Idaho Code § 55-3202 — Idaho Code / Title 55 / Chapter 32 / Section 55-3202
55-3202 LEGISLATIVE INTENT.
Status: in_force

55-3202. LEGISLATIVE INTENT. An increasing number of Idahoans reside within homeowner's associations. To protect the rights of current and subsequent property owners within a homeowner's association, it is the intent of the legislature to ensure the transparent operation and inclusive management of these associations, balancing the rights of all owners within homeowner's associations to promote harmony and respect for community standards and to protect the rights of individuals and neighbors in the community.

History:

[55-3202, added 2022, ch. 323, sec. 4, p. 1039.]
Idaho Code § 55-2007 — Idaho Code / Title 55 / Chapter 20 / Section 55-2007
55-2007 REQUIRED RENTAL AGREEMENT PROVISIONS AND EXCLUSIONS — DISCLOSURES.
Status: in_force

55-2007. Required rental agreement provisions and exclusions — Disclosures. (1) Any rental agreement executed between the landlord and resident shall contain:

(a) The terms for the payment of rent, including the time and place for payment, and a description of any other charges to be paid to the landlord by the resident. Other charges that occur less frequently than monthly shall be itemized in a billing to the resident;

(b) A description of the utilities and services which are included in the monthly rent;

(c) The rules of the community;

(d) The names and addresses of the manager of the community and the owner of the community or a person who resides in the state who is authorized to act as agent for the owner; and

(e) The terms and conditions under which any deposit or portion thereof may be withheld by the landlord upon termination of the rental agreement if any moneys are paid to the landlord by the resident as a deposit or as security for performance of the resident's obligations in a rental agreement.

(2) Any rental agreement executed between the landlord and resident shall not contain:

(a) Any provision by which the resident agrees to waive or forgo rights or remedies under this chapter;

(b) Any provision allowing the landlord to charge an "entrance fee" or an "exit fee." The expense of repairs or maintenance required by the landlord as a condition of the landlord's approval of a rental application shall not constitute an "entrance fee" or "exit fee" as those terms are used herein; or

(c) Any provision which unreasonably restricts access to the community by invitees of the resident.

(3) The following terms and conditions shall be an implicit part of any rental agreement between the landlord and resident:

(a) The landlord shall provide a base upon which the home is to be located and, in the case of a mobile or manufactured home, the base shall be prepared in accordance with the provisions of section 44-2201, Idaho Code.

(b) The landlord shall, prior to removal of the wheels and axles, approve the positioning of the home upon the lot.

(c) The landlord shall not permit any portion of the home, including the tongue, to extend into a roadway.

(d) The landlord shall maintain street lights, entry lights and common area lighting, if any, in good working condition.

(e) The landlord shall have the right of entry upon the lot for maintenance of utilities, protection of the community and periodic inspection of the premises, but shall not, except in the case of emergency or suspected abandonment by the resident, otherwise have the right of entry to such lot without the consent of the resident.

(f) The landlord shall notify each resident within fifteen (15) days after a petition has been filed by the landlord for a change in the zoning of the land upon which the community is situated.

(4) Upon request, the landlord shall, prior to the execution of a rental agreement, provide the resident with a written statement containing the following information:

(a) The name, address and telephone number of the owner or manager of the community.

(b) A general description of the types of homes which may be brought into the community.

(c) A general description of the boundaries of the lot to be provided.

(d) A description of the utilities and services which are included in the rent.

(e) A description of other utilities and services which are available within the community.

(f) A description of the zoning under which the community operates, and the governmental entity having zoning jurisdiction.

(g) The date and amount of the most recent rent increase.

History:

[55-2007, added 1980, ch. 177, sec. 1, p. 376; am. 1988, ch. 196, sec. 5, p. 371; am. 1993, ch. 380, sec. 2, p. 1395; am. 2011, ch. 184, sec. 7, p. 526; am. 2017, ch. 134, sec. 12, p. 322.]
Idaho Code § 55-816 — Idaho Code / Title 55 / Chapter 8 / Section 55-816
55-816 AFFIDAVITS.
Status: in_force

55-816. Affidavits. Any affidavit setting forth facts showing or explaining marital status, identity of persons, possession of real property when the title thereof is deraigned through tax deed, delivery of deed by grantor during grantor's lifetime, occupation of real property as a homestead, date of birth, date of death, date of marriage, or place of residence, with respect to any person mentioned in any recorded instrument affecting title to real property, and also any affidavit as to the identification of plats or descriptions of real property signed by the grantor and grantee named in the document of transfer which contains the descriptions being corrected or, if the grantor is not available, then the affidavit must be signed by the grantee and indexed under the name of both the grantor and grantee, may be recorded in the office of the county recorder of the county wherein the real property is situate; and any such recorded affidavit or the record or certified copy thereof whether heretofore or hereafter recorded shall constitute a part of the record of title to the real property to which it relates and may be received in evidence in any cause affecting the title to such real property, by all courts and all boards, and before all officers, in the state of Idaho as part of such record of title.

History:

[55-816, added 1945, ch. 84, sec. 1, p. 130; am. 2000, ch. 377, sec. 1, p. 1237.]
Idaho Code § 55-1005 — Idaho Code / Title 55 / Chapter 10 / Section 55-1005
55-1005 TO WHAT JUDGMENTS SUBJECT.
Status: in_force

55-1005. To what judgments subject. The homestead is subject to execution or forced sale in satisfaction of judgments obtained:

(1) Before the homestead was in effect, and which constitute liens upon the premises; or in an action in which an attachment was levied upon the premises before the homestead became effective.

(2) On debts secured by mechanic's, laborer's or vendor's lien upon the premises.

(3) On debts secured by mortgages, deeds of trust or other consensual liens upon the premises, executed and acknowledged by the husband and wife or by an unmarried claimant.

(4) On debts secured by mortgages, deeds of trust or other consensual liens upon the premises, executed and recorded before the homestead became effective.

History:

[55-1005, added 1989, ch. 371, sec. 2, p. 935.]
Idaho Code § 55-910 — Idaho Code / Title 55 / Chapter 9 / Section 55-910
55-910 UNIFORM VOIDABLE TRANSACTIONS ACT — DEFINITIONS.
Status: in_force

55-910. Uniform voidable transactions act — Definitions. As used in this act:

(1) "Affiliate" means:

(a) A person that directly or indirectly owns, controls, or holds with power to vote, twenty percent (20%) or more of the outstanding voting securities of the debtor, other than a person that holds the securities:

1. as a fiduciary or agent without sole discretionary power to vote the securities; or

2. solely to secure a debt, if the person has not in fact exercised the power to vote;

(b) A corporation twenty percent (20%) or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person that directly or indirectly owns, controls, or holds with power to vote, twenty percent (20%) or more of the outstanding voting securities of the debtor, other than a person that holds the securities:

1. as a fiduciary or agent without sole discretionary power to vote the securities; or

2. solely to secure a debt, if the person has not in fact exercised the power to vote;

(c) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or

(d) A person that operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets.

(2) "Asset" means property of a debtor, but the term does not include:

(a) Property to the extent it is encumbered by a valid lien;

(b) Property to the extent it is generally exempt under nonbankruptcy law.

(3) "Claim" means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.

(4) "Creditor" means a person that has a claim.

(5) "Debt" means liability on a claim.

(6) "Debtor" means a person that is liable on a claim.

(7) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

(8) "Insider" includes:

(a) If the debtor is an individual:

1. a relative of the debtor or of a general partner of the debtor;

2. a partnership in which the debtor is a general partner;

3. a general partner in a partnership described in subsection (7)(a)2. of this section; or

4. a corporation of which the debtor is a director, officer, or person in control;

(b) If the debtor is a corporation:

1. a director of the debtor;

2. an officer of the debtor;

3. a person in control of the debtor;

4. a partnership in which the debtor is a general partner;

5. a general partner in a partnership described in subsection (7)(b)4. of this section; or

6. a relative of a general partner, director, officer, or person in control of the debtor;

(c) If the debtor is a partnership:

1. a general partner in the debtor;

2. a relative of a general partner in, or a general partner of, or a person in control of the debtor;

3. another partnership in which the debtor is a general partner;

4. a general partner in a partnership described in subsection (7)(c)3. of this section; or

5. a person in control of the debtor;

(d) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and

(e) A managing agent of the debtor.

(9) "Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien.

(10) "Organization" means a person other than an individual.

(11) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal entity.

(12) "Property" means anything that may be the subject of ownership.

(13) "Record" 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.

(14) "Relative" means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree.

(15) "Sign" means, with present intent to authenticate or adopt a record:

(a) To execute or adopt a tangible symbol; or

(b) To attach to or logically associate with the record an electronic symbol, sound or process.

(16) "Transfer" means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, license and creation of a lien or other encumbrance.

(17) "Valid lien" means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.

History:

[55-910, added 1987, ch. 202, sec. 2, p. 423; am. 2015, ch. 342, sec. 1, p. 1290.]
Idaho Code § 55-503 — Idaho Code / Title 55 / Chapter 5 / Section 55-503
55-503 TRANSFER BY DISSEIZEE.
Status: in_force

55-503. Transfer by disseizee. Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession.

History:

[(55-503) 1863, p. 528, sec. 33; R.S., sec. 2902; reen. R.C. & C.L., sec. 3099; C.S., sec. 5367; I.C.A., sec. 54-503.]
Idaho Code § 55-1008 — Idaho Code / Title 55 / Chapter 10 / Section 55-1008
55-1008 HOMESTEAD EXEMPT FROM EXECUTION — WHEN PRESUMED VALID.
Status: in_force

55-1008. Homestead exempt from execution — When presumed valid. (1) Except as provided in section 55-1005, Idaho Code, the homestead is exempt from attachment and from execution or forced sale for the debts of the owner up to the amount specified in section 55-1003, Idaho Code. The proceeds of the voluntary sale of the homestead in good faith for the purpose of acquiring a new homestead, and proceeds from insurance covering destruction of homestead property held for use in restoring or replacing the homestead property, up to the amount specified in section 55-1003, Idaho Code, shall likewise be exempt for one (1) year from receipt, and also such new homestead acquired with such proceeds.

(2) Every homestead created under this chapter is presumed to be valid to the extent of all the property claimed exempt, until the validity thereof is contested in a court of general jurisdiction in the county in which the homestead is situated.

History:

[55-1008, added 1989, ch. 371, sec. 2, p. 936.]
Idaho Code § 55-208 — Idaho Code / Title 55 / Chapter 2 / Section 55-208
55-208 TERMINATION OF TENANCY AT WILL.
Status: in_force

55-208. Termination of tenancy at will. A tenancy or other estate at will, however created, may be terminated:

(1) By the landlord's giving notice in writing to the tenant, in the manner prescribed by the code of civil procedure, to remove from the premises within a period of not less than one (1) month, to be specified in the notice; or

(2) By the tenant giving notice in writing to the landlord that the tenant will be vacating the premises, on a date as specified in the notice, but not less than one (1) month from the date of notice.

History:

[(55-208) R.S., sec. 2857; reen. R.C. & C.L., sec. 3078; C.S., sec. 5346; I.C.A., sec. 54-208; am. 2002, ch. 295, sec. 1, p. 848.]
Idaho Code § 55-112 — Idaho Code / Title 55 / Chapter 1 / Section 55-112
55-112 FUTURE INTERESTS DEFEATED.
Status: in_force

55-112. Future interests defeated. A future interest, depending on the contingency of the death of any person without successors, heirs, issue or children, is defeated by the birth of a posthumous child of such person capable of taking by succession.

History:

[(55-112) R.S., sec. 2837; reen. R.C. & C.L., sec. 3068; C.S., sec. 5336; I.C.A., sec. 54-112.]
Idaho Code § 55-1108 — Idaho Code / Title 55 / Chapter 11 / Section 55-1108
55-1108 REPORT OF APPRAISERS.
Status: in_force

55-1108. Report of appraisers. Within ten (10) days after their appointment they must make to the judge a report in writing, which report must show the appraised value and their determination upon the matter of a division of the land claimed.

History:

[(55-1108) 1863, p. 575, sec. 3; R.S., sec. 3050; reen. R.C. & C.L., sec. 3188; C.S., sec. 5452; I.C.A., sec. 54-1108.]
Idaho Code § 55-2016 — Idaho Code / Title 55 / Chapter 20 / Section 55-2016
55-2016 ARBITRATION AND MEDIATION.
Status: in_force

55-2016. Arbitration and mediation. The landlord and resident may agree in writing to submit any dispute arising under the provisions of this chapter, or under the terms, conditions or performance of the rental agreement or under the rules of the community, to mediation or binding arbitration by an independent third party.

History:

[55-2016, added 1993, ch. 380, sec. 5, p. 1398; am. 2011, ch. 184, sec. 22, p. 534.]
Idaho Code § 55-1902 — Idaho Code / Title 55 / Chapter 19 / Section 55-1902
55-1902 DEFINITIONS.
Status: in_force

55-1902. Definitions. As used in this chapter:

(1) "Basis of bearing" means the bearing in degrees, minutes and seconds, or equivalent, of a line between two (2) monuments or two (2) monumented corners that serves as the reference bearing for all other lines on the survey; or a description of the bearing system used to include a complete citation of the datum, epoch, and name of the published projection must be shown on the survey. If a custom projection is used, the datum, epoch, and defining parameters of the projection sufficient to replicate the bearing system shall also be shown on the survey. For surveys where the bearing system is shown in accordance with this subsection, the convergence angle computed at a minimum of one monument on the survey must be shown.

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

(3) "GPS" is the abbreviation for global positioning system, which is satellite surveying based on observations of the electromagnetic signals broadcast from the U.S. department of defense's NAVSTAR GPS system.

(4) "Idaho coordinate system" means that system of plane coordinates as established and designated by chapter 17, title 55, Idaho Code.

(5) "Land survey" means measuring the field location of corners that:

(a) Determine the boundary or boundaries common to two (2) or more ownerships;

(b) Retrace or establish land boundaries;

(c) Retrace or establish boundary lines of public roads, streets, alleys or trails; or

(d) Plat lands and subdivisions thereof.

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

(7) "Property controlling corner" 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.

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

(9) "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 and the U.S. department of the interior, bureau of land management.

(10) "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 known and recorded, that serves to locate the corner.

(11) "Surveyor" means every person authorized by the state of Idaho to practice the profession of land surveying.

History:

[55-1902, added 1978, ch. 107, sec. 1, p. 221; am. 1997, ch. 190, sec. 17, p. 529; am. 2004, ch. 83, sec. 1, p. 311; am. 2011, ch. 136, sec. 17, p. 394; am. 2017, ch. 86, sec. 2, p. 233; am. 2022, ch. 43, sec. 8, p. 121; am. 2024, ch. 62, sec. 2, p. 308.]
Idaho Code § 55-3010 — Idaho Code / Title 55 / Chapter 30 / Section 55-3010
55-3010 AMENDMENT OR TERMINATION BY CONSENT.
Status: in_force

55-3010. Amendment or termination by consent. (1) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:

(a) The agency;

(b) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;

(c) Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and

(d) Except as otherwise provided in subsection (4)(b) of this section, the holder.

(2) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.

