, p. 1043.]
Idaho Code § 55-1802 — Idaho Code / Title 55 / Chapter 18 / Section 55-1802
55-1802 DEFINITIONS.
Status: in_force

55-1802. Definitions. When used in this chapter, unless the context otherwise requires:

(1) "Commission" means the Idaho real estate commission.

(2) "Disposition" includes sale, lease, assignment, award by lottery or any other transaction concerning a subdivision, if undertaken for gain or profit.

(3) "Offer" includes any inducement, solicitation or attempt to encourage a person to acquire an interest in land, if undertaken for gain or profit.

(4) "Person" means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two (2) or more of any of the foregoing having a joint or common interest or any other legal or commercial entity.

(5) "Purchaser" means a person who acquires or attempts to acquire or succeeds to an interest in land.

(6) "Subdivider" means any owner of subdivided land who offers it for disposition or the principal agent of an inactive owner.

(7) "Subdivision" or "subdivided lands" means and includes the following:

(a) Any land situated outside the state of Idaho that is divided or is proposed to be divided for the purpose of disposition into five (5) or more lots, parcels, units or interests and also includes any land, whether contiguous or not, if five (5) or more lots, parcels, units or interests are offered as a part of a common promotional plan of advertising and sale;

(b) Any time shared property located within or without this state that is offered to purchasers or is proposed to be offered to purchasers.

(8) "Time shared property" means any real property in which the use and occupancy rights are divided or proposed to be divided into more than thirteen (13) units, interests or parcels in accordance with a fixed or variable time schedule on a periodic basis that allocates the use or occupancy among the persons holding similar interests, whether such use or occupancy rights are granted by deed, contract or share certificate.

History:

[55-1802, added 1972, ch. 276, sec. 2, p. 667; am. 1984, ch. 61, sec. 1, p. 110; am. 2010, ch. 214, sec. 2, p. 468.]
Idaho Code § 55-3013 — Idaho Code / Title 55 / Chapter 30 / Section 55-3013
55-3013 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Status: in_force

55-3013. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

History:

[55-3013, added 2006, ch. 15, sec. 1, p. 40.]
Idaho Code § 55-921 — Idaho Code / Title 55 / Chapter 9 / Section 55-921
55-921 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Status: in_force

55-921. Uniformity of application and construction. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.

History:

[(55-921) 55-920, added 1987, ch. 202, sec. 2, p. 428; am. and redesig. 2015, ch. 342, sec. 11, p. 1296.]
Idaho Code § 55-1606 — Idaho Code / Title 55 / Chapter 16 / Section 55-1606
55-1606 FILING OR RECORDING INFORMATION.
Status: in_force

55-1606. Filing or recording information. The board shall, by regulation, provide and prescribe the information which shall be necessary to be included in the corner record and the board shall prescribe the form in which such corner record shall be presented and filed or recorded.

History:

[55-1606, added 1967, ch. 215, sec. 6, p. 647; am. 1972, ch. 162, sec. 3, p. 363.]
Idaho Code § 55-2710 — Idaho Code / Title 55 / Chapter 27 / Section 55-2710
55-2710 REASONS FOR EVICTION — STATEMENT OF EVICTION REASONS IN NOTICE.
Status: in_force

55-2710. Reasons for eviction — Statement of eviction reasons in notice. (1) The grounds for which a tenancy may be terminated and a tenant evicted shall be:

(a) Conduct by tenant or tenant's guest which constitutes a nuisance to other floating home owners, marina tenants or marina owner;

(b) Substantial or repeated violation of the reasonable rules and regulations of the marina;

(c) Nonpayment of rent;

(d) Other material breach of a rental agreement; or

(e) Condemnation of the marina.

(2) The landlord shall set forth in a notice of termination the reason relied upon for the termination with sufficient specificity to permit determination of the date, place, witnesses, if any, and circumstances concerning such reason. Reference to a section or subsection or a recital of the language of this chapter shall not constitute compliance with this section.

(3) In the case of termination of the tenancy and eviction for the reasons set out in paragraphs (a), (b), (c) or (d) of subsection (1) of this section, the tenant shall be given written notice to comply which notice may be given by personal service upon a tenant, or if the tenant cannot be found at the marina, then by mailing a copy of the notice by certified mail to the last mailing address provided by the tenant. In the case of personal service, service of the notice shall be deemed effected three (3) days after deposit in the United States mail, postage prepaid by registered mail, return receipt requested. If the tenant does not comply within fifteen (15) days following service, landlord may give notice of termination as provided in this chapter.

History:

[55-2710, added 1998, ch. 194, sec. 1, p. 702.]
Idaho Code § 55-403 — Idaho Code / Title 55 / Chapter 4 / Section 55-403
55-403 ABANDONED OR UNCLAIMED PROPERTY IN POSSESSION OF SHERIFF OR CITY POLICE DEPARTMENT — SALE AT PUBLIC AUCTION.
Status: in_force

55-403. Abandoned or unclaimed property in possession of sheriff or city police department — Sale at public auction. (1) Except as otherwise provided in subsection (4) of this section, any personal property that has come into the possession or custody of the sheriff of any county in this state or the city police department of any city in this state by reason of the same having been abandoned, impounded or otherwise left with the sheriff or city police department, or if originally taken into custody under legal process, such property has been lawfully released or discharged from the attachment or other process under which it was taken into custody and which remains unclaimed or unredeemed by the owner or one entitled to possession thereof for more than ninety (90) days from the date of such abandonment, impoundment, leaving, or release from attachment or other process under which the same was originally taken into custody, as the case may be, shall be subject to sale by the sheriff or city police department at public auction for cash on not less than five (5) or more than ten (10) days' notice except as otherwise provided in subsection (2) of this section, the conduct and notice of which sale shall be given and had in conformity with sales on execution; provided, however, that prior to public auction, bicycles need only be unclaimed or unredeemed by the owner or one entitled to possession for more than sixty (60) days and that personal property with a fair market value of less than twenty-five dollars ($25.00) need only be unclaimed or unredeemed by the owner or one entitled to possession for more than thirty (30) days.

(2) Whenever the sheriff or city police department has knowledge of the name and address of the owner or one entitled to possession of personal property, a copy of such notice of sale at public auction as provided in subsection (1) of this section or of a bid for sale as provided in subsection (4) of this section, shall be mailed to such owner or one entitled to possession, with postage prepaid, at least fourteen (14) days prior to such sale.

(3) As many items of personal property may be noticed for sale and sold at the same sale as the sheriff or city police department may deem advisable, and said property may be sold singly or in lots or as a whole as the sheriff or city police department may determine. The sheriff or city police department shall give a bill of sale to the highest bidder upon payment of the amount bid upon payment of the bid price.

(4) (a) Any firearm or ammunition that meets the established specifications for official law enforcement duty use and will be used for official law enforcement duty use and which has come into the possession or custody of the sheriff of any county in this state or the city police department of any city in this state by reason of the firearm or ammunition having been abandoned, impounded or otherwise acquired by the sheriff or city police department, or if originally released or discharged from the attachment or other process under which it was taken into custody and which remains unclaimed or unredeemed by the owner or person entitled to possession thereof for more than six (6) months from the date of such abandonment, impoundment, leaving or release from attachment or other process under which the firearm or ammunition was originally taken into custody, as the case may be, may be converted by the county sheriff or city police department in the county or city in which it was first acquired. A serial number record shall be maintained for all firearms thus converted, and such record shall include the description, acquisition and disposition for each firearm converted.

(b) Any firearm or ammunition not converted for official law enforcement duty use as provided in subsection (4)(a) of this section, where such firearm or ammunition may be lawfully possessed by a licensed firearm dealer, shall be subject to sale to a licensed firearm dealer by sealed or opened bids after notification as provided in subsection (2) of this section. If no sale is completed for the firearm or ammunition pursuant to this paragraph, the firearm or ammunition may be converted to public agency ownership for official law enforcement purposes, provided an actual or appraised value is determined for each firearm or any ammunition converted. If the firearm or ammunition is not converted, or if following conversion the firearm or ammunition is deemed unusable or unsafe, the firearm or ammunition may be scrapped by melting or other method of destruction. The public agency shall maintain procedures and records as to the acquisition, serial number, location, use and final disposition of the firearm.

(c) Notwithstanding any other provision of law, a court shall direct the county sheriff or city police department to dispose of any firearm that has been used in the commission of a homicide in a manner the sheriff or city police department deems appropriate, provided however, this paragraph shall not apply to a firearm confiscated or otherwise acquired pursuant to an action under section 18-4009, 18-4011 or 18-4012, Idaho Code.

(5) Any public agency that confiscates a firearm shall maintain a serial number record, including a record of the acquisition and disposition, of such firearm and shall provide the firearm to the sheriff or city police department in the county or city in which the confiscation takes place. The firearm shall thereafter be handled in accordance with the provisions of this section.

History:

[55-403, added 1957, ch. 131, sec. 1, p. 221; am. 1978, ch. 357, sec. 1, p. 940; am. 1986, ch. 136, sec. 1, p. 366; am. 2005, ch. 217, sec. 2, p. 691; am. 2021, ch. 183, sec. 1, p. 504.]
Idaho Code § 55-613 — Idaho Code / Title 55 / Chapter 6 / Section 55-613
55-613 ENCUMBRANCES DEFINED.
Status: in_force

55-613. Encumbrances defined. The term "encumbrances" includes taxes, assessments, and all liens upon real property.

History:

[(55-613) R.S., sec. 2936; reen. R.C. & C.L., sec. 3121; C.S., sec. 5385; I.C.A., sec. 54-613.]
Idaho Code § 55-920 — Idaho Code / Title 55 / Chapter 9 / Section 55-920
55-920 APPLICATION OF GENERAL LAW.
Status: in_force

55-920. Application of general law. Unless displaced by the provisions of this act, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.

History:

[(55-920) 55-919, added 1987, ch. 202, sec. 2, p. 428; am. and redesig. 2015, ch. 342, sec. 10, p. 1295.]
Idaho Code § 55-205 — Idaho Code / Title 55 / Chapter 2 / Section 55-205
55-205 CONTINGENT REMAINDER.
Status: in_force

55-205. Contingent remainder. A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder is to be deemed a conditional limitation.

History:

[(55-205) R.S., sec. 2854; reen. R.C. & C.L., sec. 3075; C.S., sec. 5343; I.C.A., sec. 54-205.]
Idaho Code § 55-2604 — Idaho Code / Title 55 / Chapter 26 / Section 55-2604
55-2604 DEFINITIONS.
Status: in_force

55-2604. Definitions. As used in this act:

(1) "Local unit of government" means a county, city or a town.

(2) "Person" means an individual, proprietorship, partnership, corporation, club, or other legal entity.

(3) "Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other similar sport shooting. In the case of shotgun sports utilizing portable target throwers and shooting positions, the range area shall be deemed to encompass the entire parcel of real property whereupon shooting activities may be safely conducted, provided that shotfall occurs entirely upon the property of the person owning or controlling the range.

(4) "Outdoor sport shooting range" means any range described in subsection (3) of this section, including any range operated exclusively for the use of law enforcement, with the exception of:

(a) Any totally enclosed facility that is designed to offer a totally controlled shooting environment that includes impenetrable walls, floors, and ceilings, adequate ventilation, lighting systems and acoustical treatment for sound attenuation; or

(b) Any range described in chapter 91, title 67, Idaho Code.

(5) "Expanding" means the enlargement of scale, scope, or membership as it relates to shooting activities on a range.

(6) "Increasing" means to become more numerous as it relates to shooting opportunities, locations, or membership on a range.

(7) "Substantial change in use" means that the current primary use of the range no longer represents the activity previously engaged in at the range or the acquisition of additional real property for the purpose of range expansion. The following actions shall not constitute a substantial change in use:

(a) Expanding or increasing membership or opportunities for public, private, or law enforcement participation related to the primary activity as a shooting range;

(b) Making repairs or improvements to enhance safety or noise abatement;

(c) Increasing events and activities related to the primary activity as a shooting range;

(d) Acquiring additional lands to be used for buffer zones or noise mitigation efforts;

(e) Establishing or expanding range use hours between 7:00 a.m. and 10:00 p.m.;

(f) Establishing or expanding law enforcement agency range use hours between 10:00 p.m. and 7:00 a.m.; or

(g) Any location, relocation, or increase in the number of portable shotgun shooting positions as described in subsection (3) of this section.

History:

[55-2604, added 1996, ch. 339, sec. 1, p. 1141; am. 2008, ch. 318, sec. 3, p. 880; am. 2021, ch. 110, sec. 1, p. 352.]
Idaho Code § 55-1818 — Idaho Code / Title 55 / Chapter 18 / Section 55-1818
55-1818 EXTRADITION.
Status: in_force

55-1818. Extradition. In proceedings for extradition of a person charged with a crime under this chapter, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding or other state.

History:

[55-1818, added 1972, ch. 276, sec. 18, p. 667; am. 2010, ch. 214, sec. 18, p. 480.]
Idaho Code § 55-2020 — Idaho Code / Title 55 / Chapter 20 / Section 55-2020
55-2020 SERVICE OF NOTICE.
Status: in_force

55-2020. service of notice. (1) Any three (3) day notice to the resident as required by the provisions of this chapter may be served either:

(a) By delivering a copy to the resident personally; or

(b) If the resident be absent from the lot, by leaving a copy with someone of suitable age and discretion at the lot and sending a copy through the mail addressed to the resident at the lot. If a person of suitable age or discretion cannot be found at the lot, then by affixing a copy in a conspicuous place on the lot and sending a copy by certified mail return receipt requested addressed to the resident at the lot.

(2) Unless otherwise provided, any notice to the resident in excess of three (3) days as required by the provisions of this chapter may be served either:

(a) By delivering a copy to the resident personally; or

(b) By sending a copy by certified mail return receipt requested addressed to the resident at the lot.

(3) Service upon a subtenant may be made in the manner as provided in this section.

History:

[55-2020, added 2011, ch. 184, sec. 24, p. 534.]
Idaho Code § 55-602 — Idaho Code / Title 55 / Chapter 6 / Section 55-602
55-602 CONVEYANCE BY ATTORNEY IN FACT.
Status: in_force

55-602. Conveyance by attorney in fact. When an attorney in fact executes an instrument transferring an estate in real property, he must subscribe the name of his principal to it, and his own name as attorney in fact.

History:

[(55-602) R.S., sec. 2925; reen. R.C. & C.L., sec. 3110; C.S., sec. 5374; I.C.A., sec. 54-602.]
Idaho Code § 55-1011 — Idaho Code / Title 55 / Chapter 10 / Section 55-1011
55-1011 EXEMPTION OF PENSION MONEY AND RETIREMENT OR PROFIT-SHARING BENEFITS FROM LEGAL PROCESSES.
Status: in_force

55-1011. Exemption of pension money and retirement or profit-sharing benefits from legal processes. (1) Except as provided in subsection (2) of this section, any money or other assets payable to a participant or beneficiary from or any interest of any participant or beneficiary in, a retirement or profit-sharing plan that is qualified under sections 401(a), 403(a), 403(b), 408, 408A or 409 of the internal revenue code, as amended, is exempt from all claims of judgment creditors of the beneficiary or participant arising out of a negligent or otherwise wrongful act or omission of the beneficiary or participant resulting in monetary damages to the judgment creditor. The exemption provided by this subsection shall be in addition to that provided in this chapter.

(2) Any plan or arrangement described in subsection (1) of this section is not exempt from the claims of an alternate payee under a qualified domestic relations order. However, the interest of any alternate payee under a qualified domestic relations order is exempt from all claims of any creditor, other than the department of health and welfare, or the alternate payee. As used in this subsection, the terms "alternate payee" and "qualified domestic relations order" have the meanings ascribed to them in section 414(p) of the internal revenue code of 1986.

(3) The provisions of subsection (1) of this section apply to any proceeding that is filed on or after July 1, 1988.

History:

[(55-1011) 1988, ch. 358, sec. 1, p. 1061; 55-1201A am. and redesignated 55-1011, 1989, ch. 371, sec. 3, p. 937; am. 1999, ch. 337, sec. 1, p. 915.]
Idaho Code § 55-1810 — Idaho Code / Title 55 / Chapter 18 / Section 55-1810
55-1810 RENEWAL REPORT — DUTY TO REPORT CONVICTIONS AND JUDGMENTS.
Status: in_force

55-1810. renewal report — duty to report convictions and judgments. (1) The subdivider shall file a renewal report in the form prescribed by the commission. The renewal report shall reflect any material changes in information contained in the original application for registration. The renewal report must be filed with the renewal application not later than fifteen (15) days before the registration expiration date.

(2) If at any time after filing an initial or renewal application, a subdivider or any of its individual directors, officers, general partners, members, managers or other such principals, is convicted, has a judgment entered against it or is found liable in any court or administrative tribunal for any conduct referenced in section 55-1806 or 55-1815, Idaho Code, the subdivider shall, within thirty (30) days, forward to the commission a copy of the judgment, order or other document evidencing the same.

(3) The commission may initiate a renewal examination of the kind provided in section 55-1808, Idaho Code. If the commission determines that any of the requirements of sections 55-1806 through 55-1808, Idaho Code, have not been met, it shall notify the subdivider that the deficiency must be corrected within twenty (20) days or such other time as allowed by the commission. If the requirements are not met within the time allowed, the commission may, notwithstanding the provisions of section 55-1814, Idaho Code, issue a cease and desist order according to the emergency procedures of chapter 52, title 67, Idaho Code, barring further sales of the subdivided lands.

History:

[55-1810, added 1972, ch. 276, sec. 10, p. 667; am. 2010, ch. 214, sec. 11, p. 475.]
Idaho Code § 55-609 — Idaho Code / Title 55 / Chapter 6 / Section 55-609
55-609 GRANT ON CONDITION PRECEDENT.
Status: in_force

55-609. Grant on condition precedent. An instrument purporting to be a grant of real property, to take effect upon condition precedent, does not pass the estate upon the performance of the condition. Such instrument is an executory contract for the conveyance of the property. Upon compliance with the condition, the grantee is entitled to a grant or conveyance, from the grantor or his successors, for the property, duly acknowledged for record.

History:

[(55-609) R.S., sec. 2932; reen. R.C. & C.L., sec. 3117; C.S., sec. 5381; I.C.A., sec. 54-609.]
Idaho Code § 55-2713 — Idaho Code / Title 55 / Chapter 27 / Section 55-2713
55-2713 NOTICE TO OWNER.
Status: in_force

55-2713. Notice to owner. (1) Any legal owner of a floating home in order to be protected under this section must notify the landlord in writing of his secured or other legal interest.

(2) If the tenant becomes sixty (60) days in arrears in his rent or at the time of the suspected abandonment by the tenant of a moorage site, the landlord shall notify the legal owner of the floating home of his liability for any costs incurred for the floating home site for such floating home, including rent owing. The legal owner shall be responsible for utilities from the date of notice. Any and all costs shall, after the giving of such notice, become the responsibility of the legal owner of the floating home. The floating home may not be removed from the moorage site without a signed written receipt or agreement from the landlord, owner, or manager showing payment of charges due or agreement with the legal owner for removal of the floating home.

History:

[55-2713, added 1998, ch. 194, sec. 1, p. 703.]
Idaho Code § 55-3101 — Idaho Code / Title 55 / Chapter 31 / Section 55-3101
55-3101 LEGISLATIVE FINDINGS.
Status: in_force

55-3101. legislative findings. (1) The public policy of this state favors the transferability of interests in real property free from unreasonable restraints on alienation and covenants or servitudes that do not touch and concern the property.

(2) A transfer fee covenant violates the public policy of this state by impairing the marketability of title to the affected real property and constitutes an unreasonable restraint on alienation, regardless of the duration of the covenant or the amount of the transfer fee set forth in the covenant.

History:

[55-3101, added 2011, ch. 107, sec. 1, p. 273.]
Idaho Code § 55-807 — Idaho Code / Title 55 / Chapter 8 / Section 55-807
55-807 RECORDER'S FEE TO BE ENDORSED ON INSTRUMENT AND RECORD.
Status: in_force

55-807. Recorder's fee to be endorsed on instrument and record. The recorder must in all cases indorse the amount of his fee on the instrument recorded, and on the record thereof.

History:

[(55-807) R.S., sec. 2996; reen. R.C. & C.L., sec. 3155; C.S., sec. 5419; I.C.A., sec. 54-807.]
Idaho Code § 55-107 — Idaho Code / Title 55 / Chapter 1 / Section 55-107
55-107 ALTERNATIVE FUTURE INTERESTS.
Status: in_force

55-107. Alternative future interests. Two (2) or more future interests may be created to take effect in the alternative; so that if the first in order fails to vest, the next in succession shall be substituted for it, and take effect accordingly.

History:

[55-107, added R.S., sec. 2832; reen. R.C. & C.L., sec. 3063; C.S., sec. 5331; I.C.A., sec. 54-107.]
Idaho Code § 55-2003 — Idaho Code / Title 55 / Chapter 20 / Section 55-2003
55-2003 DEFINITIONS.
Status: in_force

55-2003. Definitions. For purposes of this chapter, unless the provisions or context otherwise requires, the following definitions shall govern:

(1) "Abandoned home" means a home that:

(a) Is located in a community on a lot for which no rent has been paid for the preceding sixty (60) days; and

(b) The landlord reasonably believes under all the circumstances, by absence, words or actions, that the resident has left the home upon the lot with no intention of asserting any further claim to the lot or the home; or

(c) Is unoccupied or uninhabitable because of its total or partial destruction.

(2) "Community" means any real property that is rented or held out for rent to others for the placement of two (2) or more homes for the primary purpose of production of income.

(3) "Department" means the Idaho department of transportation.

(4) "Fees" means financial obligations incidental to a resident's tenancy including, but not limited to, charges for late payments, pets, the storage of recreational vehicles and the use of community facilities.

(5) "Home" means a mobile home, a manufactured home or, for purposes of this chapter only, a park model recreational vehicle.

(6) "Landlord" means the owner, lessor, sublessor or operator, or any combination thereof, of a community and includes the agents of the landlord.

(7) "Lot" means a specific area or portion of land in a community for rent, designated and designed to accommodate one (1) home and its appurtenances and intended for the exclusive use as a residence by the approved occupants of that home.

(8) "Manager" means the person in charge of operations or in control of a community, whether or not he or she is the owner. "Manager" includes any company chosen by the landlord to administer or supervise the affairs of the community.

(9) "Manufactured home" or "manufactured house" means a structure as defined in subsection (8) of section 39-4105, Idaho Code.

(10) "Mobile home" means a structure as defined in subsection (9) of section 39-4105, Idaho Code.

(11) "Other charges" means fees, service charges, utility charges or any other financial obligations specified in the rental agreement, but not including rent.

(12) "Park model recreational vehicle" means a vehicle as defined in section 49-117, Idaho Code.

(13) "Recreational vehicle" means a vehicular type unit as defined in subsection (2) of section 39-4201, Idaho Code.

(14) "Rent" means periodic payments to be made in consideration for occupying a lot.

(15) "Rental agreement" means a lease or agreement between the landlord and the resident embodying the terms and conditions concerning the use and occupancy of a lot and includes month to month tenancies that arise out of the expiration of a fixed term rental agreement.

(16) "Resident" means a person lawfully entitled under a rental agreement or lease to occupy a lot in a community to the exclusion of others. "Resident" also means a tenant as that term is defined and used in other applicable state and federal laws.

(17) "Security" or "security deposit" means any refundable money or property given to assure payment or performance under a rental agreement.

(18) "Service charges" means separate charges paid for the use of electrical and gas service improvements that exist at a lot, or for trash removal, sewage and water, or any combination of the foregoing.

(19) "Transient" means a person who rents a lot for a period of less than one (1) month.

(20) "Utility" means a public utility that provides electricity, natural gas, liquefied petroleum gas, cable television, sewer services, garbage collection or water.

History:

[55-2003, added 1980, ch. 177, sec. 1, p. 375; am. 1988, ch. 196, sec. 1, p. 370; am. 2011, ch. 184, sec. 3, p. 523; am. 2017, ch. 134, sec. 10, p. 321.]
Idaho Code § 55-404 — Idaho Code / Title 55 / Chapter 4 / Section 55-404
55-404 PROCEEDS OF SALE — DISBURSEMENT.
Status: in_force

55-404. Proceeds of sale — Disbursement. Except as provided in section 55-405, Idaho Code, the proceeds of said sale shall be applied first to all costs assessed or incurred against the personal property so sold including any storage charges as keepers' fee and expenses of sale incurred by the sheriff or city police department, and the balance of such proceeds, if any, shall be kept by the sheriff or city police department in a separate fund for a period of one (1) year from the date of sale. Any person claiming title to, or ownership of, such proceeds by reason of ownership of such personal property at the time of sale by the sheriff or city police department shall make written application therefor to the sheriff or city police department. If satisfactory proof of such title or ownership is furnished within one (1) year of the receipt of such proceeds, then the said proceeds shall be delivered to the claimant. If no claim and proof is made before the expiration of one (1) year from the receipt of the proceeds, the same shall be paid by the sheriff to the county treasurer or by the city police department to the city clerk who shall credit the same to the general fund of the county or the city, as the case may be, and no claim therefor shall be thereafter considered.

History:

[55-404, added 1957, ch. 131, sec. 2, p. 221; am. 1978, ch. 357, sec. 2, p. 941; am. 2002, ch. 131, sec. 1, p. 362.]
Idaho Code § 55-2014 — Idaho Code / Title 55 / Chapter 20 / Section 55-2014
55-2014 RESIDENT ACTION FOR DAMAGES — SPECIFIC PERFORMANCE.
Status: in_force

55-2014. resident action for damages — Specific performance. (1) A resident of a community may file an action against a landlord for damages and specific performance for:

(a) Failure to maintain in good working order, to the terminal point of service, electrical, water or sewer services supplied by the landlord;

(b) Maintaining the premises in a manner hazardous to the health or safety of the resident, including, but not limited to, a continuing violation of any of the following:

(i) Any rule adopted by the department of environmental quality governing public drinking water systems;

(ii) Any rule adopted by the department of environmental quality governing hazardous waste;

(iii) Any rule adopted by the public health district in which the community is located governing wastewater and onsite sewage treatment systems;

(iv) Any provision of the international fire code, as amended by the provisions of any fire code adopted by the county or municipality in which the community is located;

(v) Any provision of the uniform building code, as amended by the provisions of any building code adopted by the county or municipality in which the community is located.

Nothing contained in the provisions of this subsection is intended to extend the application of any such rule or code provision to a previously existing condition which, as of July 1, 1993, was exempt from the enforcement of such rule or code provision.

(c) Failure to return a security deposit as and when required by law;

(d) Breach of any term or provision of the lease or rental agreement materially affecting the health and safety of the resident, whether explicitly or implicitly a part thereof.

(2) Upon filing the complaint, a summons must be issued, served and returned as in other actions; provided however, that in an action exclusively for specific performance, at the time of issuance of the summons, the court shall schedule a trial within twelve (12) days from the filing of the complaint, and the service of the summons, complaint and trial setting on the defendant shall be not less than five (5) days before the day of trial appointed by the court. If the plaintiff brings an action for damages under this section, or combines this action for damages with an action for specific performance, the early trial provision shall not be applicable, and a summons must be issued returnable as in other cases upon filing the complaint.

(3) In an action under this section, the plaintiff, in his complaint, must set forth the facts on which he seeks to recover, describe the premises, and set forth any circumstances which may have accompanied the failure or breach by the landlord.

(4) If, upon the trial, the verdict of the jury, or, if the case be tried without a jury, the finding of the court, be in favor of the plaintiff against the defendant, judgment shall be entered for such special damages as may be proven. General damages may be awarded but shall not exceed five hundred dollars ($500). Judgment may also be entered requiring specific performance for any breach of agreement shown by the evidence, and for costs and disbursements.

(5) Before a resident shall have standing to file an action under this section, he or she must give his or her landlord three (3) days' written notice, listing each failure or breach upon which his action will be premised and written demand requiring performance or cure. If, within three (3) days after service of the notice, any listed failure or breach has not been performed or cured by the landlord, the resident may proceed to commence an action for damages and specific performance.

(6) The notice required in subsection (5) of this section shall be served either:

(a) By delivering a copy to the landlord or his agent personally; or

(b) If the landlord or his agent is absent from his usual place of business, by leaving a copy with an employee at the usual place of business of the landlord or his agent; or

(c) By sending a copy of the notice to the landlord or his agent by certified mail, return receipt requested.

(7) The landlord is not liable if the maintenance condition was caused by the deliberate or negligent act or omission of the resident, a member of the resident's family or other person on the premises with the resident's consent.

History:

[55-2014, added 1993, ch. 380, sec. 4, p. 1397; am. 2001, ch. 103, sec. 95, p. 334; am. 2002, ch. 86, sec. 11, p. 203; am. 2011, ch. 184, sec. 20, p. 532.]
Idaho Code § 55-1905 — Idaho Code / Title 55 / Chapter 19 / Section 55-1905
55-1905 RECORDS OF SURVEY — FILING.
Status: in_force

55-1905. Records of survey — Filing. The records of survey to be filed under authority of this chapter shall be processed as follows:

(1) The record of survey shall be a map using the same media and copy process as provided in section 50-1304, Idaho Code. The map shall be eighteen (18) inches by twenty-seven (27) inches in size, with a three and one-half (3 1/2) inch margin at the left end for binding, and a one-half (1/2) inch margin on all other edges. No part of the drawing or certificates shall encroach upon the margins. Signatures shall be in reproducible black ink. The sheet or sheets which contain the drawing or diagram representing the survey shall be drawn at a scale suitable to ensure the clarity of all lines, bearings and dimensions. In the event that any survey is of such magnitude that the drawing or diagram cannot be placed on a single sheet, serially numbered sheets shall be prepared and match lines shall be indicated on the drawing or diagram with appropriate references to other sheets.

(2) The original transparency and one (1) legible print of each record of survey shall be furnished to the county recorder in the county or counties in which the survey is to be recorded.

History:

[55-1905, added 1978, ch. 107, sec. 1, p. 222; am. 1997, ch. 190, sec. 18, p. 530; am. 2015, ch. 48, sec. 6, p. 106.]
Idaho Code § 55-2013A — Idaho Code / Title 55 / Chapter 20 / Section 55-2013A
55-2013A COMMUNITY RESIDENT ASSOCIATIONS.
Status: in_force

55-2013A. community resident associations. (1) The residents in a community have the right to organize a resident or homeowner's association to further their mutual interest and to conduct any other business and programs that the association shall determine. Community residents have the right to peacefully assemble and freely associate. Subject to reasonable notice and community facility rules, an association shall have the right to use the facilities of the community to conduct its business and programs including forums for or speeches by public officials or candidates for public office. When an association is organized, it shall notify the landlord.

(2) A community resident association formed for the purpose of purchasing a community may give written notification to the landlord of the association's interest in purchasing the community.

(3) For the purpose of notification, the community resident association shall provide the names and addresses of the three (3) designated members or officers of their community association to the landlord annually.

(4) A community resident association that has provided notification to the landlord, property owner, or agent of its interest to purchase the community may request in writing that it be notified by the landlord, property owner, or agent fifteen (15) days prior to the property owner or agent signing a purchase agreement. The landlord shall provide such notification to the three (3) members designated under subsection (3) of this section.

(5) This section shall not apply to any of the following:

(a) A governmental entity taking by eminent domain;

(b) A forced sale pursuant to foreclosure or a deed given in lieu of foreclosure;

(c) A transfer by gift, devise or operation of law;

(d) A transfer by a corporation to an affiliate;

(e) A conveyance incidental to financing the community;

(f) An exchange of the community for other real property;

(g) A transfer by a partnership to one (1) or more of its partners; or

(h) A sale or transfer to a person who would be an heir, or to a trust the beneficiaries of which would be heirs, of the community owner if the community owner were to die intestate.

History:

[55-2013A, added 1988, ch. 196, sec. 10, p. 374; am. 2011, ch. 184, sec. 19, p. 531; am. 2024, ch. 127, sec. 1, p. 515.]
Idaho Code § 55-309 — Idaho Code / Title 55 / Chapter 3 / Section 55-309
55-309 RIGHT TO LATERAL AND SUBJACENT SUPPORT.
Status: in_force

55-309. Right to lateral and subjacent support. Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjacent land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction, on using ordinary care and skill, and taking reasonable precautions to sustain the land of the other, and giving previous reasonable notice to the other of his intention to make such excavation.

History:

[(55-309) 55-310 R.S., sec. 2884; reen. R.C. & C.L., sec. 3092; C.S., sec. 5360; I.C.A., sec. 54-310; am. and redesig. 2025, ch. 65, sec. 10, p. 314.]
Idaho Code § 55-2516 — Idaho Code / Title 55 / Chapter 25 / Section 55-2516
55-2516 GOOD FAITH REQUIRED.
Status: in_force

55-2516. Good faith required. Each disclosure required in this chapter and each act which may be performed in making the disclosure shall be made in good faith. For the purposes of this chapter, good faith means honesty in fact, in the conduct of the transaction.

History:

[55-2516, added 1994, ch. 366, sec. 1, p. 1178.]
Idaho Code § 55-2518 — Idaho Code / Title 55 / Chapter 25 / Section 55-2518
55-2518 DUTIES OF REAL ESTATE LICENSEES UNCHANGED.
Status: in_force

55-2518. Duties of real estate licensees unchanged. Nothing contained in this chapter shall in any way limit or reduce the duties that a real estate licensee owes to his or her client or to the general public.

History:

[55-2518, added 1994, ch. 366, sec. 1, p. 1179.]
Idaho Code § 55-2004 — Idaho Code / Title 55 / Chapter 20 / Section 55-2004
55-2004 CHAPTER GOVERNS.
Status: in_force

55-2004. Chapter governs. This chapter shall regulate and determine legal rights, remedies and obligations arising from any rental agreement between a landlord and a resident regarding a lot, except in those instances in which: (i) the landlord is renting both the lot and the home to the resident; or (ii) the lot is rented or held out for rent to a recreational vehicle or travel trailer, not including a park model recreational vehicle. All such rental agreements shall be unenforceable to the extent of any conflict with any provision of this chapter. This chapter does not abrogate any rights the landlord or resident has under the laws and constitution of the United States or the state of Idaho.

History:

[55-2004, added 1980, ch. 177, sec. 1, p. 376; am. 1988, ch. 196, sec. 2, p. 370; am. 2011, ch. 184, sec. 4, p. 524; am. 2017, ch. 134, sec. 11, p. 322.]
Idaho Code § 55-2006 — Idaho Code / Title 55 / Chapter 20 / Section 55-2006
55-2006 ADJUSTMENTS TO RENT, SERVICES, UTILITIES OR RULES.
Status: in_force

55-2006. Adjustments to rent, services, utilities or rules. (1) A landlord may increase or decrease rents after expiration of the lease term, but only with ninety (90) days' written notice to the residents. Such written notice shall be sent by first class mail, certified mail or personal delivery.

(2) Rental increases shall be uniform throughout the community. When rents within a community are structured by reason of lot or home size, amenities, lot location or otherwise, rental increases shall be uniform among all homes in the same rent tier.

(3) A landlord shall give written notice of such change to each affected homeowner at least ninety (90) days prior to any amendment to the rental agreement. The landlord may not amend the rental agreement or rules more frequently than once in a six (6) month period.

(4) Rents in communities are governed by the provisions of section 55-306, Idaho Code, which provides that a local governmental unit shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of regulating rent charged for leasing private residential property.

(5) Notwithstanding the foregoing provisions, a rental agreement may include an escalation clause for a pro rata share of any increase or decrease in the community's ad valorem taxes, utility assessments, or other services as included in the monthly rental charge, after the effective date of such a change. Issues of public safety, health or property degradation may also be included in this section. The landlord shall give thirty (30) days' written notice to a resident before such an increase or decrease.