(3) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.

(4) Except as otherwise provided in an environmental covenant:

(a) A holder may not assign its interest without consent of the other parties;

(b) A holder may be removed and replaced by agreement of the other parties specified in subsection (1) of this section; and

(c) A court of competent jurisdiction may fill a vacancy in the position of holder.

History:

[55-3010, added 2006, ch. 15, sec. 1, p. 39.]
Idaho Code § 55-3001 — Idaho Code / Title 55 / Chapter 30 / Section 55-3001
55-3001 SHORT TITLE.
Status: in_force

55-3001. Short title. This chapter shall be known and may be cited as the "Uniform Environmental Covenants Act."

History:

[55-3001, added 2006, ch. 15, sec. 1, p. 35.]
Idaho Code § 55-1705 — Idaho Code / Title 55 / Chapter 17 / Section 55-1705
55-1705 STATED OR IMPLIED ACCURACY.
Status: in_force

55-1705. STATED OR IMPLIED ACCURACY. The accuracy of coordinates shall be as stated in the document containing the coordinates. The expression of coordinates to decimals of the units used may not be construed as a statement of expected accuracy or reliability, unless so stated in the document containing the coordinates. Statements of accuracy must be defined as relative, absolute, or both.

History:

[55-1705, added 2021, ch. 174, sec. 10, p. 485.]
Idaho Code § 55-810 — Idaho Code / Title 55 / Chapter 8 / Section 55-810
55-810 BOOKS OF RECORD.
Status: in_force

55-810. Books of record. Grants and conveyances absolute in terms, are to be recorded in one set of books and mortgages in another or in an approved electronic storage system containing segregated searchable and retrieval files.

History:

[(55-810) R.S., sec. 2999; reen. R.C. & C.L., sec. 3158; C.S., sec. 5422; I.C.A., sec. 54-810; am. 2005, ch. 243, sec. 9, p. 761.]
Idaho Code § 55-903 — Idaho Code / Title 55 / Chapter 9 / Section 55-903
55-903 POWER OF REVOCATION — WHEN DEEMED EXECUTED.
Status: in_force

55-903. Power of revocation — When deemed executed. Where a power to revoke or modify an instrument affecting the title to, or the enjoyment of, an estate in real property, is reserved to the grantor, or given to any other person, a subsequent grant of, or charge upon, the estate, by the person having the power of revocation, in favor of a purchaser or encumbrancer for value, operates as a revocation of the original instrument, to the extent of the power, in favor of such purchaser or encumbrancer.

History:

[(55-903) 1863, p. 540, sec. 4; R.S., sec. 3017; reen. R.C. & C.L., sec. 3166; C.S., sec. 5430; I.C.A., sec. 54-903.]
Idaho Code § 55-912 — Idaho Code / Title 55 / Chapter 9 / Section 55-912
55-912 VALUE DEFINED.
Status: in_force

55-912. Value defined. (1) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promissor's business to furnish support to the debtor or another person.

(2) For the purposes of sections 55-913(1)(b) and 55-914, Idaho Code, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.

(3) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.

History:

[55-912, added 1987, ch. 202, sec. 2, p. 425.]
Idaho Code § 55-2701 — Idaho Code / Title 55 / Chapter 27 / Section 55-2701
55-2701 SHORT TITLE.
Status: in_force

55-2701. Short title. This chapter shall be known as and may be cited as "The Floating Homes Residency Act."

History:

[55-2701, added 1998, ch. 194, sec. 1, p. 699.]
Idaho Code § 55-606 — Idaho Code / Title 55 / Chapter 6 / Section 55-606
55-606 CONCLUSIVENESS OF CONVEYANCE — BONA FIDE PURCHASERS.
Status: in_force

55-606. Conclusiveness of conveyance — Bona fide purchasers. Every grant or conveyance of an estate in real property is conclusive against the grantor, also against every one subsequently claiming under him, except a purchaser or encumbrancer, who in good faith, and for a valuable consideration, acquires a title or lien by an instrument or valid judgment lien that is first duly recorded.

History:

[(55-606) R.S., sec. 2929; reen. R.C. & C.L., sec. 3114; C.S., sec. 5378; I.C.A., sec. 54-606; am. 1989, ch. 107, sec. 1, p. 247.]
Idaho Code § 55-1609 — Idaho Code / Title 55 / Chapter 16 / Section 55-1609
55-1609 TO BE SIGNED BY PROFESSIONAL LAND SURVEYOR OR GOVERNMENT AGENT.
Status: in_force

55-1609. To be signed by professional land surveyor or government agent. No corner record shall be filed or recorded unless the same is signed by a professional land surveyor as defined herein, or, in the case of an agency of the United States government, the certificate may be signed by the survey party chief making the survey.

History:

[55-1609, added 1967, ch. 215, sec. 9, p. 647; am. 1972, ch. 162, sec. 6, p. 363; am. 1993, ch. 206, sec. 8, p. 567.]
Idaho Code § 55-2302 — Idaho Code / Title 55 / Chapter 23 / Section 55-2302
55-2302 RESTRICTIVE USE OF TERMS.
Status: in_force

55-2302. Restrictive use of terms. A self-service storage facility is not a warehouse or a public utility.

History:

[55-2302, added 1990, ch. 381, sec. 1, p. 1056.]
Idaho Code § 55-1107 — Idaho Code / Title 55 / Chapter 11 / Section 55-1107
55-1107 APPRAISAL.
Status: in_force

55-1107. Appraisal. They must view the premises and appraise the value thereof, and if the appraised value exceeds the homestead exemption, they must determine whether the land claimed can be divided without material injury.

History:

[(55-1107) 1863, p. 575, sec. 3; R.S., sec. 3049; reen. R.C. & C.L., sec. 3187; C.S., sec. 5451; I.C.A., sec. 54-1107.]
Idaho Code § 55-1703 — Idaho Code / Title 55 / Chapter 17 / Section 55-1703
55-1703 PLANE COORDINATES.
Status: in_force

55-1703. PLANE COORDINATES. (1) The plane coordinates to be used in expressing the position or location of a point in the appropriate zone of the IPCS shall consist of two (2) distances expressed in the units of measure used by the NGS at the time the SPCS is published. The east x-coordinate shall give the distance east of the y-axis, and the north y-coordinate shall give the distance north of the x-axis. The y-axis of any zone shall be parallel with the central meridian of that zone. The x-axis of any zone shall be at right angles to the central meridian of that zone.

(2) The coordinates described in subsection (1) of this section shall be made to depend upon and conform to the most recent system of plane coordinates, known as the SPCS and based upon the NSRS as maintained and provided by the NGS or its successors, provided such system has been adopted by administrative rule by the board.

History:

[55-1703, added 2021, ch. 174, sec. 7, p. 485.]
Idaho Code § 55-108 — Idaho Code / Title 55 / Chapter 1 / Section 55-108
55-108 INHERITANCE BY POSTHUMOUS CHILDREN.
Status: in_force

55-108. Inheritance by posthumous children. When a future interest is limited to successors, heirs, issue or children, posthumous children are entitled to take in the same manner as if living at the death of their parent.

History:

[55-108, added R.S., sec. 2833; reen. R.C. & C.L., sec. 3064; C.S., sec. 5332; I.C.A., sec. 54-108.]
Idaho Code § 55-2707 — Idaho Code / Title 55 / Chapter 27 / Section 55-2707
55-2707 FLOATING HOME MARINA — RULES AND REGULATIONS.
Status: in_force

55-2707. Floating home marina — Rules and regulations. (1) Subject to the provisions of this chapter and to the terms of the rental agreement, the landlord may establish reasonable rules and regulations governing the use and occupancy of a floating home marina. A rule or regulation may be amended at any time with the consent of the tenants or without their consent upon written notice of not less than six (6) months. Written notice of a proposed amendment to a new tenant whose tenancy commences within the required period of notice shall constitute compliance with this subsection where the written notice is given to the tenant before the inception of this tenancy.

(2) The landlord may enter a floating home in case of an apparent or actual emergency, when the tenant has abandoned the floating home, or as otherwise provided in the rental agreement.

(3) Management must disclose the name and address of the marina owner upon the request of the tenant.

History:

[55-2707, added 1998, ch. 194, sec. 1, p. 700.]
Idaho Code § 55-1512 — Idaho Code / Title 55 / Chapter 15 / Section 55-1512
55-1512 ACTIONS RELATING TO COMMON AREAS — PERSONS DESIGNATED TO RECEIVE PROCESS — NEW DESIGNATION FILED — SERVICE ON AUDITOR — COPY FROM AUDITOR TO MANAGEMENT BODY — APPLICATION OF CORPORATE LAW.
Status: in_force

55-1512. Actions relating to common areas — Persons designated to receive process — New designation filed — Service on auditor — Copy from auditor to management body — Application of corporate law. Except when a domestic corporation has been formed and designated in the declaration to serve as the management body to administer the project, at the time the declaration is recorded one (1) or more persons shall be designated to receive service of process in any action relating to the common areas and facilities. Such designation shall be filed with the county auditor in the county in which the project is located together with an acknowledgment in writing of acceptance of such designation by the person so designated. The person so designated shall be a resident of the state of Idaho, and service upon such person shall be the exclusive method of service in any action relating to the common areas and facilities. Upon termination of such person's capacity or authority to receive service, a new designation shall be made by the management body of the project, and such designation shall be filed with the county auditor in the county in which the project is located together with an acknowledgment in writing of acceptance of such designation by the person so designated. Upon failure to so designate a person to receive service of process and to file such designation and acceptance of such designation, service may be made upon the county auditor with like effect as though said service were made upon a person designated, and it shall be the duty of the county auditor to forward a copy of such summons served on him by registered mail to the management body of the project at the address or location last known, but no failure on the part of the county auditor to mail such copy of summons shall affect the validity of the service thereof. When a corporate organization is formed and designated as the management body, service of process on the corporation shall be as permitted by law, and the Idaho rules of civil procedure.

History:

[55-1512, added 1965, ch. 225, sec. 12, p. 515; am. 2005, ch. 110, sec. 1, p. 362.]
Idaho Code § 55-1801 — Idaho Code / Title 55 / Chapter 18 / Section 55-1801
55-1801 TITLE.
Status: in_force

55-1801. Title. This chapter shall be known and may be cited as the "Subdivided Lands Disposition Act."

History:

[55-1801, added 1972, ch. 276, sec. 1, p. 667; am. 2010, ch. 214, sec. 1, p. 468.]
Idaho Code § 55-504 — Idaho Code / Title 55 / Chapter 5 / Section 55-504
55-504 ORAL TRANSFERS.
Status: in_force

55-504. Oral transfers. A transfer may be made without writing, in every case in which a writing is not expressly required by statute.

History:

[(55-504) R.S., sec. 2903; reen. R.C. & C.L., sec. 3100; C.S., sec. 5368; I.C.A., sec. 54-504.]
Idaho Code § 55-507 — Idaho Code / Title 55 / Chapter 5 / Section 55-507
55-507 GRANT EFFECTIVE ON DEATH WITHOUT HEIRS.
Status: in_force

55-507. Grant effective on death without heirs. Where a future interest is limited by a grant to take effect on the death of any person without heirs, or heirs of his body, or without issue, or in equivalent words, such words must be taken to mean successors, or issue living at the death of the person named as ancestor.

History:

[(55-507) 1863, p. 528, sec. 44; R.S., sec. 2906; reen. R.C. & C.L., sec. 3103; C.S., sec. 5371; I.C.A., sec. 54-507.]
Idaho Code § 55-2207 — Idaho Code / Title 55 / Chapter 22 / Section 55-2207
55-2207 EXCAVATION CONTRACTS — LIMITATIONS — PRECAUTIONS TO AVOID DAMAGE — LIABILITY FOR DAMAGE.
Status: in_force

55-2207. Excavation contracts — Limitations — Precautions to avoid damage — Liability for damage. (1) Project owners shall indicate in bid or contract documents the existence of underground facilities known by the project owner to be located within the proposed area of excavation.

(2) An excavator shall use reasonable care to avoid damaging underground facilities. An excavator shall:

(a) Determine by hand digging, in the area twenty-four (24) inches or less from the facilities, the precise actual location of underground facilities that have been marked;

(b) Plan the excavation to avoid damage to or minimize interference with underground facilities in and near the excavation area; and

(c) Provide such support for underground facilities in and near the construction area, including during backfill operations, as may be reasonably necessary for the protection of such facilities.

(3) If an underground facility is damaged and such damage is the consequence of the failure to fulfill an obligation under this chapter, the party failing to perform that obligation shall be liable for the damage to the underground facility. Nothing in this chapter prevents the parties to an excavation contract from contracting with respect to the allocation of risk for changed or differing site conditions.

(4) In any action brought under this section, the prevailing party is entitled to reasonable attorney's fees.

History:

[(55-2207) 55-2205, added 1990, ch. 351, sec. 1, p. 942; am. and redesig. 2016, ch. 325, sec. 7, p. 901; am. 2023, ch. 191, sec. 4, p. 526.]
Idaho Code § 55-1807 — Idaho Code / Title 55 / Chapter 18 / Section 55-1807
55-1807 PUBLIC OFFERING STATEMENT.
Status: in_force

55-1807. Public offering statement. (1) A public offering statement shall disclose fully and accurately the physical characteristics of the subdivided lands offered and shall make known to prospective purchasers all unusual and material circumstances or features affecting the subdivided lands. The proposed public offering statement submitted to the commission shall be in a form prescribed by it and shall include the following:

(a) The name and principal address of the subdivider;

(b) A general description of the subdivided lands stating the total number of lots, parcels, units or interests in the offering;

(c) The significant terms of any encumbrances, easements, liens and restrictions, including zoning and other regulations, affecting the subdivided lands and each unit or lot, and a statement of all existing taxes and existing or proposed special taxes or assessments that affect the subdivided lands;

(d) A statement of the use for which the property is offered;

(e) Information concerning improvements in existence or under construction including streets, water supply, levees, drainage control systems, irrigation systems, sewage disposal facilities and customary utilities, and the estimated cost, date of completion and responsibility for construction and maintenance of existing and proposed improvements that are referred to in connection with the offering or disposition of any interest in subdivided lands; and

(f) Such of the information contained in the application for registration, and any amendments thereto, and such other information as the commission may require as being necessary or appropriate in the public interest or for the protection of purchasers.

(2) The public offering statement shall disclose, in a prominent place and in bold type, the right of rescission as required in section 55-1804A, Idaho Code.

(3) The public offering statement shall not be used for any promotional purposes before registration of the subdivided lands and afterwards only if it is used in its entirety. No person may advertise or represent that the commission approves or recommends the subdivided lands or disposition thereof. No portion of the public offering statement may be underscored, italicized or printed in larger or heavier or different color type than the remainder of the statement except as required by statute or rule of the commission.

(4) The commission may require the subdivider to alter or amend the proposed public offering statement in order to assure full and fair disclosure to prospective purchasers, and no change in the substance of the promotional plan or plan of disposition or development of the subdivision may be made after registration without notifying the commission and without making appropriate amendment of the public offering statement. A public offering statement is not current unless all amendments are incorporated.