History:

[55-2006, added 1980, ch. 177, sec. 1, p. 376; am. 1988, ch. 196, sec. 4, p. 371; am. 1993, ch. 380, sec. 1, p. 1395; am. 2011, ch. 184, sec. 6, p. 525; am. 2024, ch. 257, sec. 2, p. 897; am. 2025, ch. 65, sec. 15, p. 315.]
Idaho Code § 55-2015 — Idaho Code / Title 55 / Chapter 20 / Section 55-2015
55-2015 RETALIATORY CONDUCT BY LANDLORD PROHIBITED.
Status: in_force

55-2015. Retaliatory conduct by landlord prohibited. The landlord shall not terminate a tenancy, refuse to renew a tenancy, increase rent or decrease services he normally supplies, or threaten to bring an action for repossession of a lot as retaliation against the resident because the resident has:

(1) Complained in good faith about a violation of a building, safety or health code or regulation pertaining to a community to the governmental agency responsible for enforcing the code or regulation.

(2) Complained to the landlord concerning the maintenance or condition of the community, rent charged or rules.

(3) Organized, become a member of or served as an official in a community resident association, or similar organization, at a local, regional, state or national level.

(4) Retained counsel or an agent to represent his interests.

History:

[55-2015, added 1980, ch. 177, sec. 1, p. 379; am. 1988, ch. 196, sec. 12, p. 375; am. 2011, ch. 184, sec. 21, p. 533.]
Idaho Code § 55-806 — Idaho Code / Title 55 / Chapter 8 / Section 55-806
55-806 POWER MUST BE RECORDED BEFORE CONVEYANCE BY ATTORNEY.
Status: in_force

55-806. Power must be recorded before conveyance by attorney. An instrument executed by an attorney in fact must not be recorded until the power of attorney authorizing the execution of the instrument is filed for record in the same office.

History:

[(55-806) R.S., sec. 2995; reen. R.C. & C.L., sec. 3154; C.S., sec. 5418; I.C.A., sec. 54-806.]
Idaho Code § 55-2305 — Idaho Code / Title 55 / Chapter 23 / Section 55-2305
55-2305 LIEN CREATED.
Status: in_force

55-2305. Lien created. The operator of a self-service storage facility, his heirs, executors, administrators, successors, and assigns shall have a lien on all personal property stored within each leased space located at the self-service storage facility for rent, labor, fees, or other charges, present or future, and for expenses reasonably incurred in enforcing the lien. Self-service storage facility liens shall be brought exclusively under the provisions of this chapter. Notwithstanding any other provision of this chapter, the exclusive care, custody, and control of the personal property stored within each leased space remains with the lessee until the property has been sold or disposed of pursuant to this chapter.

History:

[55-2305, added 1990, ch. 381, sec. 1, p. 1056; am. 2020, ch. 144, sec. 3, p. 444.]
Idaho Code § 55-3102 — Idaho Code / Title 55 / Chapter 31 / Section 55-3102
55-3102 DEFINITIONS.
Status: in_force

55-3102. definitions. As used in this section:

(1) "Association" means a nonprofit, mandatory membership organization comprised of owners of homes, condominiums, cooperatives, manufactured homes or any interest in real property, created pursuant to a declaration, covenant or other applicable law.

(2) "Transfer" means the sale, gift, grant, conveyance, assignment, inheritance or other transfer of an interest in real property located in this state.

(3) "Transfer fee" means a fee or charge payable upon the transfer of an interest in real property or payable for the right to make or accept such transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property, the purchase price or other consideration given, but shall not include any tax, assessment, fee or charge imposed by a governmental authority or taxing district pursuant to applicable laws, ordinances or regulations or any obligation imposed by a court order, judgment or decree.

(4) "Transfer fee covenant" means a provision in a document, whether recorded or not and however denominated, which purports to run with the land or bind current owners or successors in title to specified real property located in this state, and which obligates a transferee or transferor of all or part of the property to pay a fee or charge to a third person upon transfer of an interest in all or part of the property, or in consideration for permitting any such transfer. The term "transfer fee covenant" shall not include:

(a) Any provision of a purchase contract, option, mortgage, security agreement, real property listing agreement, lease or other agreement which obligates one (1) party to the agreement to pay the other, as full or partial consideration for the agreement or for a waiver of rights under the agreement, an amount determined by the agreement, if that amount is: (i) payable on a one-time basis only upon the next transfer of an interest in the specified real property and, once paid, shall not bind successors in title to the property; and (ii) constitutes a loan assumption or similar fee charged by a lender holding a lien on the property; or

(b) Any provision in a deed, memorandum or other document recorded for the purpose of providing record notice of an agreement described in paragraph (a) of this subsection; or

(c) Any provision in a mortgage, deed of trust or promissory note secured by a mortgage or deed of trust; or

(d) Any commission payable to a licensed real estate broker for the transfer of real property pursuant to an agreement between the broker and the transferor or transferee; or

(e) Any fee charged that is a typical or common real estate closing cost, including closing or escrow fees, settlement fees, attorney's fees or title insurance premiums and fees; or

(f) Any provision of a document requiring payment of a fee or charge to an association or any entity that operates for the benefit of the association, its members or property of the association or its members to be used exclusively for purposes authorized in the document, so long as no portion of the fee is required to be passed through to a third-party designated or identifiable by description in the document or another document referenced therein; or

(g) Any provision of a document requiring payment of any fee or charge under the housing or financing programs of the Idaho housing and finance association; or

(h) Any provision in any purchase contract, option, mortgage, security agreement, real property listing agreement or lease that obligates one (1) party to the agreement to pay the other consideration for assignment or transfer of the agreement.

History:

[55-3102, added 2011, ch. 107, sec. 1, p. 274.]
Idaho Code § 55-2012 — Idaho Code / Title 55 / Chapter 20 / Section 55-2012
55-2012 IMPROVEMENTS.
Status: in_force

55-2012. Improvements. (1) The landlord shall not restrict the resident's freedom of choice in purchasing goods or services but may reserve the right to approve or disapprove any exterior improvements on a lot. Any request for lot improvements or changes must be submitted in writing. The approval or disapproval must be given in writing, be reasonable and be uniformly applied.

(2) Improvements, except those fixed to the soil, the removal of which would significantly damage the landscape of the lot, shall remain the property of the resident. In removing improvements on termination of the rental agreement, the resident shall leave the lot in better or substantially the same condition as upon taking possession.

History:

[55-2012, added 1980, ch. 177, sec. 1, p. 378; am. 1988, ch. 196, sec. 9, p. 374; am. 2011, ch. 184, sec. 17, p. 531.]
Idaho Code § 55-2511 — Idaho Code / Title 55 / Chapter 25 / Section 55-2511
55-2511 ERRORS, INACCURACIES OR OMISSIONS — LIABILITY OF TRANSFEROR — DELIVERY OF INFORMATION BY PUBLIC AGENCY — DELIVERY BY EXPERTS.
Status: in_force

55-2511. Errors, inaccuracies or omissions — Liability of transferor — Delivery of information by public agency — Delivery by experts. (1) Neither the transferor or transferor's agents shall be liable for any error, inaccuracy or omission of any information delivered pursuant to this chapter if the error, inaccuracy or omission was not within the personal knowledge of the transferor or was based upon information timely provided by public agencies or other persons specified in subsection (3) of this section that is required to be disclosed pursuant to this chapter and ordinary care was exercised in obtaining and transmitting it.

(2) The delivery of any information required to be disclosed by this chapter to a prospective transferee by a public agency or other person providing information required to be disclosed pursuant to this chapter shall be deemed to comply with the requirements of this chapter and shall relieve the transferor or transferor's agent of any further duty under this chapter with respect to that item of information.

(3) The delivery of a report or opinion prepared by any person or professional who has been hired to perform an inspection of the subject property in connection with the proposed sale shall be sufficient compliance for application of the exemption provided in subsection (1) of this section if the information is provided to the prospective transferee pursuant to a request therefore, written or oral. In responding to such a request, an expert may indicate, in writing, an understanding that the information provided will be used in fulfilling the requirements of sections 55-2506 and 55-2507, Idaho Code, and if so, shall indicate the required disclosure or parts thereof to which the information being furnished is applicable. Where such a statement is furnished, the provider shall not be responsible for any items of information or parts thereof other than those expressly set forth in the statement.

History:

[55-2511, added 1994, ch. 366, sec. 1, p. 1177.]
Idaho Code § 55-2009B — Idaho Code / Title 55 / Chapter 20 / Section 55-2009B
55-2009B SALE TO SATISFY LIENS.
Status: in_force

55-2009B. SALE TO SATISFY LIENS. (1) When a home has been abandoned, the landlord, as the possessory lienholder, may proceed to conduct a sale of the abandoned home to satisfy the lien and costs of sale, if an authorization to conduct a lien sale has been issued by the department or a judgment has been entered in favor of the landlord on the claim which gives rise to the lien or the legal owner of the home and any lienholder have signed a release of any interest in the home.

(2) A possessory lienholder may apply to the department for the issuance of an authorization to conduct a lien sale. The application shall include all of the following information:

(a) A description of the abandoned home including the year and make and the vehicle identification number;

(b) The names and addresses of the legal owners of the abandoned home, if known, and the names and addresses of other persons whom the lienholder knows or reasonably should know to claim an interest in the home;

(c) A statement of the amount of the lien and the facts concerning the claim that give rise to the lien; and

(d) A statement that the lienholder has no information or belief that there is a valid defense to the claim that gives rise to the lien.

(3) Upon receipt of an application, the department shall send a copy of the application to the legal owners at their addresses of record with the department and to any other interested persons listed in the application. The department shall also send a notice which shall include the following information:

(a) That an application has been made with the department for the issuance of an authorization to conduct a lien sale;

(b) That the person has a legal right to a hearing in court;

(c) That if a hearing in court is desired, an enclosed declaration of opposition must be signed and returned;

(d) That if the declaration is signed and returned, the possessory lienholder will be allowed to sell the abandoned home only if he obtains a judgment in court or obtains a release from the legal owners;

(e) That the department will issue the authorization to conduct a lien sale unless the person signs and returns the declaration of opposition within ten (10) days after the date the notice was mailed; and

(f) That the person may be liable for costs if the lienholder brings an action and if a judgment is entered in favor of the lienholder.

(4) If the department receives a timely mailed declaration of opposition, it shall notify the possessory lienholder that he or she may not conduct a lien sale unless:

(a) A judgment has been entered in his or her favor on the claim which gives rise to the lien; or

(b) The legal owners of the abandoned home have signed a release of any interest in the home.

(5) An applicant shall include with his application for lien sale a fee of ten dollars ($10.00), which shall be deposited in the abandoned vehicle trust account. The fee shall be recoverable as a cost by the lienholder.

History:

[55-2009B, added 2011, ch. 184, sec. 11, p. 528.]
Idaho Code § 55-1814 — Idaho Code / Title 55 / Chapter 18 / Section 55-1814
55-1814 CEASE AND DESIST ORDERS.
Status: in_force

55-1814. Cease and desist orders. (1) If the commission determines after notice and hearing that a person has:

(a) Violated any provision of this chapter;

(b) Directly or through an agent or employee knowingly engaged in any false, deceptive or misleading advertising, promotional or sales methods to offer or dispose of an interest in subdivided lands;

(c) Made any substantial change in the plan of disposition and development of the subdivided lands subsequent to the order of registration without obtaining prior written approval from the commission;

(d) Disposed of any subdivided lands that have not been registered with the commission; or

(e) Violated any lawful order or rule of the commission;

it may issue an order requiring the person to cease and desist from the unlawful practice and may take such other action as authorized by this chapter.

(2) If the commission makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, such as in the case of the subdivider's failure to maintain the statutory requirements for registration, it may issue a temporary cease and desist order. Prior to issuing the temporary cease and desist order, the commission shall, whenever practicable, by telephone or otherwise, give notice of the petition for a temporary cease and desist order to the person. Every temporary cease and desist order issued shall be promptly served upon the person ordered and shall include the reasons for the order and a provision that, if requested by the person within twenty (20) days of service, the matter will be scheduled for a hearing, which will be held within a reasonable time to determine whether or not the order becomes permanent.

History:

[55-1814, added 1972, ch. 276, sec. 14, p. 667; am. 2010, ch. 214, sec. 15, p. 479.]
Idaho Code § 55-2601 — Idaho Code / Title 55 / Chapter 26 / Section 55-2601
55-2601 SPORT SHOOTING RANGE — LIABILITY FOR NOISE POLLUTION.
Status: in_force

55-2601. Sport shooting range — Liability for noise pollution. (1) Notwithstanding any other provision of law to the contrary, a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range was established, constructed or operated prior to the implementation of any noise control laws, ordinances, rules or regulations, or if the range is in compliance with any noise control laws, ordinances, rules or regulations that applied to the range and its operation at the time of establishment, construction or initial operation of the range subject to the limitations in section 55-2605, Idaho Code.

(2) Rules or regulations adopted by a state or local department or agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this act.

(3) A municipal noise control ordinance may not require or be applied so as to require a sport shooting range to limit or eliminate shooting activities that have occurred on a regular basis at the range prior to the enactment date of the ordinance.

History:

[55-2601, added 1996, ch. 339, sec. 1, p. 1140; am. 2008, ch. 318, sec. 1, p. 879.]
Idaho Code § 55-1106 — Idaho Code / Title 55 / Chapter 11 / Section 55-1106
55-1106 OATH OF APPRAISERS.
Status: in_force

55-1106. Oath of appraisers. The persons appointed, before entering upon the performance of their duties, must take an oath to faithfully perform the same.

History:

[(55-1106) R.S., sec. 3048; reen. R.C. & C.L., sec. 3186; C.S., sec. 5450; I.C.A., sec. 54-1106.]
Idaho Code § 55-2303 — Idaho Code / Title 55 / Chapter 23 / Section 55-2303
55-2303 RESTRICTIONS ON USE OF LEASED SPACE.
Status: in_force

55-2303. Restrictions on use of leased space. (1) An operator may not knowingly permit a leased space to be used for residential purposes.

(2) A lessee may not use a leased space for residential purposes.

History:

[55-2303, added 1990, ch. 381, sec. 1, p. 1056.]
Idaho Code § 55-3005 — Idaho Code / Title 55 / Chapter 30 / Section 55-3005
55-3005 VALIDITY — EFFECT ON OTHER INSTRUMENTS.
Status: in_force

55-3005. Validity — Effect on other instruments. (1) An environmental covenant that complies with this chapter runs with the land.

(2) An environmental covenant that is otherwise effective is valid and enforceable even if:

(a) It is not appurtenant to an interest in real property;

(b) It can be or has been assigned to a person other than the original holder;

(c) It is not of a character that has been recognized traditionally at common law;

(d) It imposes a negative burden;

(e) It imposes an affirmative obligation on a person having an interest in the real property or on the holder;

(f) The benefit or burden does not touch or concern real property;

(g) There is no privity of estate or contract;

(h) The holder dies, ceases to exist, resigns, or is replaced; or

(i) The owner of an interest subject to the environmental covenant and the holder are the same person.

(3) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before July 1, 2006, is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (2) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter does not apply in any other respect to such an instrument.

(4) This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state.

History:

[55-3005, added 2006, ch. 15, sec. 1, p. 37.]
Idaho Code § 55-113 — Idaho Code / Title 55 / Chapter 1 / Section 55-113
55-113 FUTURE INTERESTS NOT DEFEATED.
Status: in_force

55-113. Future interests not defeated. No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger or otherwise.

History:

[(55-113) R.S., sec. 2838; reen. R.C. & C.L., sec. 3069; C.S., sec. 5337; I.C.A., sec. 54-113.]
Idaho Code § 55-1516 — Idaho Code / Title 55 / Chapter 15 / Section 55-1516
55-1516 LIABILITY OF UNIT OWNERS, TENANTS, EMPLOYEES — DUTIES AND POWERS OF OWNERS.
Status: in_force

55-1516. Liability of unit owners, tenants, employees — Duties and powers of owners. All condominium owners, tenants of such owners, employees of owners and tenants, or any other persons that may in any manner use property or any part thereof submitted to the provisions of this act shall be subject to this act and to the declaration and by-laws of the project adopted pursuant to the provisions of this act.

All agreements, decisions and determinations lawfully made by the management body shall be deemed to be binding on all condominium owners and shall inure to the benefit of all such owners.

Each condominium owner and any group of owners shall have standing and authority, unless otherwise provided, to enforce the provisions of the declaration and any recorded by-laws of the project.

History:

[55-1516, added 1965, ch. 225, sec. 16, p. 515.]
Idaho Code § 55-3210 — Idaho Code / Title 55 / Chapter 32 / Section 55-3210
55-3210 FLAGS.
Status: in_force

55-3210. FLAGS. (1) No homeowner's association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits or has the effect of prohibiting the display of:

(a) The flag of the United States of America;

(b) The flag of the state of Idaho;

(c) The POW/MIA flag; or

(d) An official or replica flag of any branch of the United States armed forces.

(2) A homeowner's association may adopt reasonable rules, subject to applicable laws or ordinances:

(a) That require:

(i) The flag of the United States of America and the flag of the state of Idaho to be displayed in accordance with 4 U.S.C. 5 et seq.;

(ii) A flagpole attached to a dwelling or a freestanding flagpole to be constructed of permanent, long-lasting materials with a finish appropriate to the materials used in the construction of the flagpole and harmonious to the dwelling;

(iii) The display of a flag, or the location and construction of the supporting flagpole, to comply with applicable zoning ordinances, easements, and setbacks of record; and

(iv) That a displayed flag and the flagpole on which it is flown be maintained in good condition and that any deteriorated flag or deteriorated or structurally unsafe flagpole be repaired, replaced, or removed;

(b) That regulate the size, number, and location of flagpoles on which flags are displayed, except that the regulation may not prevent the installation or erection of at least one (1) flagpole per property that:

(i) Is not more than twenty (20) feet in height and, subject to applicable zoning ordinances, easements, and setbacks of record, is located in the front yard of the property; or

(ii) Is attached to any portion of a residential structure owned by the member and not maintained by the homeowner's association;

(c) That govern the size of a displayed flag;

(d) That regulate the size, location, and intensity of any lights used to illuminate a displayed flag;

(e) That impose reasonable restrictions to abate noise caused by an external halyard of a flagpole; or

(f) That prohibit a member from locating a displayed flag or flagpole on property that is:

(i) A common area, including a limited common area;

(ii) Owned or maintained by the homeowner's association; or

(iii) Owned in common by the members of the association.

(3) A member who has a front yard and who otherwise complies with any permitted homeowner's association regulation may elect to install a flagpole in accordance with subsection (2)(b) of this section.

(4) A homeowner's association may not remove a flag permitted by subsection (1) of this section from the property of a member or impose any fine or penalty upon the member unless it has first provided the member three (3) days' written notice that specifically identifies the rule and the nature of the violation.

History:

[55-3210, added 2022, ch. 323, sec. 4, p. 1044.]
Idaho Code § 55-206 — Idaho Code / Title 55 / Chapter 2 / Section 55-206
55-206 RULE IN SHELLEY'S CASE ABOLISHED.
Status: in_force

55-206. Rule in Shelley's case abolished. When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate, are the successors or heirs of the body of the owner for life, are entitled to take by virtue of the remainder, so limited to them, and not as mere successors of the owner for life.

History:

[(55-206) R.S., sec. 2855; reen. R.C. & C.L., sec. 3076; C.S., sec. 5344; I.C.A., sec. 54-206.]
Idaho Code § 55-618 — Idaho Code / Title 55 / Chapter 6 / Section 55-618
55-618 INTERNAL ACCESSORY DWELLING UNITS — RESTRICTIVE COVENANTS PROHIBITED.
Status: in_force

55-618. internal accessory dwelling units — restrictive covenants prohibited. (1) On and after July 1, 2023, no restrictive covenant may be entered into that prohibits an internal accessory dwelling unit, as defined in section 55-3212, Idaho Code. Any such covenant is hereby declared to be against public policy and is void and unenforceable. Any person attempting to create or enforce such a covenant shall be liable for any attorney's fees, court costs, and any other damages incurred by the other party. The provisions of this section shall not be construed to protect more than one (1) internal accessory dwelling unit per homestead.

(2) This section does not apply to a restrictive covenant against internal accessory dwelling units entered into prior to July 1, 2023.

History:

[55-618, added 2023, ch. 265, sec. 2, p. 792.]
Idaho Code § 55-2719 — Idaho Code / Title 55 / Chapter 27 / Section 55-2719
55-2719 ATTORNEY'S FEES.
Status: in_force

55-2719. Attorney's fees. In any action brought under the provisions of this chapter, or those of section 6-302 or 6-303, Idaho Code, except in those cases where treble damages are awarded, the prevailing party shall be entitled to an award of attorney's fees.

History:

[55-2719, added 1998, ch. 194, sec. 1, p. 705.]
Idaho Code § 55-913 — Idaho Code / Title 55 / Chapter 9 / Section 55-913
55-913 TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT OR FUTURE CREDITOR.
Status: in_force

55-913. Transfer or obligation voidable as to present or future creditor. (1) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:

(a) With actual intent to hinder, delay, or defraud any creditor of the debtor; or

(b) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:

1. was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or

2. intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.

(2) In determining actual intent under subsection (1)(a) of this section, consideration may be given, among other factors, as to whether:

(a) The transfer or obligation was to an insider;

(b) The debtor retained possession or control of the property transferred after the transfer;

(c) The transfer or obligation was disclosed or concealed;

(d) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;

(e) The transfer was of substantially all the debtor's assets;

(f) The debtor absconded;

(g) The debtor removed or concealed assets;

(h) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;

(i) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;

(j) The transfer occurred shortly before or shortly after a substantial debt was incurred; and

(k) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.

(3) A creditor making a claim under subsection (1) of this section has the burden of proving the elements of the claim by a preponderance of the evidence.

History:

[55-913, added 1987, ch. 202, sec. 2, p. 425; am. 2015, ch. 342, sec. 3, p. 1292.]
Idaho Code § 55-603 — Idaho Code / Title 55 / Chapter 6 / Section 55-603
55-603 EASEMENTS PASS WITH PROPERTY — EASEMENTS IN GROSS OF A COMMERCIAL CHARACTER.
Status: in_force

55-603. Easements pass with property — easements in gross of a commercial character. (1) A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person whose estate is transferred, in the same manner and to the same extent as such property was obviously and permanently used by the person whose estate is transferred, for the benefit thereof, at the time when the transfer was agreed upon or completed.

(2) Easements in gross of a commercial character, whether existing or created in the future, may be transferred, assigned, or conveyed in accordance with the express language of the instrument. As used in this section, "easement in gross of a commercial character" means an easement that is a personal interest in or right to use the land of another:

(a) For the transmission or distribution of water, sewer, natural gas, or petroleum products;

(b) For the provision of telephone or data service;

(c) For the transmission, distribution, or transformation of electricity; or

(d) For purposes of commercial agricultural uses, including without limitation grazing of livestock, farming, and propagation and harvest of timber crops.

History:

[(55-603) R.S., sec. 2926; reen. R.C. & C.L., sec. 3111; C.S., sec. 5375; I.C.A., sec. 54-603; am. 2022, ch. 276, sec. 1, p. 885.]
Idaho Code § 55-101A — Idaho Code / Title 55 / Chapter 1 / Section 55-101A
55-101A “LANDS” DEFINED.
Status: in_force

55-101A. "Lands" defined. Lands are the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock or other substance, and include free or occupied space for an indefinite distance upwards as well as downwards, subject to limitations upon the use of airspace imposed and rights in the use of airspace granted, by law.

History:

[55-101A, added 1965, ch. 104, sec. 1, p. 190.]
Idaho Code § 55-917 — Idaho Code / Title 55 / Chapter 9 / Section 55-917
55-917 DEFENSES, LIABILITY, AND PROTECTION OF TRANSFEREE OR OBLIGEE.
Status: in_force

55-917. Defenses, liability, and protection of transferee or obligee. (1) A transfer or obligation is not voidable under section 55-913(1)(a), Idaho Code, against a person that took in good faith and for a reasonably equivalent value given the debtor or against any subsequent transferee or obligee.

(2) To the extent a transfer is avoidable in an action by a creditor under section 55-916(1)(a), Idaho Code, the following rules apply:

(a) Except as otherwise provided in this section, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (3) of this section, or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against:

(i) The first transferee of the asset or the person for whose benefit the transfer was made; or

(ii) An immediate or mediate transferee of the first transferee other than:

1. A good-faith transferee that took for value; or

2. An immediate or mediate good-faith transferee of a person described in subparagraph (ii)1. of this paragraph.

(b) Recovery pursuant to section 55-916(1)(a) or (2), Idaho Code, of or from the asset transferred or its proceeds, by levy or otherwise, is available only against a person described in paragraph (a)(i) or (ii) of this subsection.

(3) If the judgment under subsection (2) of this section is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.

(4) Notwithstanding voidability of a transfer or an obligation under this act, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to:

(a) A lien on or a right to retain any interest in the asset transferred;

(b) Enforcement of any obligation incurred; or

(c) A reduction in the amount of the liability on the judgment.

(5) A transfer is not voidable under section 55-913(1)(b) or 55-914, Idaho Code, if the transfer results from:

(a) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or

(b) Enforcement of a security interest in compliance with chapter 9, title 28, Idaho Code, other than acceptance of collateral in full or partial satisfaction of the obligation it secures.

(6) A transfer is not voidable under section 55-914(2), Idaho Code:

(a) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made, except to the extent the new value was secured by a valid lien;

(b) If made in the ordinary course of business or financial affairs of the debtor and the insider; or

(c) If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.

(7) A transfer of a charitable contribution to a qualified religious or charitable entity or organization shall not be considered to be a transfer covered by this act for the amount of the contribution that does not exceed fifteen percent (15%) of the gross annual income of the debtor for the year in which the transfer is made, and the transfer is consistent with the practices of the debtor in making charitable contributions.

(8) The following rules determine the burden of proving matters referred to in this section:

(a) A party that seeks to invoke subsection (1), (4), (5) or (6) of this section has the burden of proving the applicability of that subsection;

(b) Except as otherwise provided in paragraphs (c) and (d) of this subsection, the creditor has the burden of proving each applicable element of subsection (2) or (3) of this section;

(c) The transferee has the burden of proving the applicability to the transferee of subsection (2)(a)(ii)1. or 2. of this section; and

(d) A party that seeks adjustment under subsection (3) of this section has the burden of proving the adjustment.

(9) Proof of matters referred to in this section is sufficient if established by a preponderance of the evidence.

History:

[55-917, added 1987, ch. 202, sec. 2, p. 427; am. 2015, ch. 342, sec. 7, p. 1294.]
Idaho Code § 55-2502 — Idaho Code / Title 55 / Chapter 25 / Section 55-2502
55-2502 LEGISLATIVE INTENT.
Status: in_force

55-2502. Legislative intent. In order to promote the public health, safety and welfare and to protect consumers; it is the purpose of the provisions of this chapter to require sellers of residential real property as defined in this chapter to disclose certain defects in the residential real property to a prospective buyer.

History:

[55-2502, added 1994, ch. 366, sec. 1, p. 1173.]
Idaho Code § 55-1526 — Idaho Code / Title 55 / Chapter 15 / Section 55-1526
55-1526 LEGAL DESCRIPTION THAT DESIGNATED ON PLAT OR IN DECLARATION.
Status: in_force

55-1526. Legal description that designated on plat or in declaration. Every deed, contract of sale, lease, mortgage or other instrument may legally describe a condominium by its identifying number, symbol, name or other identification or designation as shown on the plat of record or as shown in the declaration, and every such description shall be deemed good and sufficient for all purposes.

History:

[55-1526, added 1965, ch. 225, sec. 26, p. 515.]
Idaho Code § 55-1521 — Idaho Code / Title 55 / Chapter 15 / Section 55-1521
55-1521 LIBERAL CONSTRUCTION OF DEEDS, DECLARATIONS OR PLANS FOR CONDOMINIUM PROJECTS.
Status: in_force

55-1521. Liberal construction of deeds, declarations or plans for condominium projects. Any deed, declaration or plan for a condominium project shall be liberally construed to facilitate the operation of the project, and provisions thereof shall be presumed to be independent and severable.

History:

[55-1521, added 1965, ch. 225, sec. 21, p. 515.]
Idaho Code § 55-811 — Idaho Code / Title 55 / Chapter 8 / Section 55-811
55-811 RECORD AS NOTICE.
Status: in_force

55-811. Record as notice. Every conveyance of real property acknowledged or proved, and certified, and recorded as prescribed by law, from the time it is filed with the recorder for record, is constructive notice of the contents thereof to subsequent purchasers and mortgag(e)es.

Every conveyance of real property acknowledged or proved, and certified, and recorded as prescribed by law, and which is executed by one who thereafter acquires an interest in said real property by a conveyance which is constructive notice as aforesaid, is, from the time such latter conveyance is filed with the recorder for record, constructive notice of the contents thereof to subsequent purchasers and mortgagees.

History:

[(55-811) 1863, p. 528, sec. 24; R.S., sec. 3000; reen. R.C. & C.L., sec. 3159; C.S., sec. 5423; I.C.A., sec. 54-811; am. 1941, ch. 119, sec. 1, p. 240.]
Idaho Code § 55-1901 — Idaho Code / Title 55 / Chapter 19 / Section 55-1901
55-1901 PURPOSE.
Status: in_force

55-1901. Purpose. The purpose of this chapter is to provide a method for preserving evidence of land surveys by providing for a public record of surveys. The provisions shall be deemed supplementary to existing laws relating to surveys, subdivisions, platting and boundaries.

History:

[55-1901, added 1978, ch. 107, sec. 1, p. 221.]
Idaho Code § 55-1525 — Idaho Code / Title 55 / Chapter 15 / Section 55-1525
55-1525 “BLUE SKY LAW” INAPPLICABLE.
Status: in_force

55-1525. "Blue Sky Law" inapplicable. The provisions of title 26, chapter 18, Idaho Code, shall not apply to the creation, issuance, sale, offer for sale, solicitation of an offer to buy, conveyance, transfer, or other disposition, or encumbrance or other hypothecation, or management, of condominiums or projects created pursuant to this act, or of evidences of membership in or ownership of or stock in any entity created solely to manage the affairs of a project, or to the negotiation or taking of subscriptions in respect of any of the foregoing.

History:

[55-1525, added 1965, ch. 225, sec. 25, p. 515.]
Idaho Code § 55-2001 — Idaho Code / Title 55 / Chapter 20 / Section 55-2001
55-2001 SHORT TITLE.
Status: in_force

55-2001. Short title. This chapter shall be known as and may be cited as the "Manufactured Home Residency Act."

History:

[55-2001, added 1980, ch. 177, sec. 1, p. 375; am. 2011, ch. 184, sec. 2, p. 523.]
Idaho Code § 55-2009E — Idaho Code / Title 55 / Chapter 20 / Section 55-2009E
55-2009E INSPECTION PRIOR TO SALE.
Status: in_force

55-2009E. inspection prior to sale. No lien sale conducted pursuant to this chapter shall be undertaken unless the landlord has permitted access for public inspection of the exterior of the abandoned home for at least one (1) hour prior to the sale. Sealed bids shall not be accepted. The possessory lienholder shall conduct the sale in a commercially reasonable manner.

History:

[55-2009E, added 2011, ch. 184, sec. 14, p. 530.]
Idaho Code § 55-1821 — Idaho Code / Title 55 / Chapter 18 / Section 55-1821
55-1821 SERVICE OF PROCESS.
Status: in_force

55-1821. Service of process. In addition to the methods of service provided for in the Idaho rules of civil procedure and Idaho statutes, service may be made on a person who has filed a consent to service of process by delivering a copy of the process to the office of the commission, but it is not effective unless the plaintiff (which may be the commission in a proceeding instituted by it):

(1) Forthwith sends a copy of the process and of the pleading by certified or registered mail to the defendant or respondent at his last known address; and

(2) The plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any or within such further time as the court allows.

History:

[55-1821, added 1972, ch. 276, sec. 21, p. 667; am. 2010, ch. 214, sec. 22, p. 481.]
Idaho Code § 55-612 — Idaho Code / Title 55 / Chapter 6 / Section 55-612
55-612 COVENANTS IMPLIED FROM GRANT.
Status: in_force

55-612. Covenants implied from grant. From the use of the word "grant" in any conveyance by which an estate of inheritance, possessory right, or fee simple is to be passed, the following covenants, and none other, on the part of the grantor, for himself and his heirs, to the grantee, his heirs and assigns, are implied, unless restrained by express terms contained in such conveyance:

1. That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, or any right, title or interest therein, to any person other than the grantee.

2. That such estate is at the time of the execution of such conveyance free from encumbrances done, made or suffered by the grantor, or any person claiming under him. Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.

History:

[(55-612) 1863, p. 528, sec. 50; R.S., sec. 2935; reen. R.C. & C.L., sec. 3120; C.S., sec. 5384; I.C.A., sec. 54-612.]
Idaho Code § 55-2714 — Idaho Code / Title 55 / Chapter 27 / Section 55-2714
55-2714 TENANT ACTION FOR DAMAGES — SPECIFIC PERFORMANCE.
Status: in_force

55-2714. Tenant action for damages — Specific performance. (1) A tenant of a floating home marina may file an action against a landlord for damages and specific performance for:

(a) Failure to maintain in good working order, to the terminal point of service, electrical, water or sewer services supplied by the landlord;

(b) Maintaining those portions of the premises open to use by the tenant in a manner hazardous to the health or safety of the tenant including, but not limited to, a continuing violation of any of the following:

(i) Any rule adopted by the department of environmental quality governing public drinking water systems;

(ii) Any rule adopted by the department of environmental quality governing hazardous waste;

(iii) Any rule adopted by the public health district in which the floating home marina is located governing wastewater and on-site sewage treatment systems;

(iv) Any provisions of the international fire code, as amended by the provisions of a fire code adopted by the county or municipality in which the floating home marina is located;

(v) Any provisions of the uniform building code, as amended by the provisions of any building code adopted by the state, county or municipality in which the floating home marina is located.

(c) Material breach of any specific term of a rental agreement.

(2) Upon filing the complaint, a summons must be issued, served and returned as in other actions. Provided however, that in an action exclusively for specific performance, at the time of issuance of the summons, the court shall schedule a trial within twelve (12) days from the filing of the complaint, and the service of the summons, complaint and trial setting on the defendant shall be not less than five (5) days before the day of trial appointed by the court. If the plaintiff brings an action for damages with an action for specific performance, the early trial provision shall not be applicable, and a summons must be issued returnable as in other cases upon filing the complaint.

(3) In an action under this section, the plaintiff, in his complaint, must set forth facts on which he seeks to recover, describe the premises, and set forth any circumstances which may have accompanied the failure or breach by the landlord.

(4) If upon the trial, the verdict of the jury, or, if the case be tried without a jury, the finding of the court, be in favor of the plaintiff against the defendant, judgment shall be entered for such special damages as may be proven. General damages may be awarded but shall not exceed five hundred dollars ($500). Judgment may also be entered requiring specific performance for any breach of agreement shown by the evidence and for costs and disbursements.

(5) Before a tenant shall have standing to file an action under this section, he must give his landlord three (3) days' written notice, listing each failure or breach upon which his action will be premised and written demand requiring performance or cure. If, within three (3) days after service of the notice, any listed failure or breach has not been performed or cured by the landlord, or in the event of damage to the premises or other default not capable of cure within three (3) days and the landlord has not provided written assurance to the tenant that a cure will be effected within a reasonable time, the tenant may proceed to commence an action for damages and specific performance.

(6) The notice required in subsection (5) of this section shall be served either:

(a) By delivering a copy to the landlord or his agent personally; or

(b) By leaving a copy with an employee at the usual place of business of the landlord or his agent if the landlord or his agent is absent from his usual place of business; or

(c) By sending a copy of the notice to the landlord or his agent by certified mail, return receipt requested.

(7) Nothing in this section shall bar either the landlord or the tenant from bringing such civil action for relief to which said party is otherwise entitled.