(5) All advertising material of any nature prepared for use in connection with the offer and disposition of any interests in subdivided lands registered under this chapter shall be submitted to the commission prior to its use.

History:

[55-1807, added 1972, ch. 276, sec. 7, p. 667; am. 2010, ch. 214, sec. 8, p. 472.]
Idaho Code § 55-2209 — Idaho Code / Title 55 / Chapter 22 / Section 55-2209
55-2209 DUTIES OF PUBLIC AGENCY ISSUING EXCAVATION, BUILDING OR OTHER SIMILAR PERMITS.
Status: in_force

55-2209. Duties of public agency issuing excavation, building or other similar permits. (1) Any public agency, as defined in section 67-2327, Idaho Code, that has the authority to issue excavation, building or other similar permits shall notify persons seeking such permits of the existence of this chapter and the one-number notification service telephone number.

(2) A permit shall not be valid for excavation until or unless the notice provisions of this section have been complied with, and the portion of the permit directly relating to excavation may be suspended by the issuing public agency if the permit holder violates any provisions of this chapter. The issuing public agency shall reinstate the permit at no charge within forty-eight (48) hours of receiving evidence of compliance with the provisions of this chapter.

History:

[(55-2209) 55-2207, added 1990, ch. 351, sec. 1, p. 943; am. 1991, ch. 170, sec. 3, p. 412; am. and redesig. 2016, ch. 325, sec. 9, p. 902.]
Idaho Code § 55-1612 — Idaho Code / Title 55 / Chapter 16 / Section 55-1612
55-1612 PENALTY.
Status: in_force

55-1612. Penalty. Professional land surveyors failing to comply with the provisions hereof shall be subject to disciplinary action.

History:

[55-1612, added 1967, ch. 215, sec. 12, p. 647; am. 1989, ch. 103, sec. 1, p. 236; am. 1993, ch. 206, sec. 11, p. 567; am. 1997, ch. 190, sec. 15, p. 528; am. 2008, ch. 378, sec. 29, p. 1047; am. 2026, ch. 221, sec. 100, p. 979.]
Idaho Code § 55-2401 — Idaho Code / Title 55 / Chapter 24 / Section 55-2401
55-2401 DEFINITIONS.
Status: in_force

55-2401. Definitions. As used in this chapter:

(1) "Authorized person" means:

(a) An employee of a public utility, or a contractor or subcontractor or employee of a contractor or subcontractor of a public utility, which produces, transmits or delivers electricity, while the employee is working within the scope of his employment with or for the public utility;

(b) An employee of a public utility which provides and whose work relates to communication services or an employee of a state, county or municipal agency which has authorized circuit construction on or near the poles or structures of a public utility, while the employee is working within the scope of his employment;

(c) An employee of an industrial plant whose work relates to the electrical system of the industrial plant, while the employee is working within the scope of his employment;

(d) An employee of a cable television or communication services company or an employee of a contractor of a cable television or communication services company, if specifically authorized by the owner of the poles to make cable television or communication services attachments, while the employee is working within the scope of his employment; or

(e) An employee or agent of a state, county or municipal agency which has or whose work relates to overhead electrical lines or circuit construction or conductors on poles or structures of any type, while the employee is working within the scope of his employment.

(2) "Contractor" means any person, sole proprietorship, partnership, joint venture, corporation, or other business entity doing business in the state of Idaho which contracts, subcontracts or otherwise agrees or undertakes to perform any function or activity upon any land, building, highway, waterway or other premises.

(3) "High voltage" means voltage in excess of six hundred (600) volts measured between conductors or between a conductor and the ground.

(4) "Overhead line" means all electrical conductors installed above ground.

(5) "Person" means any individual or business entity of any kind.

(6) "Public utility" means any publicly, cooperatively or privately owned utility which owns or operates a high voltage overhead line.

History:

[55-2401, added 1992, ch. 177, sec. 1, p. 559; am. 2000, ch. 319, sec. 1, p. 1076.]
Idaho Code § 55-1515 — Idaho Code / Title 55 / Chapter 15 / Section 55-1515
55-1515 OWNERS PROPORTIONATELY LIABLE FOR COMMON AREAS — REMAINING BALANCE NOT PREJUDICED BY SETTLEMENT — INDEMNIFICATION.
Status: in_force

55-1515. Owners proportionately liable for common areas — Remaining balance not prejudiced by settlement — Indemnification. Each condominium owner's liability for claims, judgments or awards arising out of or in connection with the ownership, use, operation or management of the common areas, is limited to a proportionate sum which equals the amount of any such claim, judgment or award multiplied by the percentage interest in the common areas allocated to such ownership by the declaration as provided in section 55-1505(1)(c). In any suit to establish liability for claims, judgments or awards arising out of or in connection with the ownership, use, operation or management of the common areas there shall be introduced no evidence as to the percentage interest in the common area of any condominium owner until and unless such fact becomes material and liability is fixed by judgment or agreed upon in writing signed by all affected parties to the litigation and filed with the court. Any condominium owner may compromise or settle his portion of any such claim without prejudice to the remaining balance thereof and without the same constituting evidence or an admission for or against any such claimant.

The provisions of this section shall not alter or affect the respective rights and obligations of condominium owners to or between one another to the extent that one or more may have any legal right arising from contract, statute, or the common law to be wholly or partially indemnified by one or more other persons who are likewise owners of condominiums within the same said project.

History:

[55-1515, added 1965, ch. 225, sec. 15, p. 515.]
Idaho Code § 55-1816 — Idaho Code / Title 55 / Chapter 18 / Section 55-1816
55-1816 JUDICIAL REVIEW.
Status: in_force

55-1816. Judicial review. A person who has exhausted all administrative remedies available within the commission and who is aggrieved by any final decision of the commission is entitled to judicial review in accordance with chapter 52, title 67, Idaho Code.

History:

[55-1816, added 1972, ch. 276, sec. 16, p. 667.]
Idaho Code § 55-801 — Idaho Code / Title 55 / Chapter 8 / Section 55-801
55-801 WHAT MAY BE RECORDED.
Status: in_force

55-801. What may be recorded. Any instrument or judgment affecting the title to or possession of real property may be recorded under this chapter.

History:

[(55-801) R.S., sec. 2990; reen. R.C. & C.L., sec. 3149; C.S., sec. 5413; I.C.A., sec. 54-801.]
Idaho Code § 55-203 — Idaho Code / Title 55 / Chapter 2 / Section 55-203
55-203 LIMITATION OF SUCCESSIVE LIFE ESTATES.
Status: in_force

55-203. Limitation of successive life estates. Successive estates for life cannot be limited, except to persons in being at the creation thereof, and all life estates subsequent to those of persons in being are void; and upon the death of those persons the remainder, if valid in its creation, takes effect in the same manner as if no other life estate had been created.

History:

[(55-203) R.S., sec. 2852; reen. R.C. & C.L., sec. 3073; C.S., sec. 5341; I.C.A., sec. 54-203.]
Idaho Code § 55-2702 — Idaho Code / Title 55 / Chapter 27 / Section 55-2702
55-2702 LEGISLATIVE POLICY.
Status: in_force

55-2702. Legislative policy. The legislature finds and declares that, because of current governmental policy limiting the availability of moorage sites both within and outside a floating home marina, the historic value of existing floating homes moored on the waters of the state, the investment in these floating homes and floating home marinas, and the cost of relocating a floating home, it is necessary that the owners of floating homes within a floating home marina be provided with the unique protection from actual or constructive eviction and the other protections afforded by the provisions of this chapter.

History:

[55-2702, added 1998, ch. 194, sec. 1, p. 699.]
Idaho Code § 55-114 — Idaho Code / Title 55 / Chapter 1 / Section 55-114
55-114 FUTURE INTERESTS NOT DEFEATED BY PREMATURE DETERMINATION OF PRECEDENT ESTATE.
Status: in_force

55-114. Future interests not defeated by premature determination of precedent estate. No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency on which the future interest is limited to take effect; but should such contingency afterward happen, the future interest takes effect in the same manner and to the same extent as if the precedent interest had continued to the same period.

History:

[(55-114) R.S., sec. 2839; reen. R.C. & C.L., sec. 3070; C.S., sec. 5338; I.C.A., sec. 54-114.]
Idaho Code § 55-907 — Idaho Code / Title 55 / Chapter 9 / Section 55-907
55-907 TRANSFERS IN FRAUD OF CREDITORS — DELIVERY AND CHANGE OF POSSESSION.
Status: in_force

55-907. Transfers in fraud of creditors — Delivery and change of possession. Every transfer of personal property other than a thing in action, and every lien thereon, other than (a) any transfer in connection with security interest created under the Uniform Commercial Code, is presumed, if made by a person having at the time the possession or control of the property, and not accompanied by an immediate delivery and followed by an actual and continued change of possession of the things transferred, to be fraudulent, and therefore void, against those who are his creditors while he remains in possession, and the successors in interests of such creditor, and against any persons on whom his estate devolves in trust for the benefit of others than himself, and against purchasers or encumbrancers in good faith subsequent to the transfer.

History:

[(55-907) 1863, p. 540, sec. 15; R.S., sec. 3021; reen. R.C. & C.L., sec. 3170; C.S., sec. 5434; I.C.A., sec. 54-907; am. 1967, ch. 272, sec. 27, p. 745.]
Idaho Code § 55-1803 — Idaho Code / Title 55 / Chapter 18 / Section 55-1803
55-1803 ADMINISTRATION OF CHAPTER.
Status: in_force

55-1803. Administration of chapter. This chapter shall be administered by the Idaho real estate commission.

History:

[55-1803, added 1972, ch. 276, sec. 3, p. 667; am. 2010, ch. 214, sec. 3, p. 469.]
Idaho Code § 55-1115 — Idaho Code / Title 55 / Chapter 11 / Section 55-1115
55-1115 COSTS OF PROCEEDINGS.
Status: in_force

55-1115. Costs of proceedings. The execution creditor must pay the costs of these proceedings in the first instance; but if the appraised value exceeds the homestead exemption the amount so paid must be added as costs on execution, and collected accordingly.

History:

[(55-1115) R.S., sec. 3057; reen. R.C. & C.L., sec. 3195; C.S., sec. 5459; I.C.A., sec. 54-1115.]
Idaho Code § 55-1507 — Idaho Code / Title 55 / Chapter 15 / Section 55-1507
55-1507 CONTENTS OF BYLAWS.
Status: in_force

55-1507. Contents of bylaws. The bylaws referred to in section 55-1506, Idaho Code, when required, shall provide for at least the following:

(a) The election from among the unit owners of a board of managers, the number of persons constituting such board, and that the terms of at least one third (1/3) of the members of the board shall expire annually; the powers and duties of the board; the compensation, if any, of the members of the board; the method of removal from office of members of the board; and whether or not the board may engage the services of a manager or managing agent.

(b) Method of calling meetings of the unit owners; what percentage of the unit owners, if other than a majority, shall constitute a quorum.

(c) Election of a president from among the board of managers, who shall preside over the meetings of the board of managers and of the unit owners.

(d) Election of a secretary, who shall keep the minutes of all meetings of the board of managers and of the unit owners and who shall, in general, perform all the duties incident to the office of secretary.

(e) Election of a treasurer, who shall keep the financial records and books of account.

(f) Maintenance, repair and replacement of the common elements and payments therefor, including the method of approving payment vouchers.

(g) Method of estimating the amount of the annual budget, and the manner of assessing and collecting from the unit owners their respective shares of such estimated expenses, and of any other expenses lawfully agreed upon.

(h) That after notice received by the manager or board of managers and within five (5) business days thereafter, any unit owner shall be furnished a statement of his account setting forth the amount of any unpaid assessments or other charges due and owing from such owner and other amounts set forth in section 55-1528, Idaho Code.

(i) Designation and removal of personnel necessary for the maintenance, repair and replacement of the common elements.

(j) Such restrictions on and requirements respecting the use and maintenance of the units and the use of the common elements, not set forth in the declaration, as are designed to prevent unreasonable interference with the use of their respective units and of the common elements by the several unit owners.

(k) Method of adopting and of amending administrative rules and regulations governing the operation and use of the common elements.

(l) The percentage of votes required to modify or amend the bylaws, but each one of the particulars set forth in this section shall always be embodied in the bylaws.

History:

[55-1507, added 1965, ch. 225, sec. 7, p. 515; am. 2018, ch. 205, sec. 2, p. 457.]
Idaho Code § 55-1911 — Idaho Code / Title 55 / Chapter 19 / Section 55-1911
55-1911 ERROR OF CLOSURE.
Status: in_force

55-1911. Error of closure. Any survey of land involving property boundaries including, but not limited to, public land survey lines, shall be conducted in such a manner as to produce an unadjusted mathematical error of closure of each area bounded by property lines within the survey of not more than one (1) part in five thousand (5,000).

History:

[55-1911, added 1984, ch. 263, sec. 1, p. 637; am. 2011, ch. 136, sec. 20, p. 395.]
Idaho Code § 55-1709 — Idaho Code / Title 55 / Chapter 17 / Section 55-1709
55-1709 DESCRIPTION BY COORDINATE NOT MANDATORY.
Status: in_force

55-1709. Description by coordinate not mandatory. Nothing contained in this chapter shall require any lessee, purchaser, or mortgagee of real property or any right in real property to rely wholly on a land description, any part of which depends exclusively upon coordinates of the IPCS.

History:

[55-1709, added 1967, ch. 275, sec. 9, p. 771; am. 1995, ch. 70, sec. 8, p. 183; am. 2021, ch. 174, sec. 15, p. 486.]
Idaho Code § 55-3209 — Idaho Code / Title 55 / Chapter 32 / Section 55-3209
55-3209 POLITICAL SIGNS.
Status: in_force

55-3209. political signs. (1) 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 display of a political sign.

(2) A homeowner's association may adopt reasonable rules, subject to any applicable laws or ordinances, regarding the time, size, place, number, and manner of display of political signs.

(3) A homeowner's association may remove a political sign without liability if the sign:

(a) Is placed within the common areas, including limited common areas, other property or improvements owned or maintained by the homeowner's association, or property owned in common by the members of the homeowner's association;

(b) Threatens the public health or safety;

(c) Violates an applicable law or ordinance; or

(d) Is accompanied by sound or music or if any other materials are attached to the political sign.

(4) Except as provided in subsection (3) of this section, a homeowner's association shall not remove a political sign 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.

(5) For the purpose of this chapter, "political sign" means any fixed, ground-mounted display in support of or in opposition to a candidate for office or a ballot measure.

History:

[55-3209, added 2022, ch. 323, sec. 4, p. 1043.]
Idaho Code § 55-2107 — Idaho Code / Title 55 / Chapter 21 / Section 55-2107
55-2107 EMINENT DOMAIN.
Status: in_force

55-2107. Eminent domain. A conservation easement pursuant to this chapter shall not be created through eminent domain proceedings pursuant to chapter 7, title 7, Idaho Code.

History:

[55-2107, added 1988, ch. 222, sec. 1, p. 424.]
Idaho Code § 55-106 — Idaho Code / Title 55 / Chapter 1 / Section 55-106
55-106 CONTINGENT INTERESTS.
Status: in_force

55-106. Contingent interests. A future interest is contingent whilst the person in whom, or the event upon which, it is limited to take effect remains uncertain.