History:

[55-2714, added 1998, ch. 194, sec. 1, p. 703; am. 2001, ch. 103, sec. 96, p. 335; am. 2002, ch. 86, sec. 12, p. 204.]
Idaho Code § 55-2212 — Idaho Code / Title 55 / Chapter 22 / Section 55-2212
55-2212 WAIVER PERMITTED BY OWNER OF UNDERGROUND FACILITY.
Status: in_force

55-2212. Waiver permitted by owner of underground facility. The notification and marking provisions of this chapter may be waived for one or more designated persons by an underground facility owner with respect to all or part of that underground facility owner's own underground facilities.

History:

[(55-2212) 55-2210, added 1990, ch. 351, sec. 1, p. 944; am. and redesig. 2016, ch. 325, sec. 12, p. 904.]
Idaho Code § 55-615 — Idaho Code / Title 55 / Chapter 6 / Section 55-615
55-615 SOLAR EASEMENTS.
Status: in_force

55-615. Solar easements. (1) An easement, as defined in section 50-1301, Idaho Code, may be obtained for the purpose of exposure of a solar energy device to sunlight. Such easement shall be known as a solar easement, shall be created in writing, and shall be subject to the same conveyancing and instrument recording requirements as other easements.

(2) Any instrument creating a solar easement shall include, but the contents shall not be limited to:

(a) The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement;

(b) Any terms or conditions or both under which the solar easement is granted or will be terminated;

(c) Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement.

(3) A solar easement shall be presumed to be attached to the real property on which it was first created, and shall be deemed to pass with the property when title is transferred to another owner as prescribed in section 55-603, Idaho Code.

History:

[55-615, added 1978, ch. 294, sec. 1, p. 741.]
Idaho Code § 55-1513 — Idaho Code / Title 55 / Chapter 15 / Section 55-1513
55-1513 ACTIONS BY MANAGEMENT ON BEHALF OF TWO OR MORE OWNERS.
Status: in_force

55-1513. Actions by management on behalf of two or more owners. Without limiting the rights of any condominium owner, actions may be brought by the management body on behalf of two (2) or more of the condominium owners with respect to any cause of action relating to the common areas or more than one (1) unit.

History:

[55-1513, added 1965, ch. 225, sec. 13, p. 515.]
Idaho Code § 55-505 — Idaho Code / Title 55 / Chapter 5 / Section 55-505
55-505 TRANSFER IN WRITING — HOW DESIGNATED.
Status: in_force

55-505. Transfer in writing — How designated. A transfer in writing is called a grant, or conveyance, or bill of sale.

History:

[(55-505) R.S., sec. 2904; reen. R.C. & C.L., sec. 3101; C.S., sec. 5369; I.C.A., sec. 54-505.]
Idaho Code § 55-818 — Idaho Code / Title 55 / Chapter 8 / Section 55-818
55-818 RECORDING OF SUMMARY OF INSTRUMENT — EFFECT.
Status: in_force

55-818. Recording of summary of instrument — Effect. A summary of any instrument creating an interest in, or affecting the title to or possession of real property, may be recorded under this chapter or the laws of this state if the requirements of this section are substantially met. A summary of the instrument shall be signed and acknowledged by all parties to the original instrument. The summary of the instrument shall clearly state: the names of the parties to the original instrument, the complete mailing address of the grantee, the title and date of the instrument, a description of the interest or interests in real property created by the instrument, and the legal description of the property. Other elements of transaction may be stated in the summary. If the requirements of this section are met, the summary of the instrument may be recorded under the provisions of this chapter and, as to the contents of the summary only, it shall have the same force and effect as if the original instrument had been recorded, and constructive notice shall be deemed to be given concerning the contents of the summary and the existence of the instrument to any subsequent purchasers, mortgagees or other persons or entities that acquire an interest in the real property.

History:

[55-818, added 1987, ch. 353, sec. 1, p. 786; am. 1989, ch. 105, sec. 2, p. 238.]
Idaho Code § 55-315 — Idaho Code / Title 55 / Chapter 3 / Section 55-315
55-315 ACTION BY REVERSIONERS.
Status: in_force

55-315. Action by reversioners. A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and he has no interest in the property at the commencement of the action.

History:

[(55-315) 55-306; R.S., sec. 2880; reen. R.C. & C.L., sec. 3088; C.S., sec. 5356; I.C.A., sec. 54-306; am. and redesig. 2025, ch. 65, sec. 5, p. 313.]
Idaho Code § 55-2013 — Idaho Code / Title 55 / Chapter 20 / Section 55-2013
55-2013 DEPOSITS — SECURITY.
Status: in_force

55-2013. Deposits — Security. (1) Any payment, deposit, fee or other charge which is required by the landlord in addition to periodic rent, utility charges or service fees, and is collected as prepaid rent or a sum to compensate for any resident default is a deposit governed by the provisions of this section.

(2) The landlord shall maintain a separate record of the deposits.

(3) Upon termination of the landlord's interest in the community, the landlord shall either transfer to his successor in interest that portion of the deposit remaining after making any deductions allowed under this section or return such portion to the resident.

(4) The claim of the resident to any deposit to which he is entitled by law takes precedence over the claims of any other creditor of the landlord.

History:

[55-2013, added 1980, ch. 177, sec. 1, p. 378; am. 2011, ch. 184, sec. 18, p. 531.]
Idaho Code § 55-1506 — Idaho Code / Title 55 / Chapter 15 / Section 55-1506
55-1506 ADMINISTRATION — BY-LAWS — ARTICLES OF INCORPORATION — RECORDATION REQUIRED TO MODIFY OR AMEND.
Status: in_force

55-1506. Administration — By-laws — Articles of incorporation — Recordation required to modify or amend. Except when a domestic corporation has been formed and is designated in the declaration to serve as a management body and to administer the project, the administration of every project shall be governed by by-laws, which may either be embodied in the declaration or in a separate instrument which shall be recorded with the declaration. When a domestic corporation is so formed and designated the owner or owners shall append to and record with the declaration a certified copy of its articles of incorporation from which it must appear (a) that the purpose for which such corporation was formed and its powers are consistent with the provisions of this act and (b) that the members or stockholders of the corporation must be and remain owners of condominiums within the said project and include all owners of condominiums within the project. When a corporate organization is so utilized, the administration of the project need not be governed by by-law provisions hereinafter set forth but shall be subject to the law of corporations. No modification or amendment of the declaration, of such articles or of recorded by-laws shall be effective until the same is recorded in the county where the original document was first recorded.

History:

[55-1506, added 1965, ch. 225, sec. 6, p. 515.]
Idaho Code § 55-2309 — Idaho Code / Title 55 / Chapter 23 / Section 55-2309
55-2309 ACCESS RESTRICTION.
Status: in_force

55-2309. Access Restriction. The operator has the right to deny the lessee access to the leased space by overlocking or other means if:

(1) The rent or other charges due from the lessee are delinquent and unpaid;

(2) The leased space is being used for residential or other unlawful purposes; or

(3) The lessee fails to vacate the leased space after the rental agreement is terminated or not renewed in accordance with its terms.

History:

[55-2309, added 2020, ch. 144, sec. 6, p. 446; am. 2024, ch. 244, sec. 5, p. 869.]
Idaho Code § 55-1009 — Idaho Code / Title 55 / Chapter 10 / Section 55-1009
55-1009 JUDGMENT AGAINST HOMESTEAD OWNER — LIEN ON EXCESS VALUE OF HOMESTEAD PROPERTY.
Status: in_force

55-1009. Judgment against homestead owner — Lien on excess value of homestead property. A judgment against the owner of a homestead shall become a lien on the value of the homestead property in excess of the homestead exemption from the time the judgment creditor records the judgment with the recorder of the county where the property is located.

History:

[55-1009, added 1989, ch. 371, sec. 2, p. 936.]
Idaho Code § 55-2903 — Idaho Code / Title 55 / Chapter 29 / Section 55-2903
55-2903 DEFINITIONS.
Status: in_force

55-2903. Definitions. When used in this act:

(1) "Antenna" means any array of wires, tubing or similar materials used for the transmission and reception of radio waves.

(2) "Antenna support structure" or "tower" means a structure or framework that is designed to elevate an antenna above the ground for the purpose of increasing the effective communications range and reliability of an amateur radio station.

(3) "Amateur radio" means the use of amateur and amateur-satellite radio frequencies and services used by licensed, qualified persons of any age who are interested in radio technique without pecuniary remuneration. These services present an opportunity for public service, emergency communications, self-training, intercommunication and technical investigations.

(4) "Amateur radio operator" means any person who has been duly examined and licensed by the federal communications commission or its designee for the operation of transmitting and receiving apparatus on radio frequencies internationally agreed upon for the use of the amateur radio service.

(5) "Local unit of government" means a county, city or town.

History:

[55-2903, added 2001, ch. 316, sec. 1, p. 1126.]
Idaho Code § 55-1502 — Idaho Code / Title 55 / Chapter 15 / Section 55-1502
55-1502 PURPOSE — PUBLIC POLICY.
Status: in_force

55-1502. Purpose — Public policy. Whereas, the availability of more adequate financing for construction, land development and improvement, and business expansion is beneficial and advantageous to the development of the state of Idaho and in the public interest, and, whereas, the condominium estate is a concept of holding property, which concept should be clarified in the state of Idaho to permit and facilitate the construction and development of condominiums and condominium projects, together with the financing of the same;

Now, therefore, the condominium estate in property is hereby declared to be a lawful estate in property and consistent with the public policy of the state of Idaho.

History:

[55-1502, added 1965, ch. 225, sec. 2, p. 515.]
Idaho Code § 55-2404 — Idaho Code / Title 55 / Chapter 24 / Section 55-2404
55-2404 VIOLATIONS.
Status: in_force

55-2404. Violations. (1) Any contractor or agent thereof violating the provisions of this chapter shall be subject to a civil penalty of not more than five hundred dollars ($500) to be imposed by the court in favor of the state and deposited in the state general account.

(2) If a violation of the provisions of this chapter results in physical or electrical contact with any high voltage overhead line, the contractor committing the violation shall be liable to the public utility owning or operating the high voltage overhead line for all damages to the facilities and all costs and expenses, including damages to third persons, incurred by the public utility as a result of the contact.

(3) County prosecuting attorneys and the attorney general are authorized to prosecute violations of the provisions of this chapter.

History:

[55-2404, added 1992, ch. 177, sec. 1, p. 561.]
Idaho Code § 55-1522 — Idaho Code / Title 55 / Chapter 15 / Section 55-1522
55-1522 RULE AGAINST PERPETUITIES AND UNREASONABLE RESTRAINTS ON ALIENATION INAPPLICABLE.
Status: in_force

55-1522. Rule against perpetuities and unreasonable restraints on alienation inapplicable. It is expressly provided that the rule of property known as the rule against perpetuities and the rule of property known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any of the provisions of this act or any condition, conveyance or inheritance consistent herewith.

History:

[55-1522, added 1965, ch. 225, sec. 22, p. 515.]
Idaho Code § 55-803 — Idaho Code / Title 55 / Chapter 8 / Section 55-803
55-803 UNITED STATES PATENTS.
Status: in_force

55-803. United States patents. Letters patent and all other instruments that evidence or affect title to real property, geothermal resources, or minerals including, but not limited to, oil and gas, in this state issued by the United States, executed pursuant to existing law, may be recorded without further proof.

History:

[(55-803) R.S., sec. 2992; reen. R.C. & C.L., sec. 3151; C.S., sec. 5415; I.C.A., sec. 54-803; am. 1981, ch. 59, sec. 1, p. 88.]
Idaho Code § 55-304 — Idaho Code / Title 55 / Chapter 3 / Section 55-304
55-304 CHANGE IN TERMS OF LEASE — NOTICE.
Status: in_force

55-304. Change in terms of lease — Notice. (1) In all leases of lands or tenements, or of any interest therein from month to month, the landlord may, upon giving notice in writing at least fifteen (15) days before the expiration of the month, change the terms of the lease to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish, as a part of the lease, the terms, rent and conditions specified in the notice if the tenant shall continue to hold the premises after the expiration of the month.

(2) Notwithstanding subsection (1) of this section, in all leases of residential property, or of any interest therein, the landlord shall provide the tenant written notice of any increase in the amount of rent charged or of the landlord's intention of nonrenewal of the lease at least thirty (30) days before:

(a) Such nonrenewal of the lease; or

(b) Such increase in the amount of rent charged is intended to take effect.

History:

[(55-304) 55-307, R.S., sec. 2881; reen. R.C. & C.L., sec. 3089; C.S., sec. 5357; am. 1990, ch. 185, sec. 1, p. 414; am. 2020, ch. 254, sec. 1, p. 740; am. 2024, ch. 257, sec. 1, p. 896; am. and redesig. 2025, ch. 65, sec. 7, p. 313.]
Idaho Code § 55-111 — Idaho Code / Title 55 / Chapter 1 / Section 55-111
55-111 NO RULE AGAINST PERPETUITIES.
Status: in_force

55-111. No rule against perpetuities. There shall be no rule against perpetuities applicable to real or personal property.

History:

[(55-111) R.S., sec. 2836; reen. R.C. & C.L., sec. 3067; C.S., sec. 5335; I.C.A., sec. 54-111; am. 1957, ch. 54, sec. 1, p. 92; am. 2008, ch. 77, sec. 1, p. 204.]
Idaho Code § 55-506 — Idaho Code / Title 55 / Chapter 5 / Section 55-506
55-506 WORDS OF INHERITANCE NOT REQUIRED.
Status: in_force

55-506. Words of inheritance not required. Words of inheritance or succession are not requisite to transfer a fee in real property.

History:

[(55-506) 1863, p. 528, sec. 43; R.S., sec. 2905; reen. R.C. & C.L., sec. 3102; C.S., sec. 5370; I.C.A., sec. 54-506.]
Idaho Code § 55-405 — Idaho Code / Title 55 / Chapter 4 / Section 55-405
55-405 FOUND PERSONAL PROPERTY.
Status: in_force

55-405. Found personal property. (1) Notwithstanding any other provision of law, any person who finds money or goods valued at one hundred dollars ($100) or more, excepting firearms, explosives or other deadly weapons as identified in chapter 33, title 18, Idaho Code, shall, if the owner of the money or goods is unknown, give written notice of the finding within ten (10) days to the county clerk of the county in which the money or goods were found. Within twenty (20) days after the date of the finding, the person who finds such money or goods shall cause to be published in a newspaper of general circulation in the county a notice of the finding once each week for two (2) consecutive weeks. Each such notice shall state:

(a) A general description of the money or goods found;

(b) The address and telephone number of the county clerk's office; and

(c) The final date by which such money or goods must be claimed.

(2) If no person establishes ownership of the money or goods prior to the expiration of three (3) months from the date of the notice to the county clerk, as provided in subsection (1) of this section, the person who found such money or goods shall be the rightful owner thereof.

(3) (a) If any person who finds money or goods valued at one hundred dollars ($100) or more, excepting firearms, explosives or other deadly weapons as identified in chapter 33, title 18, Idaho Code, fails to comply with the provisions of subsection (1) of this section, such person shall be liable to the county for the money or goods or for the value of such money or goods.

(b) Upon forfeiture of the money or goods, or the value of such money or goods, as provided in this subsection, the county treasurer shall hold the money or goods or their value for the owner and shall publish in a newspaper of general circulation in the county a notice of the finding once each week for two (2) consecutive weeks. Each such notice shall state:

(i) A general description of the money or goods found;

(ii) The address and telephone number of the county treasurer's office; and

(iii) The final date by which such money or goods must be claimed.

(c) If the owner does not reclaim the money or goods within three (3) months after the date of first publication of the notice by the county treasurer, the owner forfeits any rights to the money or goods or the value thereof and:

(i) If money, such money shall be placed in the general fund of the county for payment of the general operating expenses of the county; or

(ii) If goods, such goods shall be delivered to the sheriff of the county and sold at public auction as provided in section 55-403, Idaho Code. The proceeds of the sale of such goods shall be applied first to the costs of the sale and the remainder shall be placed in the general fund of the county for the payment of the general operating expenses of the county.

(4) An owner of money or goods found by another person who establishes a claim to such money or goods within the time period specified in this section shall have restitution of such money or goods, or their value, upon payment to the finder or the county treasurer, as applicable, of all costs and charges incurred in the finding, giving of notice, and care and custody of such money or goods.

(5) Nothing in this section shall be construed to affect the provisions of chapter 5, title 14, Idaho Code.

History:

[55-405, added 2002, ch. 131, sec. 2, p. 362.]
Idaho Code § 55-1702 — Idaho Code / Title 55 / Chapter 17 / Section 55-1702
55-1702 IDAHO PLANE COORDINATE SYSTEM.
Status: in_force

55-1702. IDAHO PLANE COORDINATE SYSTEM. (1) The board shall, by rule, provide and prescribe the information that defines the currently accepted system of plane coordinates of the IPCS.

(2) The most recent system of plane coordinates that has been established by the NGS based on the NSRS, adopted by the board, and designated as the SPCS for defining and stating the positions or locations of points within the state of Idaho shall be known as the "Idaho plane coordinate system."

(3) Coordinates established or determined under previously defined systems may be used, provided identifying information is included in the document containing the coordinates.

(4) Coordinates derived by transformation from a prior system of plane coordinates shall be qualified as such in the document containing the coordinates. Such document shall also provide:

(a) Identifying information of the prior system and the system translated to, together with a statement of the method of translation;

(b) The type of transformation and parameters used and identifying information of the system translated to; or

(c) Other metadata sufficient to translate coordinates between the original and destination systems.

History:

[55-1702, added 2021, ch. 174, sec. 5, p. 484.]
Idaho Code § 55-1509 — Idaho Code / Title 55 / Chapter 15 / Section 55-1509
55-1509 GRANT — PHYSICAL BOUNDARIES OF UNITS — INCIDENTS EXCLUDED — COMMON AREAS — DECORATING RIGHTS OF OWNER.
Status: in_force

55-1509. Grant — Physical boundaries of units — Incidents excluded — Common areas — Decorating rights of owner. Unless otherwise expressly provided in the declaration, deeds, plat or plats, the incidents of a condominium grant are as follows:

(a) The physical boundaries of the unit are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the unit includes both the portions of the building so described and the airspace so encompassed. The following are not part of the unit: bearing walls, columns, floors, roofs, foundations, elevator equipment and shafts, central heating, central refrigeration and central air-conditioning equipment, reservoirs, tanks, pumps and other central services, pipes, ducts, flues, chutes, conduits, wires and other utility installations, wherever located, except the outlets thereof when located within the unit. In interpreting the declaration, plat or plats, and deeds, the existing physical boundaries of the unit as originally constructed or as reconstructed in lieu thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed or depicted in the declaration, plat or plats, or deed, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown in the declaration, plat or plats, or deed, and the actual boundaries of units in the building.

(b) The common areas are owned by the owners of the condominiums as their interests appear and are set forth in the declaration pursuant to section 55-1505(1)(c).

(c) A nonexclusive right of ingress, egress and support through the common areas is appurtenant to each unit and the common areas are subject to such rights.

(d) Each condominium owner shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise maintain, refinish, and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his own unit, and the interior thereof.

History:

[55-1509, added 1965, ch. 225, sec. 9, p. 515.]
Idaho Code § 55-1819 — Idaho Code / Title 55 / Chapter 18 / Section 55-1819
55-1819 CIVIL REMEDY.
Status: in_force

55-1819. Civil remedy. (1) Every disposition made in violation of any of the provisions of this chapter, or of any order issued by the commission under any of the provisions of this chapter, shall be voidable at the election of the purchaser. The person making such disposition, and every director, officer, salesperson or agent of or for such person who shall have participated or aided in any way in making such disposition, shall be jointly and severally liable to such purchaser in any action at law in any court of competent jurisdiction for the consideration paid for the lot, parcel, unit or interest, together with interest at the rate of six percent (6%) per year from the date of payment, property taxes and assessments paid, court costs and reasonable attorney's fees, less the amount of any income received from the subdivided lands, upon tender of appropriate instruments of reconveyance made at any time before the entry of judgment. If the purchaser no longer owns the lot, parcel, unit or interest in subdivided lands, he may recover the amount that would be recoverable upon a tender of a reconveyance less the value of the land when disposed of and less interest at the rate of six percent (6%) per year on that amount from the date of disposition.

(2) No action shall be brought under this section for the recovery of the consideration paid after five (5) years from the date of such disposition.

(3) Any stipulation or provision purporting to bind any person acquiring subdivided lands to waive compliance with this chapter or any rule or order under it is void.

(4) The rights and remedies provided by this chapter shall be in addition to any and all other rights and remedies that may exist at law or in equity.

History:

[55-1819, added 1972, ch. 276, sec. 19, p. 667; am. 2010, ch. 214, sec. 19, p. 480.]
Idaho Code § 55-3203 — Idaho Code / Title 55 / Chapter 32 / Section 55-3203
55-3203 DEFINITIONS.
Status: in_force

55-3203. DEFINITIONS. As used in this chapter:

(1) "Board" means the entity that has the duty of governing the homeowner's association and may be referred to as a board of directors, executive board, or any other such similar name.

(2) "Community manager" means a person or agent who provides for or otherwise engages in the management of a common interest community or the management of a homeowner's association.

(3) "Declarant" means an individual or entity filing a declaration in association with a residential subdivision.

(4) "Declaration" means an instrument filed in the real property records of a county that includes restrictive covenants governing a residential subdivision.

(5) "Financial disclosure" means the accounting records of the organization that are kept, disclosed, and made available for inspection in accordance with part 11, chapter 30, title 30, Idaho Code, and the governing documents of the homeowner's association.

(6) "Governing documents" means a written instrument by which the homeowner's association may exercise powers or manage, maintain, or otherwise affect the property under the jurisdiction of the homeowner's association. Governing documents includes but is not limited to articles of incorporation, bylaws, a plat, rules of the homeowner's association, and any declaration of covenants, conditions, and restrictions.

(7)(a) "Homeowner's association" means any incorporated or unincorporated residential association:

(i) In which membership is based on owning or possessing an interest in real property; and

(ii) That has the authority, pursuant to recorded covenants, bylaws, or other governing documents, to assess and record liens against the real property of its members.

(b) "Homeowner's association" includes the following persons who may or may not be members of a homeowner's association or serve on the board of a homeowner's association:

(i) A community manager pursuant to a contract with a homeowner's association; and

(ii) An agent or person with explicit or apparent authority to act on behalf of a homeowner's association.

(8) "Member" or "membership" means any person or entity owning or possessing an interest in residential real property or a lot within the physical boundaries of an established homeowner's association.

(9) "Owner" means a person who holds record title to property in a residential subdivision and includes an agent of a person who holds record title to property in a residential subdivision.

(10) "Transfer fee" means a fee, charge, or assessment, as that term is described in chapter 31, title 55, Idaho Code, charged by the homeowner's association and payable to the homeowner's association upon the transfer of an interest in real property that is under the jurisdiction of the homeowner's association.

History:

[55-3203, added 2022, ch. 323, sec. 4, p. 1039; am. 2024, ch. 162, sec. 1, p. 618; am. 2024, ch. 214, sec. 1, p. 759; am. 2025, ch. 204, sec. 2, p. 926; am. 2025, ch. 211, sec. 23, p. 993; am. 2026, ch. 251, sec. 23, p. 1077.]
Idaho Code § 55-2602 — Idaho Code / Title 55 / Chapter 26 / Section 55-2602
55-2602 SPORT SHOOTING RANGE — NUISANCE ACTION — LIMITATIONS.
Status: in_force

55-2602. Sport shooting range — Nuisance action — Limitations. (1) Except as provided in this section, a person may not maintain a nuisance action for noise against a shooting range located in the vicinity of that person's property if the shooting range was established as of the date the person acquired the property. If there is a substantial change in use of the range after the person acquires the property, the person may maintain a nuisance action if the action is brought within three (3) years from the beginning of the substantial change.

(2) A person who owns property in the vicinity of a shooting range that was established after the person acquired the property may maintain a nuisance action for noise against that shooting range only if the action is brought within five (5) years after establishment of the range or three (3) years after a substantial change in use of the range.

(3) If there has been no shooting activity at a range for a period of three (3) years, resumption of shooting is considered establishment of a new shooting range for purposes of this section.

History:

[55-2602, added 1996, ch. 339, sec. 1, p. 1140.]
Idaho Code § 55-2512 — Idaho Code / Title 55 / Chapter 25 / Section 55-2512
55-2512 INFORMATION SUBSEQUENTLY RENDERED INACCURATE — REQUIRED INFORMATION UNKNOWN OR NOT AVAILABLE.
Status: in_force

55-2512. Information subsequently rendered inaccurate — Required information unknown or not available. If information disclosed in accordance with this chapter is subsequently rendered inaccurate as a result of any act, occurrence or agreement subsequent to the delivery of the required disclosures, the inaccuracy resulting therefrom does not constitute a violation of this chapter. If at the time the disclosures are required to be made, an item of information required to be disclosed is unknown or not available to the transferor, and the transferor's agent has made a reasonable effort to ascertain it, the transferor may use an approximation of the information provided the approximation is clearly identified as such, is reasonable, is based on the best information available to the transferor or transferor's agent and is not used for the purpose of circumventing or evading this chapter.

History:

[55-2512, added 1994, ch. 366, sec. 1, p. 1177.]
Idaho Code § 55-2515 — Idaho Code / Title 55 / Chapter 25 / Section 55-2515
55-2515 RESCISSION BY TRANSFEREE.
Status: in_force

55-2515. Rescission by transferee. Subject to section 55-2504, Idaho Code, if a transferee of residential real property receives a property disclosure form or an amendment of that form as described in section 55-2508, Idaho Code, after the transferee has entered into a transfer agreement with respect to the property, the transferee, after his receipt of the form or amendment may rescind the transfer agreement in a written, signed and dated document that is delivered to the transferor or his agents in accordance with section 55-2510, Idaho Code. Transferee's rescission must be based on a specific objection to a disclosure in the disclosure statement. The notice of rescission shall specifically identify the disclosure objected to by the transferee. Transferee incurs no legal liability to the transferor because of the rescission including, but not limited to, a civil action for specific performance of the transfer agreement. Upon the rescission of the transfer agreement the transferee is entitled to the return of, and the transferor shall return, any deposits made by the transferee in connection with the proposed transfer of the residential real property.

Subject to the provisions of section 55-2505, Idaho Code, a rescission of a transfer agreement may only occur if the transferee's written, signed and dated document of rescission is delivered to the transferor or his agent or subagent within three (3) business days following the date on which the transferee or his agent receives the property disclosure form prescribed under section 55-2508, Idaho Code. If no signed notice of rescission is received by the transferor within the three (3) day period, transferee's right to rescind is waived.

History:

[55-2515, added 1994, ch. 366, sec. 1, p. 1178; am. 1997, ch. 229, sec. 5, p. 670.]
Idaho Code § 55-1403 — Idaho Code / Title 55 / Chapter 14 / Section 55-1403
55-1403 DISPOSITION OF PROCEEDS.
Status: in_force

55-1403. Disposition of proceeds. If the owner or his agent fails to demand such surplus within sixty (60) days of the time of such sale, then it must be paid into the county treasury, subject to the order of the owner.

History:

[(55-1403) R.S., sec. 1162; reen. R.C. & C.L., sec. 1548; C.S., sec. 2584; I.C.A., sec. 54-1403.]
Idaho Code § 55-1907 — Idaho Code / Title 55 / Chapter 19 / Section 55-1907
55-1907 COORDINATES — BASIS.
Status: in_force

55-1907. Coordinates — Basis. When coordinates in the Idaho coordinate system are shown on a record of survey map, subdivision plat or a highway right-of-way plat, the map or the plat must show the national spatial reference system monuments and their coordinates used as the basis of the survey; the zone; the datum and adjustment; and the combined adjustment factor and the convergence angle and the location where they were computed.

History:

[55-1907, added 1978, ch. 107, sec. 1, p. 223; am. 1997, ch. 190, sec. 20, p. 531; am. 2010, ch. 256, sec. 11, p. 654.]
Idaho Code § 55-1605 — Idaho Code / Title 55 / Chapter 16 / Section 55-1605
55-1605 FILING OR RECORDING.
Status: in_force

55-1605. Filing or recording. A professional land surveyor may file or record any corner record as to any property controlling corner or accessory to a corner.

History:

[55-1605, added 1967, ch. 215, sec. 5, p. 647; am. 1972, ch. 162, sec. 2, p. 363; am. 1993, ch. 206, sec. 5, p. 566; am. 2011, ch. 136, sec. 14, p. 392.]
Idaho Code § 55-1401 — Idaho Code / Title 55 / Chapter 14 / Section 55-1401
55-1401 PROPERTY HELD FOR CHARGES.
Status: in_force

55-1401. Property held for charges. When any goods, merchandise or other property has been received by any railroad or express company, or other common carrier, commission merchant, innkeeper or warehouseman for transportation or safekeeping, and is not delivered to the owner, consignee or other authorized person, the carrier, commission merchant, innkeeper or warehouseman may hold or store the same with some responsible person, until the freight and all just and reasonable charges are paid.

History:

[(55-1401) R.S., sec. 1160; reen. R.C. & C.L., sec. 1546; C.S., sec. 2582; I.C.A., sec. 54-1401.]
Idaho Code § 55-901 — Idaho Code / Title 55 / Chapter 9 / Section 55-901
55-901 FRAUDULENT CONVEYANCES OF LAND.
Status: in_force

55-901. Fraudulent conveyances of land. Every instrument, other than a will, affecting an estate in real property, including every charge upon real property, or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof, or encumbrancers thereon, is void as against every purchaser or encumbrancer, for value, of the same property, or the rents or profits thereof.

History:

[(55-901) 1863, p. 540, sec. 1; R.S., sec. 3015; reen. R.C. & C.L., sec. 3164; C.S., sec. 5428; I.C.A., sec. 54-901.]
Idaho Code § 55-1514 — Idaho Code / Title 55 / Chapter 15 / Section 55-1514
55-1514 SEPARATE TAXATION — LIEN — TAX DEED.
Status: in_force

55-1514. Separate taxation — Lien — Tax deed. Notwithstanding any contrary or inconsistent provision of the Idaho Code or of this act, property taxes, assessments, special assessments, and all special taxes or charges of the state of Idaho or of any political subdivision thereof, or other lawful taxing or assessing body, which are authorized by law to be assessed against or levied upon real or personal property shall be assessed against and levied upon each condominium and not upon the group of condominiums as a whole, and such tax, assessment or charge on each such condominium shall constitute a lien solely thereon.

A person acquiring or entitled to the issuance of a tax deed conveying the interest of any condominium owner, shall acquire only an interest subject to such provisions of this act as may be applicable, and subject to all lawful terms, provisions, covenants, conditions, and limitations which may apply thereto and appear in any recorded declaration, plat, deed or by-laws then in force and affecting such interest.

History:

[55-1514, added 1965, ch. 225, sec. 14, p. 515.]
Idaho Code § 55-308 — Idaho Code / Title 55 / Chapter 3 / Section 55-308
55-308 OWNERSHIP OF STREET BY ABUTTER.
Status: in_force

55-308. Ownership of street by abutter. An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown.

History:

[(55-308) 55-309, R.S., sec. 2883; reen. R.C. & C.L., sec. 3091; C.S., sec. 5359; I.C.A., sec. 54-309; am. and redesig. 2025, ch. 65, sec. 9, p. 314.]
Idaho Code § 55-1708 — Idaho Code / Title 55 / Chapter 17 / Section 55-1708
55-1708 SUPPLEMENTAL COORDINATE DESCRIPTIONS.
Status: in_force

55-1708. SUPPLEMENTAL COORDINATE DESCRIPTIONS. (1) Whenever coordinates based on the IPCS are used to describe any boundary or right in real property, which in the same document or another document of record is also described by reference to any subdivision, line, or corner of the United States public land surveys or the lines or corners of a recorded subdivision, the description by coordinates shall be construed as supplemental to the basic description of such subdivision, line, or corner contained in the official plats and field notes of the United States public land surveys filed of record or in a recorded subdivision plat. In the event of any conflict, a description by reference to the subdivisions, lines, or corners of the United States public land surveys or lines and corners of a recorded subdivision shall prevail over any description by coordinates, unless said coordinates are upheld by adjudication, in which case the coordinate description shall prevail.

(2) Every recorded map, survey, plat, conveyance, or other instrument affecting title to or rights in real property that delineates, describes, or refers to such property or any part thereof by reference to coordinates based upon the IPCS shall also describe the property by reference and tie to public land survey corners as defined in section 55-1603(11), Idaho Code, unless such property is within a recorded subdivision, in which case the property may be described by reference and tie to lines and corners within such subdivision.

History:

[55-1708, added 2021, ch. 174, sec. 14, p. 486.]
Idaho Code § 55-2705 — Idaho Code / Title 55 / Chapter 27 / Section 55-2705
55-2705 THIS CHAPTER GOVERNS.
Status: in_force

55-2705. This chapter governs. This chapter shall regulate and determine legal rights, remedies and obligations arising from any rental agreement between a landlord and tenant regarding a floating home moorage, except in those instances in which the landlord is renting both the moorage site and the floating home to the tenant. All such rental agreements shall be unenforceable to the extent of any conflict with any provision of this chapter. This chapter does not abrogate any rights the landlord or tenant has under the laws and constitution of the United States and the state of Idaho.

History:

[55-2705, added 1998, ch. 194, sec. 1, p. 699.]
Idaho Code § 55-617 — Idaho Code / Title 55 / Chapter 6 / Section 55-617
55-617 APPURTENANT WATER RIGHTS AND WATER ENTITLEMENTS AND OBLIGATIONS PASS WITH PROPERTY.
Status: in_force

55-617. Appurtenant water rights and water entitlements and obligations pass with property. (1) A transfer of real property passes appurtenant water rights decreed by court order pursuant to chapter 14, title 42, Idaho Code, permitted or licensed by the department of water resources pursuant to chapter 2, title 42, Idaho Code, or established by the constitutional method of appropriation, and that are owned by the seller and are not reserved by the seller in the instrument of conveyance.

(2) A transfer of real property included in an irrigation district that operates pursuant to title 43, Idaho Code, to which the district has apportioned the right to receive water from the district's water rights, passes the statutory rights and obligations of the property relative to the district's distribution of water and assessments.

(3) A transfer of real property included in a city irrigation system that operates pursuant to chapter 18, title 50, Idaho Code, to which the city has apportioned the right to receive water from the city's water rights, passes the statutory rights and obligations of the property relative to the distribution of water and assessments.

(4) A transfer of real property included in a ground water district that operates pursuant to chapter 52, title 42, Idaho Code, to which the district has levied assessments or apportioned mitigation plan obligations, passes the statutory rights and obligations of the property relative to such assessments and obligations.

(5) A transfer of real property that is entitled to receive water from the water rights of a canal company, ditch company, association, or other water delivery entity, passes the rights and obligations of the property relative to the entity's distribution of water and assessments as evidenced by stock ownership, or other evidence of an entitlement to receive water, subject to the bylaws of the water delivery entity.

(6) A transfer of real property does not pass water rights or water entitlements and obligations that are not appurtenant to the real property.

History:

[(55-617) 55-616, added 2022, ch. 267, sec. 1, p. 857; am. and redesig. 2023, ch. 218, sec. 20, p. 643.]
Idaho Code § 55-2517 — Idaho Code / Title 55 / Chapter 25 / Section 55-2517
55-2517 FAILURE TO COMPLY.
Status: in_force

55-2517. Failure to comply. No transfer, subject to this chapter, shall be invalidated solely because of the failure of any person to comply with any provision of this chapter. However, any person who willfully or negligently violates or fails to perform any duties prescribed by any provision of this chapter shall be liable in the amount of actual damages suffered by the transferee.