History:

[55-106, added R.S., sec. 2831; reen. R.C. & C.L., sec. 3062; C.S., sec. 5330; I.C.A., sec. 54-106.]
Idaho Code § 55-1527 — Idaho Code / Title 55 / Chapter 15 / Section 55-1527
55-1527 ZONING LAWS APPLIED WHERE NOT INCONSISTENT.
Status: in_force

55-1527. Zoning laws applied where not inconsistent. Except where inconsistent with the provisions or purposes of this act, state and local laws relating to plats, recording, subdivisions or zoning shall apply to condominiums and to projects as herein defined.

History:

[55-1527, added 1965, ch. 225, sec. 27, p. 515.]
Idaho Code § 55-101B — Idaho Code / Title 55 / Chapter 1 / Section 55-101B
55-101B “CONDOMINIUM” DEFINED.
Status: in_force

55-101B. "Condominium" defined. A condominium is an estate consisting of (i) an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof, together with (ii) a separate interest in real property, in an interest or interests in real property, or in any combination thereof.

History:

[55-101B, added 1965, ch. 104, sec. 2, p. 190.]
Idaho Code § 55-101 — Idaho Code / Title 55 / Chapter 1 / Section 55-101
55-101 REAL PROPERTY DEFINED.
Status: in_force

55-101. Real property defined. Real property or real estate consists of:

1. Lands, possessory rights to land, ditch and water rights, and mining claims, both lode and placer.

2. That which is affixed to land.

3. That which is appurtenant to land.

History:

[(55-101) R.S., sec. 2825; reen. R.C. & C.L., sec. 3056; C.S., sec. 5325; I.C.A., sec. 54-101.]
Idaho Code § 55-2720 — Idaho Code / Title 55 / Chapter 27 / Section 55-2720
55-2720 VENUE.
Status: in_force

55-2720. Venue. Venue for any action arising under this chapter shall be in the district court of the county in which the floating home marina is located.

History:

[55-2720, added 1998, ch. 194, sec. 1, p. 705.]
Idaho Code § 55-3004 — Idaho Code / Title 55 / Chapter 30 / Section 55-3004
55-3004 CONTENTS OF ENVIRONMENTAL COVENANT.
Status: in_force

55-3004. Contents of environmental covenant. (1) An environmental covenant must:

(a) State that the instrument is an environmental covenant executed pursuant to this chapter;

(b) Contain a legally sufficient description of the real property subject to the covenant;

(c) Describe the activity and use limitations on the real property;

(d) Identify every holder;

(e) Be signed by the agency, every holder, and unless waived by the agency every owner of the fee simple of the real property subject to the covenant; and

(f) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.

(2) In addition to the information required by subsection (1) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:

(a) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;

(b) Requirements for periodic reporting describing compliance with the covenant;

(c) Rights of access to the property granted in connection with implementation or enforcement of the covenant;

(d) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;

(e) Limitation on amendment or termination of the covenant in addition to those contained in sections 55-3009 and 55-3010, Idaho Code; and

(f) Rights of the holder in addition to its right to enforce the covenant pursuant to section 55-3011, Idaho Code.

(3) In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.

History:

[55-3004, added 2006, ch. 15, sec. 1, p. 36.]
Idaho Code § 55-2802 — Idaho Code / Title 55 / Chapter 28 / Section 55-2802
55-2802 NO CAUSE OF ACTION.
Status: in_force

55-2802. No cause of action. No cause of action shall arise against an owner of real property or a representative of the owner for a failure to disclose to the transferee of the real property or a representative of the transferee that the real property was psychologically impacted.

History:

[(55-2802) 55-2702, added 1998, ch. 335, sec. 1, p. 1081; am. and redesig. 2005, ch. 25, sec. 110, p. 128.]
Idaho Code § 55-209 — Idaho Code / Title 55 / Chapter 2 / Section 55-209
55-209 TERMINATION OF TENANCY AT WILL — RIGHTS OF LANDLORD.
Status: in_force

55-209. Termination of tenancy at will — Rights of landlord. After such notice has been served, and the period specified by such notice has expired, but not before, the landlord may reenter, or proceed according to law to recover possession.

History:

[(55-209) R.S., sec. 2858; reen. R.C. & C.L., sec. 3079; C.S., sec. 5347; I.C.A., sec. 54-209.]
Idaho Code § 55-2010 — Idaho Code / Title 55 / Chapter 20 / Section 55-2010
55-2010 TERMINATIONS.
Status: in_force

55-2010. Terminations. (1) Tenancy during the term of a rental agreement may be terminated by the landlord only for one (1) or more of the following reasons:

(a) Substantial or repeated violation of the rental agreement or the written rules of the community. The resident shall be given written notice to comply. If the resident does not comply within three (3) days, the resident may be given notice of a twenty (20) day period in which to vacate. In the case of periodic rather than continuous violation, said notice shall specify that the same violation repeated shall result in the termination.

(b) Nonpayment of rent or other charges specified in the rental agreement. The resident shall be given written notice. If the resident does not pay within three (3) days the resident may be given notice of a thirty (30) day period in which to vacate.

(c) Closure of the community or any portion thereof by order of a federal, state or local authority. The resident shall be given the notice required by such order.

(d) In the event of a taking of the community or any portion thereof by eminent domain or cessation of the lot rental operation or a portion thereof, the landlord shall give the affected resident and any subtenant not less than one hundred eighty (180) days' notice in writing prior to the date designated in the notice of termination. After the date notice of termination has been given as provided in this subsection, the landlord shall provide a copy of such notice to any prospective resident or purchaser if the home is to remain in the community. The landlord may not increase the rent during the notice period. This section does not limit a landlord's right to terminate a tenancy for nonpayment of rent or for other causes under this chapter during the closure period.

(e) Abandonment.

(2) Except when a rental agreement is terminated for the reason provided in paragraph (e) of subsection (1) of this section, a landlord shall give the resident no less than ninety (90) days' written notice of an intention not to renew the rental agreement.

(3) A resident shall notify the landlord in writing thirty (30) days prior to the expiration of a rental agreement of an intention not to renew the rental agreement.

(4) Any resident who is a member of the armed forces, including the national guard and armed forces reserves, may, without penalty, terminate a rental agreement with less than thirty (30) days' notice if he receives reassignment or deployment orders which do not allow greater notice.

(5) The resident may terminate the rental agreement upon thirty (30) days' written notice whenever a change in the location of the resident's employment requires a change in his residence.

History:

[55-2010, added, 1980, ch. 177, sec. 1, p. 378; am. 1988, ch. 196, sec. 8, p. 373; am. 2004, ch. 276, sec. 1, p. 766; am. 2011, ch. 184, sec. 16, p. 530.]
Idaho Code § 55-2703 — Idaho Code / Title 55 / Chapter 27 / Section 55-2703
55-2703 GOOD FAITH.
Status: in_force

55-2703. Good faith. Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.

History:

[55-2703, added 1998, ch. 194, sec. 1, p. 699.]
Idaho Code § 55-302 — Idaho Code / Title 55 / Chapter 3 / Section 55-302
55-302 REMEDIES OF LESSOR AGAINST LESSEE'S ASSIGNEE.
Status: in_force

55-302. Remedies of lessor against lessee's assignee. Whatever remedies the lessor of any real property has against his immediate lessee for the breach of any agreement in the lease, or for recovery of the possession, he has against the assignees of the lessee, for any cause of action accruing while they are such assignees, except where the assignment is made by way of security for a loan, and is not accompanied by possession of the premises.

History:

[(55-302) R.S., sec. 2876; reen. R.C. & C.L., sec. 3084; C.S., sec. 5352; I.C.A., sec. 54-302.]
Idaho Code § 55-313 — Idaho Code / Title 55 / Chapter 3 / Section 55-313
55-313 RENT ON LEASE FOR LIFE — RECOVERY AFTER DEATH.
Status: in_force

55-313. Rent on lease for life — Recovery after death. Rent dependent on the life of a person may be recovered after as well as before his death.

History:

[(55-313) 55-305 R.S., sec. 2879; reen. R.C. & C.L., sec. 3087; C.S., sec. 5355; I.C.A., sec. 54-305; am. and redesig. 2025, ch. 65, sec. 4, p. 313.]
Idaho Code § 55-2009F — Idaho Code / Title 55 / Chapter 20 / Section 55-2009F
55-2009F DISPOSITION OF PROCEEDS.
Status: in_force

55-2009F. disposition of proceeds. (1) The proceeds of a lien sale shall be disbursed as follows:

(a) To discharge the lien; then to actual costs of selling the property. The cost of selling shall be the actual cost, not to exceed two hundred dollars ($200), for each abandoned home;

(b) The balance, if any, shall be forwarded to the department within five (5) days of the sale for payment to the legal owner of any unpaid obligation or for deposit in the abandoned vehicle trust account.

(2) Any person claiming an interest in the abandoned home may file a claim with the department for any portion of the funds from the lien sale that were forwarded to the department. Upon determination by the department that the claimant is entitled to some amount, the department shall pay an amount that in no case shall exceed the amount forwarded to the department in connection with the sale of the abandoned home. The department shall not honor any claim not filed within two (2) years of the sale.

History:

[55-2009F, added 2011, ch. 184, sec. 15, p. 530.]
Idaho Code § 55-207 — Idaho Code / Title 55 / Chapter 2 / Section 55-207
55-207 POWER OF APPOINTMENT.
Status: in_force

55-207. Power of appointment. A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed.

History:

[(55-207) R.S., sec. 2856; reen. R.C. & C.L., sec. 3077; C.S., sec. 5345; I.C.A., sec. 54-207.]
Idaho Code § 55-2510 — Idaho Code / Title 55 / Chapter 25 / Section 55-2510
55-2510 DELIVERY REQUIREMENTS.
Status: in_force

55-2510. Delivery requirements. The transferor's delivery under section 55-2509, Idaho Code, of a property disclosure form as described under section 55-2508, Idaho Code, and the prospective transferee's delivery under section 55-2509, Idaho Code, of an acknowledgement of his receipt of that form shall be made by personal delivery to the other party or his agent or subagent by ordinary mail or certified mail, return receipt requested or by facsimile transmission. For the purposes of the delivery requirements of this section, the delivery of a property disclosure form to a prospective cotransferee of residential real property or his or her agent shall be deemed considered delivered to other prospective transferees unless otherwise provided by contract.

History:

[55-2510, added 1994, ch. 366, sec. 1, p. 1177.]
Idaho Code § 55-3212 — Idaho Code / Title 55 / Chapter 32 / Section 55-3212
55-3212 PROHIBITED CONDUCT — RESTRICTIONS ON ACCESSORY DWELLING UNITS.
Status: in_force

55-3212. prohibited conduct — restrictions on accessory dwelling units. (1) No homeowner's association shall add, amend, or enforce any covenant, condition, or restriction in such a way that limits or prohibits accessory dwelling units, as defined in section 67-6541, Idaho Code, on any property, land, or structure thereon within the jurisdiction of a homeowner's association, unless the owner of the affected property expressly agrees in writing to such addition or amendment of a covenant, condition, or restriction. Nothing in this section shall be construed to prevent the enforcement of valid covenants, conditions, or restrictions limiting or prohibiting a property owner's right to transfer an interest in land or the structures thereon where such covenant, condition, or restriction existed and applied to the property at the time the property owner acquired an interest in the property.

(2) Notwithstanding the prohibitions provided in subsection (1) of this section, a homeowner's association may adopt reasonable rules governing the use of accessory dwelling units otherwise allowed by law, including but not limited to architectural design consistent with the primary dwelling, size limits, height limits, setback requirements, open space requirements, parking controls, and bedroom requirements.

(3) Nothing in this section shall be construed to restrict a homeowner's association from adopting a less restrictive definition of accessory dwelling units.

(4) The provisions of this section do not apply to any rentals defined in section 63-1803(4), Idaho Code.

History:

[55-3212, added 2023, ch. 265, sec. 1, p. 792; am. 2026, ch. 265, sec. 1, p. 1117.]
Idaho Code § 55-2018 — Idaho Code / Title 55 / Chapter 20 / Section 55-2018
55-2018 ATTORNEY'S FEES.
Status: in_force

55-2018. 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:

[55-2018, added 1993, ch. 380, sec. 7, p. 1399.]
Idaho Code § 55-1004 — Idaho Code / Title 55 / Chapter 10 / Section 55-1004
55-1004 AUTOMATIC HOMESTEAD EXEMPTION — CONDITIONS — DECLARATION OF HOMESTEAD — DECLARATION OF ABANDONMENT.
Status: in_force

55-1004. Automatic homestead exemption — Conditions — Declaration of homestead — Declaration of abandonment. (1) Property described in section 55-1001, Idaho Code, constitutes a homestead and is automatically protected by the exemption described in section 55-1003, Idaho Code, from and after the time the property is occupied as a principal residence by the owner or, if the homestead is unimproved or improved land that is not yet occupied as a homestead, from and after the declaration or declarations required in this section are filed for record or, if the homestead is a mobile home not yet occupied as a homestead and located on land not owned by the owner of the mobile home, from and after delivery of a declaration as described in section 55-1006, Idaho Code.

(2) An owner who selects a homestead from unimproved or improved land that is not yet occupied as a homestead must execute a declaration of homestead and file the same for record in the office of the recorder of the county in which the land is located. However, if the owner also owns another parcel of property on which the owner presently resides or in which the owner claims a homestead, the owner must also execute a declaration of abandonment of homestead on that other property and file the same for record with the recorder of the county in which the land is located.

(3) The declaration of homestead must contain:

(a) A statement that the person making it is residing on the premises or intends to reside thereon and claims the premises as a homestead;

(b) A legal description of the premises; and

(c) An estimate of the premises actual cash value.

(4) The declaration of abandonment must contain:

(a) A statement that a premises occupied as a residence or claimed as a homestead no longer constitutes the owner's homestead;

(b) A legal description of the premises; and

(c) A statement of the date of abandonment.

(5) The declaration of homestead and declaration of abandonment of homestead must be acknowledged in the same manner as a grant of real property is acknowledged.

History:

[55-1004, added 1989, ch. 371, sec. 2, p. 934.]
Idaho Code § 55-3003 — Idaho Code / Title 55 / Chapter 30 / Section 55-3003
55-3003 NATURE OF RIGHTS — SUBORDINATION OF INTERESTS.
Status: in_force

55-3003. Nature of rights — Subordination of interests. (1) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one (1) holder. The interest of a holder is an interest in real property.

(2) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.

(3) An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.

(4) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:

(a) An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant.

(b) This chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.

(c) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners' association.

(d) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.

History:

[55-3003, added 2006, ch. 15, sec. 1, p. 36.]
Idaho Code § 55-401 — Idaho Code / Title 55 / Chapter 4 / Section 55-401
55-401 CONFLICT OF LAWS.
Status: in_force

55-401. Conflict of laws. If there is no law to the contrary in the place where personal property is situated, it is deemed to follow the person of its owner and is governed by the law of his domicil.

History:

[(55-401) R.S., sec. 2890; reen. R.C. & C.L., sec. 3095; C.S., sec. 5363; I.C.A., sec. 54-401.]
Idaho Code § 55-2205 — Idaho Code / Title 55 / Chapter 22 / Section 55-2205
55-2205 PERMIT COMPLIANCE — NOTICE OF EXCAVATION — RESPONSE TO NOTICE — COMPENSATION FOR FAILURE TO COMPLY — EXEMPTIONS.
Status: in_force

55-2205. Permit compliance — Notice of excavation — Response to notice — Compensation for failure to comply — Exemptions. (1) Before commencing excavation, the excavator shall:

(a) Comply with other applicable law or permit requirements of any public agency issuing permits;

(b) Pre-mark on-site the path of excavation with white paint or, as the circumstances require, other reasonable means that will set out clearly the path of excavation. An excavator need not pre-mark as required in this subsection if:

(i) The underground facility owner or its agent can determine the location of the proposed excavation by street address or lot and block by referring to a locate ticket; or

(ii) The excavator and underground facility owner have had a meeting prior to the beginning of the proposed excavation at the excavation site for the exchange of information required under this subsection.

(c) Provide notice of the scheduled commencement of excavation to all underground facility owners through a one-number notification service. If no one-number notification service is available, notice shall be provided individually to those owners of underground facilities known to have or suspected of having underground facilities within the area of proposed excavation. The notice shall be communicated by the excavator to the one-number notification service or, if no one-number notification service is available, to the owners of underground facilities not less than two (2) business days nor more than ten (10) business days before the scheduled date for commencement of excavation, unless otherwise agreed in writing by the parties.

(2) Upon receipt of the notice provided for in this section, the underground facility owner or the owner's agent shall locate and mark its locatable underground facilities with reasonable accuracy, as defined in section 55-2202, Idaho Code, by surface-marking the location of the facilities. If there are identified but unlocatable underground facilities, the owner of such facilities or the owner's agent shall locate and mark the underground facilities in accordance with the best information available to the owner of the underground facilities. The owner of the underground facility or the owner's agent providing the information shall respond no later than two (2) business days after the receipt of the notice or before the excavation time set forth in the excavator's notice, at the option of the underground facility owner, unless otherwise agreed in writing by the parties. Excavators shall not excavate until all known facilities have been marked. Once marked by the owner of the underground facility, or the owner's agent, the excavator is responsible for maintaining the markings. Unless otherwise agreed in writing by the parties, maintained markings shall be valid for purposes of the notified excavation for a period of no longer than four (4) consecutive weeks following the date of notification as long as it is reasonably apparent that site conditions have not changed so substantially as to invalidate the markings. If excavation has not commenced within three (3) weeks from the original notice to underground facility owners through the one-number notification service, the excavator shall reinitiate notice in accordance with this section.

(a) Excavators shall have the right to receive compensation from the owner of the underground facility for costs incurred if the owner of the underground facility does not locate its facilities in accordance with this chapter.

(b) An owner of an underground facility shall have the right to receive compensation for costs incurred in responding to an excavation notice given less than two (2) business days prior to the excavation except for notices given for emergency excavations under subsection (4) of this section and unidentified facilities discovered under subsection (5) of this section.

(3) An end user shall not be required to locate or mark any service lateral. An underground facility owner who provides any utility service or commodity via a service lateral shall locate and mark the service lateral in accordance with the provisions of subsection (2) of this section. Nothing in this subsection shall be construed to impose an indemnification obligation prohibited by law on any public agency as defined in section 67-2327, Idaho Code, or to alter the liability of any public agency as provided by law, including article VIII of the constitution of the state of Idaho.

(4)(a) Emergency excavations are exempt from the time requirements for notice as provided in this section when an excavator determines a delay caused by providing notice would cause an imminent risk to life, health, or property; however, an excavator is required to provide notice of emergency excavation in all other emergency situations.

(b) Upon receiving notice of an emergency excavation, an underground facility owner or its designated agent shall:

(i) Within one (1) hour of receiving the notice of emergency excavation, attempt to contact the excavator at the telephone number provided in the notice of emergency excavation to provide any information concerning underground facilities within the emergency excavation area and the anticipated response time of the underground facility owner or its designated agent; and

(ii) Unless the underground facilities owner informs the excavator that it is impossible or impracticable under the circumstances and provides the excavator with an expected arrival time that is as soon as reasonably feasible, or if the parties agree to a different arrival time, arrive at the emergency excavation site within two (2) hours of receiving the notice of emergency excavation to locate and mark underground facilities within the emergency excavation area.

(c) If an underground facility owner or its designated agent is unable to locate and mark underground facilities identified in the notice of emergency excavation, the underground facility owner shall immediately attempt to notify the excavator at the telephone number provided in the notice of emergency excavation.

(5) If the excavator, while performing the excavation, discovers underground facilities (whether active or abandoned) that are not identified or were not located in accordance with subsection (2) of this section, the excavator shall cease excavating in the vicinity of the facility and immediately notify the owner or operator of such facilities, or the one-number notification service. The excavator shall have the right to receive compensation from the underground facility owner for standby cost (based on standby rates made publicly available) incurred as a result of waiting for the underground facility owner or the owner's agent to arrive at the work site to identify the unidentified facilities and provided that if the underground facility owner or the owner's agent supplies the locate information required under subsection (2) of this section within eight (8) hours of the time that the excavator notifies the underground facility owner of facilities not previously located, the excavator's compensation for delay of the excavation project shall be limited to actual costs or two thousand dollars ($2,000), whichever is less.

History:

[(55-2205) 55-2203, added 1990, ch. 351, sec. 1, p. 941; am. 1991, ch. 170, sec. 2, p. 411; am. 2002, ch. 351, sec. 1, p. 1001; am. and redesig. 2016, ch. 325, sec. 5, p. 899; am. 2019, ch. 182, sec. 2, p. 588; am. 2019, ch. 256, sec. 2, p. 766; am. 2023, ch. 191, sec. 2, p. 523.]
Idaho Code § 55-2709 — Idaho Code / Title 55 / Chapter 27 / Section 55-2709
55-2709 EVICTION FROM MARINA.
Status: in_force

55-2709. Eviction from marina. The landlord shall not terminate or refuse to renew a tenancy, except for a reason specified in this chapter and upon the giving of not less than ninety (90) days' written notice to the tenant in the manner prescribed by this section, to remove the floating home from the floating home marina within a period of not less than ninety (90) days, which period shall be specified in the notice. A copy of this notice shall be served upon the legal owner of the floating home either by:

(1) Personally serving a copy of the notice upon the legal owner; or

(2) Mailing a copy of the notice to the last known address of the legal owner and posting the notice conspicuously upon the floating home residence.

History:

[55-2709, added 1998, ch. 194, sec. 1, p. 701.]
Idaho Code § 55-2308 — Idaho Code / Title 55 / Chapter 23 / Section 55-2308
55-2308 LESSEE IN DEFAULT — VEHICLE OR TRAILER REMOVAL.
Status: in_force

55-2308. Lessee in default — Vehicle or trailer removal. (1) If a lessee is in default of the rental agreement for sixty (60) days or more and the personal property stored in the leased space is a vehicle or trailer, the operator may have the vehicle or trailer towed from the self-service storage facility by an independent towing company. Prior to having the vehicle or trailer towed, the operator shall send notice to the lessee as provided for in the rental agreement or by certified mail to the last known address stating:

(a) That the lessee shall cure the specified default no less than ten (10) days after sending of the notice;

(b) That unless the default is cured within the time stated in the notice, the vehicle or trailer may be towed; and

(c) The name, address, and telephone number of the towing company.

(2) The operator shall send a copy of the notice by United States mail with certificate of mailing to any lienholder of the vehicle or trailer that is listed in the rental agreement, no less than ten (10) days prior to having the vehicle or trailer towed.

(3) The operator has no liability to any person regarding the vehicle or trailer once the towing company takes possession of the vehicle or trailer.

(4) Should the operator choose to proceed with a lien sale of a vehicle, the operator must comply with the provisions of section 45-805, Idaho Code. The towing company that tows the vehicle must comply with the provisions of either chapter 17 or 18, title 49, Idaho Code, as applicable, prior to conducting a sale of the vehicle.

History:

[55-2308, added 2020, ch. 144, sec. 5, p. 446; am. 2024, ch. 244, sec. 4, p. 869; am. 2025, ch. 181, sec. 3, p. 853.]
Idaho Code § 55-201 — Idaho Code / Title 55 / Chapter 2 / Section 55-201
55-201 LIMITATION OF FUTURE ESTATES.
Status: in_force

55-201. Limitation of future estates. A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate, or on the termination, by lapse of time or otherwise, of a precedent estate created at the same time.

History:

[(55-201) R.S., sec. 2850; reen. R.C. & C.L., sec. 3071; C.S., sec. 5339; I.C.A., sec. 54-201.]
Idaho Code § 55-204 — Idaho Code / Title 55 / Chapter 2 / Section 55-204
55-204 REMAINDERS UPON SUCCESSIVE LIFE ESTATES.
Status: in_force

55-204. Remainders upon successive life estates. No remainder can be created upon successive estates for life, provided for in the preceding section, unless such remainder is in fee; nor can a remainder be created upon such estate in a term for years, unless it is for the whole residue of such term.

History:

[(55-204) R.S., sec. 2853; reen. R.C. & C.L., sec. 3074; C.S., sec. 5342; I.C.A., sec. 54-204.]
Idaho Code § 55-1805 — Idaho Code / Title 55 / Chapter 18 / Section 55-1805
55-1805 EXEMPTIONS.
Status: in_force

55-1805. Exemptions. (1) Unless the method of disposition is adopted for the purpose of evasion of this chapter, the registration provisions of this chapter do not apply to offers or dispositions of an interest in land:

(a) By a purchaser of subdivided lands for his own account in a single or isolated transaction;

(b) If fewer than five (5) separate lots, parcels, units or interests in subdivided lands are offered by a person in a period of twelve (12) months;

(c) By any salaried employee in the normal course of his employment for an owner who is not in the business of making real estate sales when the transaction is incidental to the principal activities or business of the owner and where no added incentive such as a bonus or commission or other fee is paid to the employee for the transaction;

(d) By any person holding a duly executed power of attorney from the owner or principal agent of an inactive owner when the power of attorney is executed for the performance of a specific real estate transaction;

(e) To persons who are engaged in the business of construction of buildings for resale or to persons who acquire an interest in subdivided lands for the purpose of engaging, and do engage, in the business of construction of buildings for resale;

(f) Pursuant to court order;

(g) By any government or government agency; or

(h) As cemetery lots or interests.

(2) Unless the method of disposition is adopted for the purpose of evasion of this chapter, the registration provisions of this chapter do not apply to offers and dispositions of securities currently registered with the Idaho department of finance.

History:

[55-1805, added 1972, ch. 276, sec. 5, p. 667; am. 2010, ch. 214, sec. 6, p. 470.]
Idaho Code § 55-3206 — Idaho Code / Title 55 / Chapter 32 / Section 55-3206
55-3206 VIOLATIONS — DUE PROCESS AND NOTICE — LIMITATION ON FINES — ATTORNEY'S FEES.
Status: in_force

55-3206. VIOLATIONS — due process and notice — limitation on fines — attorney's fees. (1) No fine may be imposed for a violation of the covenants and restrictions pursuant to the rules or regulations of a homeowner's association unless the authority to impose a fine is clearly set forth in the covenants and restrictions. A majority vote by the board is required before any fine may be imposed on a member for a violation of any covenants and restrictions pursuant to the rules and regulations of the homeowner's association. Written notice must be provided to the member at least thirty (30) days prior to a meeting at which a vote to impose a fine on the member is to be held. Service of the notice must be by personal service or certified mail.

(2) In the event the member begins resolving the violation prior to a meeting held pursuant to subsection (1) of this section, no fine may be imposed as long as the member continues to address the violation in good faith until fully resolved.

(3) No portion of any fine may be used to increase the remuneration of any board member or agent of the board.

(4) Except as may otherwise be provided in this subsection, nothing in this section is intended to affect any statute, rule, covenant, bylaw, provision, or clause that may allow for the recovery of attorney's fees. Attorney's fees and costs may not accrue or be assessed or collected by the homeowner's association until the homeowner's association has complied with the requirements of this section and the member has failed to address the violation as set forth in subsection (2) of this section. A court of competent jurisdiction may determine the reasonableness of attorney's fees and costs assessed against a member. In an action to determine the reasonableness of attorney's fees and costs assessed by the homeowner's association against a member, the court may award reasonable attorney's fees and costs to the prevailing party.

History:

[55-3206, added 2022, ch. 323, sec. 4, p. 1042.]
Idaho Code § 55-1809 — Idaho Code / Title 55 / Chapter 18 / Section 55-1809
55-1809 NOTICE OF FILING — REGISTRATION — REJECTION OF APPLICATION — FEES.
Status: in_force

55-1809. Notice of filing — Registration — rejection of application — Fees. (1) Upon receipt of the application for registration in proper form and of a base registration fee of two hundred fifty dollars ($250), the commission shall issue a notice of filing to the applicant. In addition to the base registration fee, the following fees are payable prior to issuance of an order of registration; five dollars ($5.00) per lot, parcel, unit or interest numbering fifty (50) to two hundred fifty (250); four dollars ($4.00) per lot, parcel, unit or interest numbering two hundred fifty-one (251) to five hundred (500); three dollars ($3.00) per lot, parcel, unit or interest numbering five hundred one (501) to seven hundred fifty (750); and two dollars and fifty cents ($2.50) for each lot, parcel, unit or interest numbering in excess of seven hundred fifty (750). The application and registration fees shall not exceed a maximum fee of three thousand dollars ($3,000).

(2) If an applicant submits the required filings using the web-based document management system sponsored by the association of real estate license law officials, the fees prescribed in this section, including the maximum fee, shall be reduced by twenty-five percent (25%). The reduction does not apply to late fees. The commission may promulgate rules changing or eliminating the fee reduction.

(3) Within ninety (90) days from the date of the notice of filing, the commission shall enter an order registering the subdivided lands or rejecting the registration. If no order of rejection is entered within ninety (90) days from the date of notice of filing, the land shall be deemed registered unless the applicant has consented in writing to a delay.

(4) If the commission determines that the requirements of sections 55-1806 through 55-1808, Idaho Code, have been met, it shall enter an order registering the subdivided lands and shall designate the form of the public offering statement.

(5) If the commission determines that any of the requirements of sections 55-1806 through 55-1808, Idaho Code, have not been met, the commission shall notify the applicant that the application for registration must be corrected in the particulars specified within ten (10) days or within the time otherwise allowed by the commission. If the requirements are not met within the time allowed, the commission shall enter an order rejecting the registration which shall state the basis for the rejection and advise the applicant of his right to request a hearing before the commission. The order rejecting the registration shall not become effective for twenty (20) days after service of the order, during which time the applicant may make a written request for a hearing. If a hearing is not timely requested, the order shall become the final agency action subject to judicial review under chapter 52, title 67, Idaho Code.