History:

[55-2517, added 1994, ch. 366, sec. 1, p. 1179.]
Idaho Code § 55-3008 — Idaho Code / Title 55 / Chapter 30 / Section 55-3008
55-3008 RECORDING.
Status: in_force

55-3008. Recording. (1) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.

(2) Except as otherwise provided in section 55-3009(3), Idaho Code, an environmental covenant is subject to the laws of this state governing recording and priority of interests in real property.

History:

[55-3008, added 2006, ch. 15, sec. 1, p. 38.]
Idaho Code § 55-2507 — Idaho Code / Title 55 / Chapter 25 / Section 55-2507
55-2507 MANDATORY REQUIRED DISCLOSURE STATEMENTS.
Status: in_force

55-2507. Mandatory required disclosure statements. To comply with the provisions of this chapter, a form shall set forth a statement of purpose of the form, including statements substantially similar to the following:

(1) The form constitutes a statement of the conditions of the property and of information concerning the property actually known by the transferor.

(2) That unless the transferee is otherwise advised in writing, the transferor, other than having lived at or owning the property possesses no greater knowledge than that which could be obtained by a careful inspection of the property by a potential transferee.

(3) That the statement is not a warranty of any kind by the transferor or by any agent or subsequent agent representing the transferor in this transaction.

(4) That the statement is not a substitute for any inspections.

(5) That the transferor is familiar with the particular residential real property and each act that may be performed in making a disclosure of an item of information shall be made and performed in good faith.

History:

[55-2507, added 1994, ch. 366, sec. 1, p. 1175.]
Idaho Code § 55-2109 — Idaho Code / Title 55 / Chapter 21 / Section 55-2109
55-2109 TAXATION.
Status: in_force

55-2109. Taxation. The granting of a conservation easement across a piece of property shall not have an effect on the market value of property for ad valorem tax purposes and when the property is assessed for ad valorem tax purposes, the market value shall be computed as if the conservation easement did not exist.

History:

[55-2109, added 1988, ch. 222, sec. 1, p. 424.]
Idaho Code § 55-616 — Idaho Code / Title 55 / Chapter 6 / Section 55-616
55-616 PROHIBITION AND REMOVAL OF RESTRICTIVE COVENANTS.
Status: in_force

55-616. Prohibition and Removal of restrictive covenants. (1) Every provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof to individuals because of race, color, ethnicity, or national origin and every condition, restriction, or prohibition, including a right of entry or possibility of reverter, that directly or indirectly limits the use or occupancy of real property on the basis of race, color, ethnicity, or national origin is void.

(2) It shall be unlawful to insert in a written instrument relating to real property a provision that is void under this section or to honor or attempt to honor such a provision in the chain of title.

(3) The owner or tenant of property subject to a written instrument that contains a provision that is void pursuant to subsection (1) of this section may record a restrictive covenant modification document with the county clerk in the county in which the property is located. Such modification document shall be a standard form developed and designed by the county clerk. Each county clerk shall make available in the county clerk's office instructions on how to record a restrictive covenant modification document and shall provide such instructions on the county website, if applicable.

(4) The modification document shall contain a recording reference to the original written instrument and a legal description of the property, and the owner or tenant who causes to be recorded a modification document shall clearly state the person's name on the modification document and shall execute the modification document prior to recordation. Except for a modification regarding a provision that is void pursuant to subsection (1) of this section, no other modifications shall be allowed on a restrictive covenant modification form.

(5) The modification document must state, in part: "The referenced original written instrument contains discriminatory provisions that are void and unenforceable under Section 55-616, Idaho Code, and federal law. This document strikes from the referenced original instrument all provisions based on race, color, ethnicity, or national origin that are void and unenforceable under law."

(6) The effective date of the modification document shall be effective as of the date of the original document and shall supersede the discriminatory language in the original written instrument.

(7) If the owner or tenant causes to be recorded a modification document that contains modifications not authorized by this section, the county clerk shall not incur liability for recording the document. Any liability that may result is the sole responsibility of an owner or tenant who willfully causes the recordation with modifications not authorized by this section.

(8) No filing or recording fees or otherwise authorized surcharges shall be required for the filing of a modification document pursuant to this section.

(9) Nothing in this section shall affect the provisions of section 67-5909(10), Idaho Code.

History:

[55-616, added 2022, ch. 159, sec. 1, p. 547.]
Idaho Code § 55-3002 — Idaho Code / Title 55 / Chapter 30 / Section 55-3002
55-3002 DEFINITIONS.
Status: in_force

55-3002. Definitions. As used in this chapter:

(1) "Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property.

(2) "Agency" means the Idaho department of environmental quality or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.

(3) "Common interest community" means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.

(4) "Environmental covenant" means a servitude arising under an environmental response project that imposes activity and use limitations.

(5) "Environmental response project" means a plan or work performed for environmental remediation of real property and conducted:

(a) Under a federal or state program governing environmental remediation of real property;

(b) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or

(c) Under an authorized state voluntary cleanup program.

(6) "Holder" means the grantee of an environmental covenant as specified in section 55-3003(1), Idaho Code.

(7) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(8) "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(9) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

History:

[55-3002, added 2006, ch. 15, sec. 1, p. 35.]
Idaho Code § 55-3012 — Idaho Code / Title 55 / Chapter 30 / Section 55-3012
55-3012 REGISTRY — SUBSTITUTE NOTICE.
Status: in_force

55-3012. Registry — Substitute notice. (1) The Idaho department of environmental quality shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the department of environmental quality considers appropriate. The registry is a public record.

(2) After an environmental covenant or an amendment or termination of a covenant is filed in the registry established and maintained pursuant to subsection (1) of this section, a notice of the covenant, amendment, or termination that complies with this section may be recorded in the land records in lieu of recording the entire covenant. Any such notice must contain:

(a) A legally sufficient description and any available street address of the real property subject to the covenant;

(b) The name and address of the owner of the fee simple interest in the real property, the agency, and the holder if other than the agency;

(c) A statement that the covenant, amendment, or termination is available in a registry at the department of environmental quality, which discloses the method of any electronic access; and

(d) A statement that the notice is notification of an environmental covenant executed pursuant to this chapter.

(3) A statement in substantially the following form, executed with the same formalities as a deed in this state, satisfies the requirements of subsection (2) of this section:

"1. This notice is filed in the land records of the (political subdivision) of (insert name of jurisdiction in which the real property is located) pursuant to section 55-3012, Idaho Code.

2. This notice and the covenant, amendment or termination to which it refers may impose significant obligations with respect to the property described below.

3. A legal description of the property is attached as Exhibit A to this notice. The address of the property that is subject to the environmental covenant is (insert address of property) (not available).

4. The name and address of the owner of the fee simple interest in the real property on the date of this notice is (insert name of current owner of the property and the owner's current address as shown on the tax records of the jurisdiction in which the property is located).

5. The environmental covenant, amendment or termination was signed by (insert name and address of the agency).

6. The environmental covenant, amendment or termination was filed in the registry on (insert date of filing).

7. The full text of the covenant, amendment or termination and any other information required by the agency is on file and available for inspection and copying in the registry maintained for that purpose by the Idaho department of environmental quality.".

History:

[55-3012, added 2006, ch. 15, sec. 1, p. 39.]
Idaho Code § 55-2513 — Idaho Code / Title 55 / Chapter 25 / Section 55-2513
55-2513 AMENDMENT TO FORM.
Status: in_force

55-2513. Amendment to form. Any disclosure of an item of information in the property disclosure form described in section 55-2508, Idaho Code, may be amended in writing by the transferor of the residential real property at any time following the delivery of the form in accordance with section 55-2510, Idaho Code. Transferor shall amend the disclosure statement prior to closing if transferor discovers any of the (the) information on the original statement has changed. In the event of amendments to the statement, transferee's right to rescind is strictly limited to the amendments to the disclosure statement. The amendment shall be subject to the provisions of this chapter.

History:

[55-2513, added 1994, ch. 366, sec. 1, p. 1178; am. 1997, ch. 229, sec. 4, p. 670.]
Idaho Code § 55-1908 — Idaho Code / Title 55 / Chapter 19 / Section 55-1908
55-1908 WHEN RECORD OF SURVEY NOT REQUIRED.
Status: in_force

55-1908. When record of survey not required. A record of survey is not required of any survey when:

(1) It is of a preliminary nature;

(2) A map is in preparation for recording or has been recorded under any other section of the Idaho Code, or pursuant to the laws of the United States;

(3) A survey is performed for a mineral claim location, amendment or relocation; or

(4) None of the conditions contained in section 55-1904, Idaho Code, exist and the principal purpose of the survey is to depict information other than the points of lines that define boundaries including, but not limited to, topographic surveys and construction surveys, staking and layout.

History:

[55-1908, added 1978, ch. 107, sec. 1, p. 223; am. 2011, ch. 136, sec. 19, p. 395.]
Idaho Code § 55-2202 — Idaho Code / Title 55 / Chapter 22 / Section 55-2202
55-2202 DEFINITIONS.
Status: in_force

55-2202. Definitions. As used in this chapter:

(1) "Administrator" means the administrator of the division of occupational and professional licenses.

(2) "Board" means the damage prevention board.

(3) "Business day" means any day other than Saturday, Sunday, or a legal, local, state, or federal holiday.

(4) "Damage" means any impact or exposure that results in the substantial weakening of structural or lateral support of an underground facility, or the penetration, impairment, or destruction of any underground protective coating, housing, or other protective device, or the partial or complete destruction of the facility, or the severance, partial or complete, of any underground facility to the extent that the project owner or the affected underground facility owner determines that repairs are required.

(5) "Emergency" means any sudden or unforeseen condition that compels immediate action to prevent or resolve:

(a) A clear and present danger to life, health, or property;

(b) An unplanned customer service outage; or

(c) The blockage of roads or transportation facilities.

(6) "Emergency excavation" means an excavation performed in response to an emergency.

(7) "End user" means any customer or consumer of any utility service or commodity provided by an underground facility owner.

(8) "Excavation" means any operation in which earth, rock, or other material in the ground is moved or otherwise displaced by any means including, but not limited to, explosives.

(9) "Excavator" means any person who engages directly in excavation.

(10) "Excavator downtime" means lost time for an excavation project due to failure of one (1) or more stakeholders to comply with applicable damage prevention regulations.

(11) "Hand digging" means any excavation involving nonmechanized tools or equipment that when used properly will not damage underground facilities. Hand digging includes, but is not limited to, hand shovel digging, manual posthole digging, vacuum excavation, and soft digging.

(12) "Identified but unlocatable underground facility" means an underground facility that has been identified but cannot be located with reasonable accuracy.

(13) "Identified facility" means any underground facility that is indicated in the project plans as being located within the area of proposed excavation.

(14) "Locatable underground facility" means an underground facility that can be field-marked with reasonable accuracy.

(15) "Locator" means a person who identifies and marks the location of an underground facility owned or operated by an underground facility owner.

(16) "Marking" means the use of stakes, paint, or other clearly identifiable materials to show the field location of underground facilities, in accordance with the current color code standard of the American public works association. Markings shall include identification letters indicating the specific type of the underground facility.

(17) "Notice of emergency excavation" means an excavator call to a one-number notification service not less than two (2) hours prior to commencing the emergency excavation to provide a description of the emergency, the location of the emergency excavation area, contact information for an individual with the excavator who may be reached throughout the emergency, and expected time and date of the emergency excavation.

(18) "One-number notification service" means a service through which a person can notify owners of underground facilities and request field-marking of their underground facilities.

(19) "Person" means an individual, partnership, association, corporation, a state, a city, a county, or any subdivision or instrumentality of a state, and its employees, agents, or legal representatives.

(20) "Public right-of-way" means the area on, below, or above a public roadway, highway, street, lane, path, sidewalk, alley, or other right-of-way dedicated for compatible uses.

(21) "Reasonable accuracy" or "reasonably accurate" means location within twenty-four (24) inches horizontally of the outside dimensions of each side of an underground facility.

(22) "Rural underground facility owner" means an underground facility owner that is a public utility or a member-owned cooperative that serves fewer than five thousand (5,000) total customers in a county or counties with populations that do not exceed fifty thousand (50,000) people.

(23) "Service lateral" means any underground facility located in a public right-of-way or underground facility easement that is used to convey water (unless being delivered primarily for irrigation), stormwater, or sewage and connects an end user's building or property to an underground facility owner's main utility line.

(24) "Soft digging" means any excavation using tools or equipment that utilize air or water pressure as the direct means to break up soil or earth for removal by vacuum excavation.

(25) "Stakeholder" means any party with an interest in protecting underground facilities including, but not limited to, persons, property owners, underground facility owners, excavators, contractors, cities, counties, highway districts, railroads, public entities that deliver irrigation water and those engaged in agriculture.

(26) "Underground facility" means any item buried or placed belowground for use in connection with the storage or conveyance of water (unless being delivered primarily for irrigation), stormwater, sewage, electronic, telephonic or telegraphic communications, cable television, electric energy, petroleum products, gas, gaseous vapors, hazardous liquids, or other substances and includes but is not limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments, and those parts of poles or anchors belowground.

(27) "Underground facility easement" means a nonpossessory right to operate, control, bury, install, maintain, or access an underground facility.

(28) "Underground facility owner" means any person who owns or operates an underground facility or who provides any utility service or commodity to an end user via an underground facility.

History:

[55-2202, added 1990, ch. 351, sec. 1, p. 940; am. 1991, ch. 170, sec. 1, p. 409; am. 2016, ch. 325, sec. 2, p. 895; am. 2019, ch. 182, sec. 1, p. 587; am. 2019, ch. 256, sec. 1, p. 764; am. 2020, ch. 82, sec. 35, p. 205; am. 2023, ch. 15, sec. 74, p. 115; am. 2023, ch. 191, sec. 1, p. 521.]
Idaho Code § 55-1813 — Idaho Code / Title 55 / Chapter 18 / Section 55-1813
55-1813 INVESTIGATIONS AND PROCEEDINGS.
Status: in_force

55-1813. Investigations and proceedings. The commission may investigate any subdivision offered for disposition in this state and the actions of any person who makes any offer or disposition of subdivided lands requiring registration under this chapter. In the conduct of the investigation, the commission may:

(1) Rely upon any relevant information concerning a subdivision obtained from the federal housing administration, the United States department of veterans affairs or any other federal agency or any state agency having comparable duties in relation to subdivisions;

(2) Require the applicant to submit reports prepared by competent engineers as to any hazard to which any subdivision offered for disposition is subject or any factor that affects the utility of interests within the subdivision and require evidence of compliance in removing or minimizing all hazards reflected in engineering reports;

(3) Require an on-site inspection of the subdivision by a person or persons designated by it. All expenses incurred in connection with an on-site inspection shall be defrayed by the applicant, and the commission shall require a deposit sufficient to defray such expenses in advance;

(4) Make public or private investigations within or outside this state to determine whether any person has violated or is about to violate the provisions of this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in prescribing rules and forms hereunder; and

(5) Require or permit any person to file a statement in writing, under oath or otherwise as the commission determines, as to all the facts and circumstances concerning the matter to be investigated.

History:

[55-1813, added 1972, ch. 276, sec. 13, p. 667; am. 2010, ch. 214, sec. 14, p. 477; am. 2020, ch. 87, sec. 6, p. 236; am. 2026, ch. 221, sec. 30, p. 956.]
Idaho Code § 55-3007 — Idaho Code / Title 55 / Chapter 30 / Section 55-3007
55-3007 NOTICE.
Status: in_force

55-3007. Notice. (1) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:

(a) Each person that signed the covenant;

(b) Each person holding a recorded interest in the real property subject to the covenant;

(c) Each person in possession of the real property subject to the covenant;

(d) Each municipality or other unit of local government in which real property subject to the covenant is located; and

(e) Any other person the agency requires.

(2) The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.

History:

[55-3007, added 2006, ch. 15, sec. 1, p. 38.]
Idaho Code § 55-3006 — Idaho Code / Title 55 / Chapter 30 / Section 55-3006
55-3006 RELATIONSHIP TO OTHER LAND USE LAW.
Status: in_force

55-3006. Relationship to other land use law. This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by law other than this chapter.

History:

[55-3006, added 2006, ch. 15, sec. 1, p. 37.]
Idaho Code § 55-1603 — Idaho Code / Title 55 / Chapter 16 / Section 55-1603
55-1603 DEFINITIONS.
Status: in_force

55-1603. Definitions. Except where the context indicates a different meaning, terms used in this chapter shall be defined as follows:

(1) "Accessory to a corner" means any exclusively identifiable physical object whose spatial relationship to the corner is recorded. Accessories may be bearing trees, bearing objects, monuments, reference points, line trees, pits, mounds, charcoal-filled bottles, steel or wooden stakes, or other objects.

(2) "Benchmark" means a material object, natural or artificial, whose elevation is referenced to an adopted datum.

(3) "Board" means the board of licensure of professional engineers and professional land surveyors.

(4) "Control survey" means a survey that provides horizontal or vertical position data for the support or control of subordinate surveys or for mapping.

(5) "Corner," unless otherwise defined, means a property corner, or a property controlling corner, or a public land survey corner, or any combination of these.

(6) "Establish" means to determine the position of a corner either physically or mathematically.

(7) "Monument" means a physical structure intended to mark, reference, or witness a line, corner, or position.

(8) "Professional land surveyor" means any person who is authorized by the laws of this state to practice land surveying.

(9) "Property controlling corner" for a property means a public land survey corner, property corner, reference point or witness corner that controls the location of one (1) or more of the property corners of the property in question.

(10) "Property corner" means a geographic point on the surface of the earth and is on, a part of, and controls a property line.

(11) "Public land survey corner" means any point actually established and monumented in an original survey or resurvey that determines the boundaries of remaining public lands, or public lands patented, represented on an official plat and in the field notes thereof, accepted and approved under authority delegated by congress to the U.S. general land office (GLO) and the U.S. department of interior, bureau of land management. This excludes GLO-surveyed townsite lot corners, except those marking exterior angle points or block corners within the townsite.

(12) "Reference point" means a special monumented point that does not occupy the same geographical position as the corner itself, and where the spatial relationship to the corner is recorded, and which serves to locate the corner.