(6) Registration under this chapter shall be effective as of the date of the registration order for a period of one (1) year and may be renewed for additional periods of one (1) year by filing, not later than fifteen (15) days prior to the expiration of a registration, a renewal application in such form and containing such information as the commission shall prescribe, including the renewal report provided in section 55-1810, Idaho Code, together with the payment of a base renewal fee of two hundred fifty dollars ($250), plus one dollar ($1.00) for each lot, parcel, unit or interest. The total fees for a timely renewal application shall not exceed a maximum fee of three thousand dollars ($3,000). A late renewal fee of twenty-five dollars ($25.00) per day will be charged for each day the renewal application is late, with a maximum late fee of five hundred dollars ($500). A registration that is not renewed within twenty (20) days of expiration shall be deemed canceled and may not thereafter be renewed under the provisions of this section. Each amendment to the original registration requires a twenty-five dollar ($25.00) fee. The initial registration and any renewal fees may not be returned or refunded for any reason.

(7) All fees collected by the commission under this chapter shall be deposited at least monthly with the state treasurer and said funds so deposited shall be deposited to the credit of the special real estate fund. All funds so deposited are hereby appropriated to the commission for the purpose of carrying out the provisions of this chapter. All expenditures from said fund by the commission under the provisions of this chapter shall be paid out on warrants drawn by the state controller upon presentation of proper vouchers approved by the commission. Such claims and supporting vouchers shall be examined by the state board of examiners in the same manner as other claims against the state of Idaho. For the purpose of carrying out the objects of this chapter and in the exercise of the powers herein granted, the commission shall have powers to make orders concerning the disbursement of the moneys in said special real estate fund, including the payment of compensation and expenses of its members, clerks and employees and for the payment of printing and for such other expenses as deemed necessary.

(8) The fact that an application for registration and public offering statement have been filed, or the fact that an order of registration has been issued, does not constitute a finding by the commission that any document is true, complete and not misleading, nor does either fact mean that the commission has determined in any way the merits, qualifications of or given its approval or recommendation to any person or subdivision. It is unlawful for any person to make, or cause to be made, to any prospective purchaser any representation inconsistent with the provisions of this subsection.

History:

[55-1809, added 1972, ch. 276, sec. 9, p. 667; am. 1983, ch. 109, sec. 6, p. 235; am. 1994, ch. 180, sec. 106, p. 497; am. 2010, ch. 214, sec. 10, p. 474.]
Idaho Code § 55-2201 — Idaho Code / Title 55 / Chapter 22 / Section 55-2201
55-2201 LEGISLATIVE INTENT.
Status: in_force

55-2201. Legislative intent. It is the intent of the legislature in enacting this chapter to create a system of stakeholder-driven education and enforcement addressing the prevention of damage to underground facilities, to assign responsibilities for locating and keeping accurate records of underground facility locations, for preventing and repairing damage to existing underground facilities, for collecting, storing, analyzing and disseminating data related to underground facility damage and excavator downtime events, and for protecting the public health and safety from great personal harm including death, property damage and interruption in vital services caused by damage to existing underground facilities. It is further the intent of the legislature that the state of Idaho, by adopting this chapter, reaffirms its primacy over underground facility damage prevention programs that protect the health, safety and property of its citizens and that, by adopting this chapter, Idaho precludes the pipeline and hazardous materials safety administration of the United States department of transportation from determining that Idaho's damage prevention enforcement is inadequate pursuant to 49 CFR part 198, as adopted on July 9, 2015, and effective on January 1, 2016, and prevents any subsequent federal administrative enforcement actions that would result from such a formal determination.

History:

[55-2201, added 1990, ch. 351, sec. 1, p. 940; am. 2016, ch. 325, sec. 1, p. 894.]
Idaho Code § 55-2102 — Idaho Code / Title 55 / Chapter 21 / Section 55-2102
55-2102 CONSERVATION EASEMENT CREATED — CONVEYANCE — ACCEPTANCE — DURATION.
Status: in_force

55-2102. Conservation easement created — Conveyance — Acceptance — Duration. (1) Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements.

(2) No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.

(3) Except as provided in subsection (2) of section 55-2103, Idaho Code, a conservation easement is unlimited in duration unless the instrument creating it otherwise provides.

(4) An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to the conservation easement or consents to it.

History:

[55-2102, added 1988, ch. 222, sec. 1, p. 423.]
Idaho Code § 55-1806 — Idaho Code / Title 55 / Chapter 18 / Section 55-1806
55-1806 APPLICATION FOR REGISTRATION.
Status: in_force

55-1806. Application for registration. (1) The application for registration of subdivided lands shall be filed as prescribed by the commission and shall contain the following documents and information:

(a) An irrevocable appointment of the commission to receive service of any lawful process in any noncriminal proceeding arising under this chapter against the applicant or his personal representative;

(b) A legal description of the subdivided lands offered for registration, together with a map showing the division proposed or made, the dimensions of the lots, parcels, units or interests, and the relation of the subdivided lands to existing streets, roads, waterways, schools, churches, shopping centers, public transportation facilities in existence or under construction and other off-site improvements, in existence or under construction;

(c) The state or jurisdictions in which an application for registration or similar document has been filed, and any adverse order, judgment or decree entered in connection with the subdivided lands by the regulatory authorities in each jurisdiction or by any court;

(d) The applicant's name, address, and the form, date and jurisdiction of organization and the address of each of its offices in this state;

(e) If a corporation, partnership or other legal entity, the name, address and principal occupation for the past five (5) years of every director, officer, general partner, member, manager or person occupying a similar status or performing similar functions; the extent and nature of his interest in the applicant or the subdivided lands as of a specified date within thirty (30) days of the filing of the application;

(f) A statement indicating whether, within the past ten (10) years, the applicant, its individual directors, officers, general partners, members or managers have been:

(i) Convicted of a crime involving land dispositions or any aspect of the land sales business in this state, the United States or any other state or foreign country;

(ii) Adjudicated liable and had a civil judgment entered against him for making a false or misleading promotional plan involving land dispositions; or

(iii) Subject to any injunction or administrative order restraining a false or misleading promotional plan involving land dispositions.

(g) A statement, in a form acceptable to the commission, of the condition of the title to the subdivided lands including encumbrances as of a specified date within thirty (30) days of the date of application by a title opinion of a licensed attorney, not a salaried employee, officer or director of the applicant or owner, or by other evidence of title acceptable to the commission;

(h) Copies of the instruments which will be delivered to a purchaser to evidence his interest in the subdivided lands and of the contracts and other agreements that a purchaser will be required to agree to or sign;

(i) Copies of the instruments by which the interest in the subdivided lands was acquired and a statement of any lien or encumbrance upon the title and copies of the instruments creating the lien or encumbrance, if any, with data as to recording;

(j) If there is a lien or encumbrance affecting more than one (1) lot, parcel, unit or interest, a statement of the consequences for a purchaser of failure to discharge the lien or encumbrance and the steps, if any, taken to protect the purchaser in case of this eventuality;

(k) Copies of instruments creating easements, restrictions or other encumbrances affecting the subdivided lands;

(l) A statement of the zoning and other governmental regulations affecting the use of the subdivided lands and also of any existing tax and existing or proposed special taxes or assessments that affect the subdivided lands;

(m) A statement of the existing provisions for legal and physical access or, if none exists, a statement to that effect; a statement of the existing or proposed provisions for sewage disposal, water and other public utilities in the subdivision; a statement of the improvements to be installed, the schedule for their completion and a statement as to the provisions for improvement maintenance;

(n) A narrative description of the promotional plan for the disposition of the subdivided lands, including the range of selling prices or rents at which it is proposed to dispose of the lots in the subdivision, together with copies of all advertising material that has been prepared for public distribution by any means of communication;

(o) A copy of its articles of incorporation, with all amendments thereto, if the subdivider is a corporation; copies of all instruments by which the trust is created or declared, if the subdivider is a trust; copies of its articles of partnership or association and all other papers pertaining to its organization, if the subdivider is a partnership, unincorporated association or any other legal or commercial entity; and if the purported holder of legal title is a person other than the subdivider, copies of the above documents for such person;

(p) The proposed public offering statement;

(q) Such current financial statements, certified or otherwise, as the commission may require; and

(r) Such other information and such other documents and certifications as the commission may require as being reasonably necessary or appropriate for the protection of purchasers.

(2) If the subdivider registers additional subdivided lands to be offered for disposition, he may consolidate the subsequent registration with any earlier registration offering subdivided lands for disposition under the same promotional plan.

(3) The subdivider shall immediately report to the commission any material changes in the information contained in an application for registration.

(4) As a condition precedent to the registration of any subdivided lands, the commission shall require that the subdivider file a bond executed to the state of Idaho for the protection of any person and conditioned for the faithful compliance by the subdivider, his agents and his employees with all of the provisions of this chapter and with all rules and orders made pursuant thereto and for the faithful performance and payment of all obligations of the subdivider, his agents and his employees in connection with the registration, including any order to pay the costs and attorney's fees incurred by the commission or by any other agency of this state, in an administrative or judicial proceeding to enforce the provisions of this chapter or the provisions of chapter 6, title 48, Idaho Code. The bond shall be of such type and in such form as the commission shall deem necessary to comply with the provisions of this subsection and shall be in the amount of one hundred thousand dollars ($100,000). Any such bond shall have as surety thereon a surety company authorized to do business in this state. Such bond shall remain in effect for one (1) calendar year after the earlier to occur of the following:

(a) The subdivision is no longer required to be registered pursuant to this chapter;

(b) The subdivider elects to discontinue offering for disposition interests in the subdivision and therefor elects not to renew the registration of the subdivision pursuant to this chapter;

(c) The provisions of this chapter no longer require the subdivider to post any bond; or

(d) The subdivider deposits sufficient funds in an approved escrow account or trust fund in lieu of the bond; provided, the bond shall continue to insure any covered claim filed against the subdivider, and of which the commission received written notice during the time the bond was in effect and until the claim has been finally resolved, including any appeal process.

(5) In lieu of filing a bond, the commission may accept funds deposited by the subdivider into an escrow depository acceptable to the commission or into a trust account acceptable to the commission. The deposited funds shall be maintained for the same purposes and upon the same terms and conditions as set forth in subsection (4) of this section.

History:

[55-1806, added 1972, ch. 276, sec. 6, p. 667; am. 2010, ch. 214, sec. 7, p. 470.]
Idaho Code § 55-210 — Idaho Code / Title 55 / Chapter 2 / Section 55-210
55-210 RIGHT OF REENTRY.
Status: in_force

55-210. Right of reentry. Whenever the right of reentry is given to a grantor or a lessor in any grant or lease, or otherwise, such reentry may be made at any time after the right has accrued, upon three (3) days' notice, as provided in the Code of Civil Procedure.

History:

[(55-210) R.S., sec. 2859; reen. R.C. & C.L., sec. 3080; C.S., sec. 5348; I.C.A., sec. 54-210.]
Idaho Code § 55-103 — Idaho Code / Title 55 / Chapter 1 / Section 55-103
55-103 WHO MAY OWN PROPERTY.
Status: in_force

55-103. Who may own property. (1) Except as provided in subsection (2) or (3) of this section, any person, whether citizen or alien, may take, hold, and dispose of property, real or personal.

(2) Notwithstanding any provision of law to the contrary, on and after the effective date of this subsection, a foreign government or a foreign state-controlled enterprise shall not purchase, acquire, or hold any controlling interest in agricultural land, forest land, water rights, mining claims, or mineral rights in the state of Idaho. This subsection does not apply to any interest in agricultural land, forest land, water rights, mining claims, or mineral rights acquired by a foreign government or foreign state-controlled enterprise prior to the effective date of this subsection or to any foreign pension fund.

(3) Notwithstanding any other provision of law to the contrary, a foreign principal from a foreign adversary shall not purchase, acquire, or hold any controlling interest, except a de minimis indirect interest, in agricultural land, water rights, mining claims, or mineral rights in the state of Idaho. A foreign principal has a de minimis indirect interest if any ownership is the result of the foreign principal's ownership of registered equities in a publicly traded company owning the land and if the foreign principal's ownership in the company is either:

(a) Less than five percent (5%) of any class of registered equities or less than five percent (5%) in the aggregate in multiple classes of registered equities; or

(b) A noncontrolling interest in an entity controlled by a company that is both registered with the United States securities and exchange commission as an investment advisor under the investment advisers act of 1940, as amended, and is not a foreign entity.

(4) A foreign principal that directly or indirectly owns or otherwise controls agricultural land, water rights, mining claims, or mineral rights in the state of Idaho must sell, transfer, or otherwise divest itself of the agricultural land, mining claims, or mineral rights within one hundred eighty (180) days of the effective date of this act.

(5) A foreign principal that directly or indirectly owns or acquires agricultural land, water rights, or any interest in such land in this state must register with the Idaho state department of agriculture within sixty (60) days of the effective date of this act or the date of acquisition, whichever is latest. The department must establish a form for such registration, which, at a minimum, must include all of the following:

(a) The name of the owner of the agricultural land, water rights, or the owner of the interest in such land;

(b) The address of the agricultural land, the property appraiser's parcel identification number, and the property's legal description; and

(c) The number of acres of agricultural land.

(6) A foreign principal that directly owns or acquires mining claims or mineral rights or any interest in such claims in this state must register with the Idaho department of lands and the Idaho secretary of state within sixty (60) days of the effective date of this act or the date of acquisition, whichever is latest. The foreign principal shall be registered to do business with the Idaho secretary of state's office. The Idaho department of lands shall provide the form for such registration, which at a minimum must include the following:

(a) The mineral lease number with lease length and premises by parcel and acres; and

(b) The application for use of state land by the individual or legal entity.

(7) Notwithstanding the provisions of subsection (3) of this section, a foreign principal from a foreign adversary country may acquire agricultural land, mining claims, or mineral rights on or after July 1, 2025, by devise or descent, through the enforcement of security interests, or through the collection of debts, provided that the foreign principal sells, transfers, or otherwise divests itself of the agricultural land, water rights, mining claims, or mineral rights within one hundred eighty (180) days of acquiring the agricultural land, mining claims, or mineral rights.

(8) The provisions of subsections (3) through (7) of this section shall not apply to an entity that has a national security agreement with the committee on foreign investment in the United States as of July 1, 2025, and maintains such national security agreement.

(9) The Idaho state department of agriculture and department of lands shall adopt rules, subject to legislative approval, to implement the provisions of this section.

(10) 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 the provisions of this section and shall bear no civil or criminal liability under this section.

(11) If a foreign principal from a foreign adversary country does not divest the public or private lands, mining claims, or mineral rights 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, mining claims, or mineral rights.

(12) 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.

(13) 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.

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

(15) If a whistleblower referral results in a divestiture of land, mining claims, or mineral rights 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, mining claims, mineral rights, or asset sale resulting from a violation of this section after payment of lienholders. Proceeds of the sale shall be disbursed in the following order:

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

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

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

(d) To whistleblowers; and

(e) To the restricted foreign entity.

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

(17) As used in this section:

(a) "Agricultural land" shall have the same meaning as "land actively devoted to agricultural purposes" as provided in section 63-604, Idaho Code.

(b) "Controlling interest" means:

(i) Possession of more than fifty percent (50%) of the ownership interest in an entity; or

(ii) A percentage of ownership interest in an entity that is fifty percent (50%) or less if a foreign government actually directs the business and affairs of the entity without the requirement or consent of any other party.

(c) "Foreign adversary" means any foreign government or foreign non-government person engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons as determined under 15 CFR 791.4, as it existed on January 1, 2025.

(d) "Foreign government" means a government other than the federal government of the United States or the government of any state, political subdivision of a state, territory, federally recognized Indian tribe, or possession of the United States.

(e) "Forest land" means privately owned or state-owned land being held and used primarily for the continuous purpose of growing and harvesting trees of a marketable species. Having met the above criteria, forest land includes:

(i) Forest land is land evidenced by present use and silvicultural treatment.

(ii) Forest land is land that has a dedicated use that is further evidenced by a forest land management plan that includes eventual harvest of the forest crop.

(iii) Forest land is land bearing forest growth or land that has not been converted to another use.

(iv) Forest land is land that has had the trees removed by man through harvest, including clear-cuts or by natural disaster, such as but not limited to fire, and which within five (5) years after harvest or initial assessment will be reforested as specified in the forest practices act, chapter 13, title 38, Idaho Code.

(f) "Foreign pension fund" means a trust, corporation, or other entity created or organized under the law of a country other than the United States to provide retirement or pension fund benefits. However, the term "foreign pension fund" shall not include any trust, corporation, or other entity that is owned by or subject to a controlling interest of a sovereign wealth fund.

(g) "Foreign principal" means:

(i) The government or any official of the government of a foreign adversary;

(ii) A political party or member of a political party or any subdivision of a political party of a foreign adversary;

(iii) A partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign adversary, or a subsidiary of such entity, owned or controlled wholly or in part by any person, entity, or collection of persons or entities of a foreign adversary;

(iv) Any person who is domiciled in a foreign adversary and is not a citizen or lawful permanent resident of the United States; and

(v) Any person, entity, or collection of persons or entities described in this paragraph having a controlling interest in a partnership, association, corporation, organization, trust, or any other legal entity or subsidiary formed for the purpose of owning real property.

(h) "Mineral right" shall have the same meaning as provided in section 47-701, Idaho Code.

(i) "Mining claim" means a portion of land containing minerals that a miner has a right to occupy and possess for the purpose of extracting minerals.

(j) "State-controlled enterprise" means a business enterprise, however denominated, sovereign wealth fund, or state-backed investment fund in which a foreign government has a controlling interest.

(k) "Water right" shall have the same meaning as provided in section 42-230, Idaho Code.

(18)(a) The attorney general shall investigate acquisitions of interests in real property reasonably suspected of violating the prohibitions provided for in subsection (2) of this section upon receipt of a complaint alleging such violation.

(b) The attorney general shall enforce the prohibitions provided for in subsection (2) of this section for any interest in land, rights, or claims held in violation of the provisions of subsection (2) of this section by petitioning the district court for an order and judgment that: finds such violation; appoints a receiver; and authorizes the receiver to sell such land, rights, or claims. For a receivership proceeding under this section:

(i) Proceeds of the sale shall be disbursed to lienholders, in order of priority, except for liens that, under the terms of the sale, are to remain on the land, rights, or claims;

(ii) At the receivership sale, lienholders shall be permitted to have a credit bid; and

(iii) Any excess proceeds shall be disbursed to the owner of record of the real property.

(c) Upon the commencement of an action provided for in this section, the attorney general shall promptly file a notice of lis pendens with the court.

(d) Upon the entry of a court order appointing a receiver and authorizing the receiver's powers to sell the property pursuant to the provisions of this section, the attorney general shall promptly record a copy of the court order in the office of the county where the property is located that is responsible for the maintenance of property records.

(e) No title to land, rights, or claims shall be invalid or subject to divestiture due to a violation of the provisions of this section by any former owner or other individual or entity having formerly held or owned an interest in the real property.

(f) Divestiture of a foreign government's or foreign state-controlled enterprise's title under this section shall not be a basis to void, invalidate, or otherwise extinguish any bona fide mortgage, lien, or other interest granted by, through, or under the foreign government or foreign state-controlled enterprise.

(g) No person or entity that is not a foreign government or a foreign state-controlled enterprise shall bear any civil or criminal liability for failing to determine or to make an inquiry about whether an individual or other entity is a foreign government or a foreign state-controlled enterprise.

History:

[55-103, added R.S., sec. 2827; reen. R.C. & C.L., sec. 3058; C.S., sec. 2827; I.C.A., sec. 54-103; am. 2023, ch. 251, sec. 1, p. 768; am. 2024, ch. 24, sec. 1, p. 177; am. 2025, ch. 270, sec. 1, p. 1158; am. 2025, ch. 326, sec. 2, p. 1345; am. 2026, ch. 251, sec. 22, p. 1073.]
Idaho Code § 55-1608 — Idaho Code / Title 55 / Chapter 16 / Section 55-1608
55-1608 PROFESSIONAL LAND SURVEYOR TO ESTABLISH OR REHABILITATE MONUMENTS.
Status: in_force

55-1608. Professional land surveyor to establish or rehabilitate monuments. (1) In every case where a corner record of a survey corner is required to be filed or recorded under the provisions of this chapter, the professional land surveyor must rehabilitate or remonument any corner in accordance with subsection (2) of this section. Where the corner position is monumented with a stable, permanent, substantial, accessible, magnetically detectable, and uniquely identifiable monument, a new monument will not be required. The professional land surveyor must also recover, establish, or rehabilitate a minimum of three (3) accessories to such corner where practicable. Where the professional land surveyor determines accessories are impracticable, an explanation shall be included on the corner record.

(2) Any monument set shall conform to the provisions of section 54-1227, Idaho Code, and shall be surmounted with a cap of such material and size that can be permanently and legibly marked as prescribed by the manual of surveying instructions issued by the United States department of the interior, bureau of land management, including the license number of the professional land surveyor responsible for placing the monument. Monuments shall be marked such that measurements between them may be made to the nearest one-tenth (0.1) foot. If the monument is set by a public officer, it shall be marked by an appropriate official designation. Where it is impracticable to monument a corner due to situations beyond the professional land surveyor's control, reference points or a witness corner shall be recovered or established. The professional land surveyor must also document the reason the monument cannot be set, the method of establishing the corner location, and the presence of any found or set reference point or witness corner on his corner record and record of survey or plat.

(3) Where closing corners that are not on or controlling for the line closed upon were set in any government survey authorized by the congress of the United States and the true point of intersection of the pertinent lines is controlling in a survey, resurvey, or subdivision of a section, the true point of intersection shall be monumented with a monument conforming to subsection (2) of this section. Any professional land surveyor establishing such a monument shall prepare and file a corner record for the true point of intersection monument, including any evidence related to and the pedigree of the original closing corner. If found, the original closing corner monument position must be remonumented as an amended monument in accordance with subsection (2) of this section.

History:

[55-1608, added 1967, ch. 215, sec. 8, p. 647; am. 1972, ch. 162, sec. 5, p. 363, am. 1978, ch. 107, sec. 2, p. 224; am. 1993, ch. 206, sec. 7, p. 566; am. 2008, ch. 378, sec. 28, p. 1047; am. 2011, ch. 136, sec. 15, p. 392; am. 2020, ch. 127, sec. 14, p. 404.]
Idaho Code § 55-1520 — Idaho Code / Title 55 / Chapter 15 / Section 55-1520
55-1520 PERSONAL PROPERTY ACQUIRED, HELD AND DISPOSED OF BY MANAGEMENT BODY — BENEFICIAL INTEREST PROPORTIONATE — TRANSFER.
Status: in_force

55-1520. Personal property acquired, held and disposed of by management body — Beneficial interest proportionate — Transfer. Unless otherwise provided for in a declaration recorded pursuant to section 55-1505, a management body may acquire and hold, for the benefit of the condominium owners, tangible and intangible personal property and may dispose of the same by sale or otherwise; the beneficial interest in such personal property shall be owned by the condominium owners in the same proportion as their respective interests in the common areas, and shall not be transferable by such owners except with a transfer of a condominium. A transfer of a condominium shall transfer to the transferee ownership of the transferor's beneficial interest in such personal property.

History:

[55-1520, added 1965, ch. 225, sec. 20, p. 515.]
Idaho Code § 55-2712 — Idaho Code / Title 55 / Chapter 27 / Section 55-2712
55-2712 SALE, TRANSFER, OR REMOVAL OF A FLOATING HOME.
Status: in_force

55-2712. Sale, transfer, or removal of a floating home. (1) No landlord shall deny any tenant who owns his floating home the right to sell a floating home on a rented moorage site or require the tenant to remove the floating home for the moorage site solely on the basis of the sale.

(2) The landlord shall not exact a commission or a fee for the sale of a floating home on a rented moorage site unless the landlord has acted as an agent for the seller pursuant to a written agreement. The landlord may act as an agent for the seller only upon the voluntary agreement of the seller.

(3) The new rental agreement must be signed by the landlord and a prospective tenant prior to the sale, transfer, assignment or subletting of the floating home if the floating home is to remain at the floating home marina. From the date of sale, assignment, transfer or subletting, the new tenant shall be bound by the agreement.

(4) No floating home shall be removed from any floating home marina until the rental payment, including the month when the floating home is removed, is paid, or until the provisions of section 55-2713, Idaho Code, have been fully complied with and the landlord notified of the date and time of removal.

(5) A tenant shall notify the landlord in writing ninety (90) days prior to the expiration of a rental agreement of an intention not to renew the rental agreement.

History:

[55-2712, added 1998, ch. 194, sec. 1, p. 702.]
Idaho Code § 55-2008 — Idaho Code / Title 55 / Chapter 20 / Section 55-2008
55-2008 RULES.
Status: in_force

55-2008. Rules. (1) A written rule of the community is enforceable against the resident if it is part of the rental agreement signed by the resident.

(2) A rule adopted or amended after the resident enters into the rental agreement is not enforceable unless the resident consents to it or is given ninety (90) days' notice in writing except as provided in section 55-2006(5), Idaho Code. A rule change restricting the type or size of a home permitted in the community shall not apply to a resident whose home was in compliance with community rules prior to the adoption or amendment.

(3) Rules shall be fairly and uniformly enforced and contain the effective date.

History:

[55-2008, added 1980, ch. 177, sec. 1, p. 377; am. 1988, ch. 196, sec. 6, p. 372; am. 2010, ch. 168, sec. 1, p. 344; am. 2011, ch. 184, sec. 8, p. 527.]
Idaho Code § 55-2017 — Idaho Code / Title 55 / Chapter 20 / Section 55-2017
55-2017 PENALTIES.
Status: in_force

55-2017. Penalties. If upon the trial of any action brought under the provisions of section 55-2014, Idaho Code, or those of section 6-302 or 6-303, Idaho Code, the court shall find that the defendant acted with malice, wantonness or oppression, judgment may be entered for three (3) times the amount at which actual damages are assessed.

History:

[(55-2017) 1980, ch. 177, sec. 1, p. 380; am. and redesig. 1993, ch. 380, sec. 6, p. 1398.]
Idaho Code § 55-402 — Idaho Code / Title 55 / Chapter 4 / Section 55-402
55-402 TRANSFER AND DEVOLUTION OF THINGS IN ACTION.
Status: in_force

55-402. Transfer and devolution of things in action. A thing in action arising out of the violation of a right of property, or out of an obligation, may be transferred by the owner. Upon the death of the owner it passes to his personal representatives, except where, in the cases provided in the Code of Civil Procedure, it passes to his devisees or successor in office.

History:

[(55-402) R.S., sec. 2891; reen. R.C. & C.L., sec. 3096; C.S., sec. 5364; I.C.A., sec. 54-402.]
Idaho Code § 55-2101 — Idaho Code / Title 55 / Chapter 21 / Section 55-2101
55-2101 DEFINITIONS.
Status: in_force

55-2101. Definitions. As used in this chapter:

(1) "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of real property, assuring its availability for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property.

(2) "Holder" means:

(a) A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or

(b) A charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property.

(3) "Third-party right of enforcement" means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder.

History:

[55-2101, added 1988, ch. 222, sec. 1, p. 422.]
Idaho Code § 55-1611 — Idaho Code / Title 55 / Chapter 16 / Section 55-1611
55-1611 FEDERAL GOVERNMENT FILINGS WITHOUT FEES.
Status: in_force

55-1611. Federal government filings without fees. All federal government surveys performed by authorized personnel of agencies of the federal government shall not be subject to the provisions of this chapter, except that federal agencies may comply with the provisions of the chapter, and shall be exempt from filing fees required in section 55-1607(c), Idaho Code.

History:

[55-1611, added 1967, ch. 215, sec. 11, p. 647; am. 1993, ch. 206, sec. 10, p. 567.]
Idaho Code § 55-1602 — Idaho Code / Title 55 / Chapter 16 / Section 55-1602
55-1602 DECLARATION OF POLICY.
Status: in_force

55-1602. Declaration of policy. It is the purpose of this chapter to protect and perpetuate public land survey corners and information concerning the location of such corners by requiring the systematic establishment of monuments and filing of information concerning the marking of the location of such public land survey corners and to allow the systematic location of other property corners, thereby providing for property security and a coherent system of property location and identification; and thereby eliminating the repeated necessity for reestablishment and relocations of such corners once they are established and located.

History:

[55-1602, added 1967, ch. 215, sec. 2, p. 647; am. 1993, ch. 206, sec. 2, p. 564.]
Idaho Code § 55-1523 — Idaho Code / Title 55 / Chapter 15 / Section 55-1523
55-1523 REFUSAL TO APPROVE PROJECT OR RECORD PLAT FORBIDDEN.
Status: in_force

55-1523. Refusal to approve project or record plat forbidden. No city council, board of trustees, or other governing body of the county, town, village or city in which a project is created pursuant to this act shall have the right to refuse acceptance or approval of nor may any county refuse for recordation a plat or plats prepared pursuant to this act solely because a project is or condominiums are thereby created.

History:

[55-1523, added 1965, ch. 225, sec. 23, p. 515.]
Idaho Code § 55-1007 — Idaho Code / Title 55 / Chapter 10 / Section 55-1007
55-1007 CONVEYANCE OR ENCUMBRANCE BY A MARRIED COUPLE.
Status: in_force

55-1007. Conveyance or encumbrance by a married couple. The homestead of a married person shall not be conveyed or encumbered by a spouse without the consent of the other spouse. Either spouse may execute a power of attorney authorizing the other spouse to convey or encumber the homestead on behalf of the principal. Consent shall be evidenced by:

(1) Each spouse executing and acknowledging the instrument by which the homestead is conveyed or encumbered; or

(2) A deed from one spouse to the other spouse establishing the homestead property as the sole and separate property of the grantee spouse.