(13) "Witness corner" means a monumented point on a lot line or boundary line of a survey, near a corner, and established in situations where it is impracticable to occupy or monument the corner.

History:

[55-1603, added 1967, ch. 215, sec. 3, p. 647; am. 1993, ch. 206, sec. 3, p. 565; am. 1997, ch. 190, sec. 13, p. 526; am. 2008, ch. 378, sec. 27, p. 1046; am. 2011, ch. 136, sec. 13, p. 391; am. 2020, ch. 127, sec. 11, p. 403; am. 2022, ch. 43, sec. 6, p. 120.]
Idaho Code § 55-3014 — Idaho Code / Title 55 / Chapter 30 / Section 55-3014
55-3014 RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
Status: in_force

55-3014. Relation to electronic signatures in global and national commerce act. This chapter modifies, limits, or supersedes the federal electronic signatures in global and national commerce act (15 U.S.C. section 7001 et seq.) but does not modify, limit, or supersede section 101 of that act (15 U.S.C. section 7001(a)) or authorize electronic delivery of any of the notices described in section 103 of that act (15 U.S.C. section 7003(b)).

History:

[55-3014, added 2006, ch. 15, sec. 1, p. 40.]
Idaho Code § 55-2501 — Idaho Code / Title 55 / Chapter 25 / Section 55-2501
55-2501 SHORT TITLE.
Status: in_force

55-2501. Short title. This chapter may be cited as the "Idaho Property Condition Disclosure Act."

History:

[55-2501, added 1994, ch. 366, sec. 1, p. 1173.]
Idaho Code § 55-212 — Idaho Code / Title 55 / Chapter 2 / Section 55-212
55-212 ACTION FOR REAL PROPERTY — NOTICE UNNECESSARY.
Status: in_force

55-212. Action for real property — Notice unnecessary. An action for the possession of real property, leased or granted, with a right of reentry, may be maintained at any time, in the district court, after the right to reenter has accrued, without notice.

History:

[(55-212) R.S., sec. 2861; reen. R.C. & C.L., sec. 3082; C.S., sec. 5350; I.C.A., sec. 54-212.]
Idaho Code § 55-905 — Idaho Code / Title 55 / Chapter 9 / Section 55-905
55-905 FRAUDULENT TRANSFERS OF PERSONALTY.
Status: in_force

55-905. Fraudulent transfers of personalty. All deeds of gift, all conveyances, and all transfers or assignments, oral or written, of goods, chattels, or things in action, made in trust for the use of the person making the same, are void as against the creditors, existing or subsequent, of such person. However, a settlor's retained right to receive distributions from a trust in an amount equal to or less than the federal and state income tax liability incurred by such settlor as a result of such trust being characterized as a grantor trust pursuant to the rules of the Internal Revenue Code of 1986, as amended, sections 671 through 679, inclusive, shall not be considered a deed of gift, conveyance, transfer or assignment that is made in trust for the use of the person making the same.

History:

[(55-905) 1863, p. 540, sec. 11; R.S., sec. 3019; reen. R.C. & C.L., sec. 3168; C.S., sec. 5432; I.C.A., sec. 54-905; am. 2007, ch. 68, sec. 5, p. 182.]
Idaho Code § 55-802 — Idaho Code / Title 55 / Chapter 8 / Section 55-802
55-802 RECORDING JUDGMENTS.
Status: in_force

55-802. Recording judgments. Judgments affecting the title to or possession of real property, authenticated by the certificate of the clerk of the court in which such judgments were rendered, may be recorded without acknowledgment or further proof.

History:

[(55-802) R.S., sec. 2991; reen. R.C. & C.L., sec. 3150; C.S., sec. 5414; I.C.A., sec. 54-802.]
Idaho Code § 55-3009 — Idaho Code / Title 55 / Chapter 30 / Section 55-3009
55-3009 DURATION — AMENDMENT BY COURT ACTION.
Status: in_force

55-3009. Duration — Amendment by court action. (1) An environmental covenant is perpetual unless it is:

(a) By its terms limited to a specific duration or terminated by the occurrence of a specific event;

(b) Terminated by consent pursuant to section 55-3010, Idaho Code;

(c) Terminated pursuant to subsection (2) of this section;

(d) Terminated by foreclosure of an interest that has priority over the environmental covenant; or

(e) Terminated or modified in an eminent domain proceeding, but only if:

(i) The agency that signed the covenant is a party to the proceeding;

(ii) All persons identified in section 55-3010(1) and (2), Idaho Code, are given notice of the pendency of the proceeding; and

(iii) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.

(2) If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in section 55-3010(1) and (2), Idaho Code, have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency's determination or its failure to make a determination upon request is subject to review pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code.

(3) Except as otherwise provided in subsections (1) and (2) of this section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.

History:

[55-3009, added 2006, ch. 15, sec. 1, p. 38.]
Idaho Code § 55-2210 — Idaho Code / Title 55 / Chapter 22 / Section 55-2210
55-2210 EXCAVATIONS EXEMPT FROM NOTICE REQUIREMENT.
Status: in_force

55-2210. Excavations exempt from notice requirement. Unless facts exist which would reasonably cause an excavator to believe that an underground facility exists within the depth of the intended excavation, the following excavations shall not require notice of the excavation pursuant to section 55-2205(1)(c), Idaho Code:

(1) An excavation of less than fifteen (15) inches in vertical depth outside the boundaries of an underground facility easement of public record on private property.

(2) The tilling of soil to a depth of less than fifteen (15) inches for agricultural practices.

(3) The extraction of minerals within recorded mining claims or excavation within material sites legally located and of record, unless such excavation occurs within the boundaries of an underground facility easement.

(4) Normal maintenance of roads, streets and highways, including cleaning of roadside drainage ditches and clear zones, to a depth of fifteen (15) inches below the grade established during the design of the last construction of which underground facility owners were notified and which excavation will not reduce the authorized depth of cover of an underground facility.

(5) Replacement of highway guardrail posts, sign posts, delineator posts, culverts, and traffic control device supports in the same approximate location and depth of the replaced item within public highway rights-of-way.

(6) Normal maintenance of railroad rights-of-way, except where such rights-of-way intersect or cross public roads, streets, highways, or rights-of-way adjacent thereto, or recorded underground facility easements.

History:

[(55-2210) 55-2208, added 1990, ch. 351, sec. 1, p. 943; am. 1991, ch. 170, sec. 4, p. 412; am. 2002, ch. 351, sec. 3, p. 1003; am. and redesig. 2016, ch. 325, sec. 10, p. 902.]
Idaho Code § 55-2716 — Idaho Code / Title 55 / Chapter 27 / Section 55-2716
55-2716 TENANT ASSOCIATIONS.
Status: in_force

55-2716. Tenant associations. (1) The tenants in a floating home marina have the right to organize a tenant or homeowner's association to further their mutual interests and to conduct any other business and programs which the association shall determine. When an association is organized it shall notify the landlord.

(2) The landlord must meet and confer with homeowners or their representatives, including any persons designated by a resident organization, within thirty (30) days of a request concerning:

(a) Rule changes;

(b) Maintenance of facilities;

(c) Addition or deletion of services or facilities; or

(d) Rental agreements.

History:

[55-2716, added 1998, ch. 194, sec. 1, p. 705.]
Idaho Code § 55-906 — Idaho Code / Title 55 / Chapter 9 / Section 55-906
55-906 TRANSFERS IN FRAUD OF CREDITORS.
Status: in_force

55-906. Transfers in fraud of creditors. Every transfer of property, or charge thereon made, every obligation incurred, and every judicial proceeding taken, with intent to delay or defraud any creditor or other person of his demands, is void against all creditors of the debtor and their successors in interest, and against any person upon whom the estate of the debtor devolves in trust for the benefit of others than the debtor.

History:

[(55-906) 1863, p. 540, sec. 18; R.S., sec. 3020; reen. R.C. & C.L., sec. 3169; C.S., sec. 5433; I.C.A., sec. 54-906.]
Idaho Code § 55-2307 — Idaho Code / Title 55 / Chapter 23 / Section 55-2307
55-2307 SEVERABILITY.
Status: in_force

55-2307. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.

History:

[55-2307, added 1990, ch. 381, sec. 1, p. 1057.]
Idaho Code § 55-1804A — Idaho Code / Title 55 / Chapter 18 / Section 55-1804A
55-1804A RIGHT OF RESCISSION.
Status: in_force

55-1804A. right of rescission. Any contract or agreement of disposition for an interest in subdivided lands may be rescinded by the purchaser without cause by personally delivering or sending by certified mail, a written notice of cancellation to the subdivider on or before 11:59 p.m. of the fifth calendar day after execution of the contract or agreement of disposition. The contract or agreement of disposition shall state this right and terms in boldface type on the signature page and shall include the address of the subdivider.

History:

[55-1804A, added 2010, ch. 214, sec. 5, p. 469.]
Idaho Code § 55-2711 — Idaho Code / Title 55 / Chapter 27 / Section 55-2711
55-2711 EVICTION TO MAKE SPACE FOR FLOATING HOME OWNED BY LANDLORD.
Status: in_force

55-2711. Eviction to make space for floating home owned by landlord. No tenancy shall be terminated for the purpose of making a moorage site available for the landlord or a person who purchases a floating home from the owner of the floating home marina or his agent.

History:

[55-2711, added 1998, ch. 194, sec. 1, p. 702.]
Idaho Code § 55-604 — Idaho Code / Title 55 / Chapter 6 / Section 55-604
55-604 FEE PRESUMED TO PASS.
Status: in_force

55-604. Fee presumed to pass. A fee simple title is presumed to be intended to pass by a grant of real property unless it appears from the grant that a lesser estate was intended.

History:

[(55-604) 1863, p. 528, sec. 43; R.S., sec. 2927; reen. R.C. & C.L., sec. 3112; C.S., sec. 5376; I.C.A., sec. 54-604.]
Idaho Code § 55-2403 — Idaho Code / Title 55 / Chapter 24 / Section 55-2403
55-2403 ACTIVITY IN CLOSE PROXIMITY TO LINES — CLEARANCE ARRANGEMENTS WITH PUBLIC UTILITY — PAYMENT.
Status: in_force

55-2403. Activity in close proximity to lines — Clearance arrangements with public utility — Payment. (1) If any contractor desires to temporarily carry on any function, activity, work or operation in closer proximity to any high voltage overhead line than permitted in this chapter, or in such proximity that the function, activity, work or operation could possibly come within closer proximity than permitted in this chapter, the contractor responsible for performing the work shall promptly notify the public utility owning or operating the high voltage overhead line in writing. The contractor may perform the work only after making mutually agreeable arrangements with the public utility owning or operating the line, including coordination of work and construction schedules. Arrangements may include placement of temporary mechanical barriers to separate and prevent contact between material, equipment or persons and the high voltage overhead lines, temporary deenergization and grounding, or temporary relocation or raising of the high voltage overhead lines. A written agreement identifying the arrangements and the payment to be made therefor, if any, as provided in subsection (2) of this section shall be executed by the parties.

(2) The public utility may, in conformance with its then current practice, require the contractor responsible for performing the work in the vicinity of the high voltage overhead lines to pay any actual expenses of the public utility in providing arrangements for work in close proximity to the overhead lines. The public utility is not required to provide the arrangements for work in close proximity to the overhead lines until a written agreement for payment has been made. The public utility may require payment in advance. Any surplus amounts paid to the utility shall be refunded.

(3) The public utility shall make arrangements to accommodate activity in proximity to overhead lines in accordance with the agreement of the parties. Where a date certain for completion of the clearance arrangements is not otherwise specified in the agreement, the arrangements must be completed within a reasonable time with consideration to all existing circumstances. However, any delay in completing the arrangement shall not excuse nor authorize the person, contractor or subcontractor to undertake to perform work in closer proximity to high voltage overhead lines than is provided herein, until such time as the arrangements have been completed.

(4) The public utility may deny any request for clearances which in the judgment of the utility may jeopardize the performance, integrity, reliability or stability of the utility's electrical system or any electrical system with which it is interconnected.

History:

[55-2403, added 1992, ch. 177, sec. 1, p. 560; am. 2000, ch. 319, sec. 2, p. 1077.]
Idaho Code § 55-2803 — Idaho Code / Title 55 / Chapter 28 / Section 55-2803
55-2803 REQUEST FOR DISCLOSURE.
Status: in_force

55-2803. Request for disclosure. In the event that a purchaser who is in the process of making a bona fide offer advises the owner's representative in writing that knowledge of whether the property may be psychologically impacted is an important factor in the purchaser's decision to purchase the property, the owner's representative shall make inquiry of the owner and, with the consent of the owner and subject to and consistent with the applicable laws of privacy, shall report any findings to the purchaser. If the owner refuses disclosure, the owner's representative shall advise the purchaser or the purchaser's representative that the information will not be disclosed.

History:

[(55-2803) 55-2703, added 1998, ch. 335, sec. 1, p. 1081; am. and redesig. 2005, ch. 25, sec. 111, p. 128.]
Idaho Code § 55-2405 — Idaho Code / Title 55 / Chapter 24 / Section 55-2405
55-2405 EXEMPTIONS.
Status: in_force

55-2405. Exemptions. The provisions of this chapter shall not apply to:

(1) Construction, reconstruction, operation or maintenance by an authorized person of overhead electrical or communication circuits or conductors and their supporting structures, or to electrical generating, transmission or distribution systems, or to communication systems;

(2) Agreements between public agencies to perform any work or undertaking which each public agency entering into the agreement is authorized by law to perform, provided that any such agreement shall be authorized by the governing body of each party to the agreement; or

(3) Fire, police or other emergency service workers while engaged in emergency operations, or highway districts or other governmental entities performing routine or emergency maintenance in their rights of way.

History:

[55-2405, added 1992, ch. 177, sec. 1, p. 561.]
Idaho Code § 55-2208 — Idaho Code / Title 55 / Chapter 22 / Section 55-2208
55-2208 DAMAGE TO UNDERGROUND FACILITIES — DUTIES OF EXCAVATOR AND OWNER — REPORTING OF DATA.
Status: in_force

55-2208. Damage to underground facilities — Duties of excavator and owner — reporting of data. (1) An excavator who, in the course of excavation, contacts or damages an underground facility shall notify the underground facility owner and the one-number notification service. If the damage causes an emergency condition or an actual breach of an underground facility that releases gas or hazardous liquids into the surrounding environment, the excavator causing the damage shall also alert the appropriate local public safety agencies by, at a minimum, calling 911, and take all appropriate steps to ensure the public safety. No damaged underground facility may be buried until it is repaired or relocated.

(2) The owner of the underground facilities damaged shall arrange for repairs or relocation as soon as is practical or may permit the excavator to do necessary repairs or relocation at a mutually acceptable price.

(3) Any party responsible for damages to an underground facility shall be liable for the cost of repairs.

(4) The board shall adopt by rule a procedure for the processing of claims related to damages to underground facilities.

(5) Underground facility owners who observe or suffer damage to an underground facility and excavators who observe or suffer excavator downtime related to a failure of one (1) or more stakeholders to comply with applicable damage prevention regulations shall report such information to the board in accordance with the rules promulgated by the board. Reporting of such data does not constitute a complaint provided for in section 55-2211, Idaho Code.

History:

[(55-2208) 55-2206, added 1990, ch. 351, sec. 1, p. 943; am. 2002, ch. 351, sec. 2, p. 1003; am. and redesig. 2016, ch. 325, sec. 8, p. 901; am. 2019, ch. 182, sec. 3, p. 589.]
Idaho Code § 55-3207 — Idaho Code / Title 55 / Chapter 32 / Section 55-3207
55-3207 HOMEOWNER'S ASSOCIATION LIENS.
Status: in_force

55-3207. Homeowner's association liens. (1) A homeowner's association may levy an assessment against a lot for the reasonable costs incurred in the maintenance of common areas consisting of real property owned and maintained by the homeowner's association.

(2)(a) A homeowner's association claiming a lien under subsection (1) of this section must file a claim in the county in which the lot or some part thereof is located. The claim must contain:

(i) A true statement of the amount due for the unpaid assessments after deducting all just credits and offsets;

(ii) The name of the lot owner, or reputed owner, if known;

(iii) The name of the homeowner's association; and

(iv) A description, sufficient for identification, of the property to be charged with the lien.

(b) When a claim has been filed and recorded pursuant to this section and the owner of the lot subject to the claim thereafter fails to pay any assessment chargeable to such lot, then as long as the original or any subsequent unpaid assessment remains unpaid, such claim shall automatically accumulate the subsequent unpaid assessments without the necessity of further filings under this section.

(c) The claim must be verified by the oath of an individual having knowledge of the facts and must be recorded by the county recorder. The record will be indexed as other liens are required by law to be indexed.

(d) Within five (5) business days after recording a lien on the property, the homeowner's association shall serve, by personal delivery to the owner or reputed owner or by certified mail to the last known address of the owner or reputed owner, a true and correct copy of the recorded lien.

(3) The lien may be enforced by the board acting on behalf of the homeowner's association.

(4) This section does not prohibit a homeowner's association from pursuing an action to recover sums for which subsection (1) of this section creates a lien or from taking a deed in lieu of foreclosure in satisfaction of the lien.

(5) An action to recover a money judgment for unpaid assessments may be maintained without foreclosing or waiving the lien securing the claim for unpaid assessments. However, recovery on the action operates to satisfy the lien, or the portion thereof, for which recovery is made.

History:

[55-3207, added 2022, ch. 323, sec. 4, p. 1042.]
Idaho Code § 55-2103 — Idaho Code / Title 55 / Chapter 21 / Section 55-2103
55-2103 PERSONS WHO MAY BRING ACTIONS — POWERS OF THE COURT.
Status: in_force

55-2103. Persons who may bring actions — Powers of the court. (1) An action affecting a conservation easement may be brought by:

(a) An owner of an interest in the real property burdened by the easement;

(b) A holder of the easement;

(c) A person having a third-party right of enforcement; or

(d) A person authorized by other law.

(2) This chapter does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.

History:

[55-2103, added 1988, ch. 222, sec. 1, p. 423.]