History:

[55-1007, added 2025, ch. 216, sec. 2, p. 1024.]
Idaho Code § 55-805 — Idaho Code / Title 55 / Chapter 8 / Section 55-805
55-805 ACKNOWLEDGMENT NECESSARY TO AUTHORIZE RECORDING.
Status: in_force

55-805. Acknowledgment necessary to authorize recording. (1) Before an instrument may be recorded, unless it is otherwise expressly provided, its execution must be acknowledged by the person executing it, or if executed by a corporation, by its president or vice president, or secretary or assistant secretary, or other person executing the same on behalf of the corporation, or if executed in the name of the state of Idaho or any county, political subdivision, municipal, quasi-municipal, or public corporation, by one (1) or more of the officers of such state, county, political subdivision, municipal, quasi-municipal, or public corporation executing the same, or if executed in a partnership name, by one (1) or more of the partners who subscribed the partnership name thereto, or if executed by a limited liability company, by the manager, member or other person executing the same on behalf of the limited liability company, or the execution must be proved and the acknowledgment or proof, certified in substantially the manner prescribed by chapter 1, title 51, Idaho Code; provided, that if such instrument shall have been executed and acknowledged in any other state or territory of the United States, or in any foreign country, according to the laws of the state, territory or country wherein such acknowledgment was taken, the same shall be entitled to record, and a certificate of acknowledgment indorsed upon or attached to any such instrument purporting to have been made in any such state, territory or foreign country, shall be prima facie sufficient to entitle the same to such record.

(2) (a) The validity of an instrument recorded prior to July 1, 2017, shall not be affected by the failure of a notary public to perform a duty or meet a requirement specified in chapter 1, title 51, Idaho Code. Such a failure does not invalidate a notarial act performed by the notary public.

(b) The validity of a notarial act complying with the provisions of chapter 1, title 51, Idaho Code, does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking remedies authorized by federal or state law other than the provisions of chapter 1, title 51, Idaho Code.

(c) This subsection does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.

History:

[(55-805) R.S., sec. 2994; am. 1907, p. 6, sec. 1; reen. R.C. & C.L., sec. 3153; C.S., sec. 5417; am. 1923, ch. 144, sec. 3, p. 209; am. 1929, ch. 183, sec. 6, p. 94; I.C.A., sec. 54-805; am. 1937, ch. 176, sec. 3, p. 291; am. 1999, ch. 213, sec. 4, p. 571; am. 2017, ch. 192, sec. 13, p. 457; am. 2021, ch. 283, sec. 1, p. 857.]
Idaho Code § 55-1505 — Idaho Code / Title 55 / Chapter 15 / Section 55-1505
55-1505 CONTENTS OF DECLARATION.
Status: in_force

55-1505. Contents of declaration. (1) The declaration shall contain the following:

(a) A legal description of the surface of the ground within the project.

(b) A legal description of each unit in the project, which description may consist of the identifying number, symbol or name of such unit as shown on the plat.

(c) The percentage of ownership interest in the common area which is to be allocated to each unit for purposes of tax assessment under section 55-1514, Idaho Code, and for purposes of liability as provided by section 55-1515, Idaho Code. Such percentage shall be fixed either by taking as a basis the value of each unit in relation to the value of the property as a whole or by taking as a basis the square footage of the interior floor area of each unit in relation to the square footage of the interior floor area of all the units as a whole. For said purposes, the percentage so fixed shall be conclusive, subject only to clear and convincing proof of bad faith at the time of and in the making of such allocation or the last prior amendment thereof. If a substantial change is made to the value or size, depending upon the method used for allocation, of one (1) or more units as compared with other units, upon petition by a unit owner for reevaluation and allocation of percentage of ownership interest, the allocation shall be amended. Reallocation shall not occur more frequently than every five (5) years and, if square footage is used in determining the percentage of ownership interest, only if a substantial change is made to the size of at least one (1) unit. If the board of managers fails to act, reallocation may be accomplished by court action. If court action is necessary the prevailing party may be awarded attorney's fees and costs for unreasonable pursuit or refusal.

(2) The declaration may but need not also contain any of the following:

(a) A description of the buildings in the project, stating the number of stories and basements, the number of units and the principal materials of which they are or are to be constructed.

(b) A statement of the location of each unit, its approximate area, number of rooms, and immediate common area to which it has access, and any other data for its proper identification.

(c) A description of the common areas and facilities.

(d) A description of any limited common areas and facilities, if any, stating to which units their use is reserved or the terms of applicable restrictions or limitations.

(e) The value of the property and of each unit.

(f) A statement of the purposes for which the building and each of the units are intended and restricted as to use.

(g) Provisions as to the percentage of votes by the condominium owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage, taking, or destruction of all or part of the property.

(h) Any or all of the provisions hereinafter referred to in section 55-1507, Idaho Code, as proper provisions of bylaws.

(i) Provisions for the management of the project by any management body or bodies; for the voting majorities, quorums, notices, meeting dates, and other rules governing such body or bodies; and for recordation, from time to time, as provided for in the declaration, of certificates of identity of the persons then composing such management body or bodies, which certificates shall be conclusive evidence of the facts recited therein in favor of any person relying thereon in good faith.

(j) As to any management body:

(1) For the powers thereof, including power to enforce the provisions of the declaration;

(2) For maintenance by it of fire, casualty, liability, worker's compensation and other insurance and for bonding of the members of any management body;

(3) For provision by it of and payment by it for maintenance, utility, gardening and other services; for employment of personnel necessary for operation of the project, and legal and accounting services;

(4) For purchase by it of materials, supplies and the like and for maintenance and repair of the project;

(5) For payment by it of taxes and special assessments which would be a lien upon the entire project or common areas, and for discharge by it of any lien or encumbrance levies against the entire project or common areas;

(6) For payment by it for reconstruction of any portion or portions of the project damaged, taken or destroyed;

(7) For delegation by it of its powers;

(8) For entry by it or its agents into any unit when necessary in connection with any maintenance or construction for which the management body is responsible;

(9) For an irrevocable power of attorney to the management body to sell and convey the entire project for the benefit of all of the owners thereof when partition of the project may be had under section 55-1511, Idaho Code, which power shall: (i) be binding upon all of the owners, whether they expressly assume the obligations of the declaration or not; (ii) if so provided in the declaration, be exercisable by less than all, but not less than fifty percent (50%), of the voting power of the owners in the project; (iii) be exercisable only after recordation of a certificate by those who have the right to exercise such power of attorney that such power of attorney is properly exercisable under the declaration, which certificate shall be conclusive evidence of the facts recited therein in favor of any person relying thereon in good faith.

(k) Provisions for amendments of such declaration or the bylaws, if any, which amendments, if made upon the vote or consent of more than fifty percent (50%) of the voting power of the owners in the project, shall be binding upon every owner and every condominium whether the burdens thereon are increased or decreased thereby, and whether or not the owner of each and every condominium consents thereto.

(l) Provisions for independent audit of the accounts of any management body.

(m) (1) Provisions for assessments to meet authorized expenditures of any management body, and for a method for notice and levy thereof, each condominium to be assessed separately for its share of such expenses in proportion, unless otherwise provided, to its owner's fractional interest in the common areas;

(2) For the subordination of the liens securing such assessments to other liens either generally or specifically described.

(n) Provisions for the conditions upon which partition of the project may be had pursuant to this act. Such right to partition may be conditioned upon failure of the condominium owners to elect to rebuild within a certain period, specified inadequacy of insurance proceeds, specified damage to the building, a decision of an arbitrator, or upon any other condition.

(o) Provisions for restrictions upon the severability of the component interests in the property which comprise a condominium. Such restrictions shall not be deemed conditions repugnant to the interest created nor unlawful restraints on alienation.

(p) Such document, agreement or writing pertinent to the project or its financing as may be attached to, incorporated in or made an exhibit to the declaration and/or any bylaws.

(q) Such other provisions not inconsistent with this act as the owner or owners may deem desirable in order to promote, facilitate or preserve the property or the project or the use, development or administration thereof.

(3) Subsection (2) of this section shall not be construed as a limitation upon permissible contents and provisions of a declaration.

History:

[55-1505, added 1965, ch. 225, sec. 5, p. 515; am. 2002, ch. 78, sec. 1, p. 175; am. 2013, ch. 192, sec. 1, p. 473.]
Idaho Code § 55-1110 — Idaho Code / Title 55 / Chapter 11 / Section 55-1110
55-1110 ORDER FOR SALE OF PREMISES.
Status: in_force

55-1110. Order for sale of premises. If, from the report, it appear to the judge that the land claimed exceeds in value the amount of the homestead exemption, and that it can not be divided, he must make an order directing its sale under the execution.

History:

[(55-1110) 1863, p. 575, sec. 3; R.S., sec. 3052; reen. R.C. & C.L., sec. 3190; C.S., sec. 5454; I.C.A., sec. 54-1110.]
Idaho Code § 55-820 — Idaho Code / Title 55 / Chapter 8 / Section 55-820
55-820 PROHIBITION AND REMOVAL OF RESTRICTIVE COVENANTS.
Status: in_force

55-820. Prohibition and Removal of restrictive covenants. No deed recorded on or after July 1, 2022, shall contain a reference to a restrictive covenant prohibited by section 55-616(1), Idaho Code. A county clerk may refuse to accept any deed submitted for recordation that references any such restrictive covenant. The person who prepares or submits a deed for recordation has the responsibility for ensuring that such a restrictive covenant is not referenced in the deed prior to such deed being submitted for recordation. Any deed that is recorded in the land records on or after July 1, 2022, that mistakenly contains such a restrictive covenant shall nevertheless constitute a valid transfer of real property but without any effect given to the prohibited language.

History:

[55-820, added 2022, ch. 159, sec. 2, p. 548.]
Idaho Code § 55-2211 — Idaho Code / Title 55 / Chapter 22 / Section 55-2211
55-2211 VIOLATION — CIVIL PENALTY — DUTIES OF THE BOARD AND THE ADMINISTRATOR — OTHER REMEDIES UNIMPAIRED.
Status: in_force

55-2211. Violation — Civil penalty — duties of the board and the administrator — Other remedies unimpaired. (1) The damage prevention board established in section 55-2203, Idaho Code, may hear, but may not initiate, contested cases of alleged violations of this chapter involving practices related to underground facilities as set forth in rule by the board. Persons who violate the provisions of this chapter are subject to civil penalties in accordance with this section. Complaints regarding an alleged violation of this chapter may be made by any individual and shall be made to the administrator. Complaints shall include the name and address of the complainant and the alleged violator and the violation alleged. If the alleged violation involves facility damage or a downtime event, the complaint must be submitted on such forms and contain such information as required by the board in rule. Upon review of the complaint, and any investigation conducted therewith, the administrator shall notify the person making the complaint and the alleged violator, in writing, of the administrator's recommended course of action to the board. The administrator shall recommend that a training course adopted by the board, by rule, be successfully completed for a first violation of this chapter, except that if the complaint is for a first violation of this chapter wherein a residential homeowner or residential tenant excavating on the lot of his residency failed to provide notice as required in section 55-2205, Idaho Code, and caused damage to underground facilities, the board shall direct the administrator to deliver to the violator a written warning and educational materials to prevent a future violation. The administrator may recommend the imposition of a civil penalty in an amount not to exceed one thousand dollars ($1,000) for a second violation of this chapter and in addition may recommend successful completion of a training course adopted by the board, by rule, and issue a notice of intent to impose such penalty on behalf of the board. If the administrator recommends the imposition of a civil penalty, the violator may pay the fine to the board upon receipt of such notice. If, upon the expiration of twenty-one (21) days, the violator has not responded in writing to the division, the board may impose the penalty provided for in the notice. A violator shall also have the right to contest the imposition of a civil penalty to the board and the opportunity to produce evidence in his behalf. Notice of the time and place of such hearing shall be provided by the board, and such proceeding shall be governed by the provisions of chapter 52, title 67, Idaho Code.

(2) In the event the board determines that a person has violated the provisions of this chapter a subsequent time within eighteen (18) months from an earlier violation, and where facility damage has occurred, the board may impose a civil penalty of not more than five thousand dollars ($5,000) for each separate violation in accordance with the process described in subsection (1) of this section.

(3) All civil penalties recovered shall be deposited in the occupational licenses fund.

(4) The penalties provided in this section are in addition to any other remedy at law or equity available to any party subject to the jurisdiction of the damage prevention board established in section 55-2203, Idaho Code.

(5) Unless expressly provided herein, nothing in this chapter eliminates, alters or otherwise impairs common law, statutory or other preexisting rights and duties of persons affected by the provisions of this chapter; nor does anything in this chapter, unless expressly so provided, eliminate, alter or otherwise impair other remedies, state or federal, including those at common law, of an underground facility owner whose facility is damaged; nor do the provisions of this chapter affect any civil remedies for personal injury or property damage except as expressly provided for herein. The court in its discretion may award attorney's fees and costs to the prevailing party.

History:

[(55-2211) 55-2209, added 1990, ch. 351, sec. 1, p. 943; am. 2002, ch. 351, sec. 4, p. 1004; am. and redesig. 2016, ch. 325, sec. 11, p. 902; am. 2021, ch. 224, sec. 81, p. 694.]
Idaho Code § 55-307 — Idaho Code / Title 55 / Chapter 3 / Section 55-307
55-307 REMOVAL OF FIXTURES BY TENANT.
Status: in_force

55-307. Removal of fixtures by tenant. A tenant may remove from the demised premises, any time during the continuance of his term, anything affixed thereto for the purposes of trade, manufacture, ornament or domestic use, if the removal can be effected without injury to the premises, unless the thing has, by the manner in which it is affixed, become an integral part of the premises.

History:

[(55-307) 55-308, R.S., sec. 2882; reen. R.C. & C.L., sec. 3090; C.S., sec. 5358; I.C.A., sec. 54-308; am. and redesig. 2025, ch. 65, sec. 8, p. 314.]
Idaho Code § 55-109 — Idaho Code / Title 55 / Chapter 1 / Section 55-109
55-109 TRANSFER AND DEVOLUTION OF FUTURE INTERESTS.
Status: in_force

55-109. Transfer and devolution of future interests. Future interests pass by succession, will and transfer in the same manner as present interests.

History:

[(55-109) R.S., sec. 2834; reen. R.C. & C.L., sec. 3065; C.S., sec. 5333; I.C.A., sec. 54-109.]
Idaho Code § 55-819 — Idaho Code / Title 55 / Chapter 8 / Section 55-819
55-819 REQUIREMENTS REGARDING A REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE — RULEMAKING.
Status: in_force

55-819. requirements regarding a request for notice of transfer or encumbrance — rulemaking. (1) If the department of health and welfare has recorded a request for notice of transfer or encumbrance:

(a) When a title insurance company or agent discovers the presence of a request for notice of transfer or encumbrance recorded in the real property records in the county in which the property described in such notice is located while performing a title search on such property and any individual identified in such notice is the record owner of such property, the title insurance company or agent shall disclose the presence of the request for notice of transfer or encumbrance in any commitment to offer to issue a title insurance product to insure title to such real property; and

(b) If, after the date of the recording the request for notice of transfer or encumbrance described in paragraph (a) of this subsection, the individual identified in such request for notice transfers or encumbers real property described in such filing, such individual, his agent or family member shall provide the department of health and welfare with a notice of transfer or encumbrance within ten (10) days after the date of the transfer or encumbrance. For the purposes of this paragraph, a title insurance company or agent shall not be deemed or appointed an agent of the individual identified in the request for notice of transfer or encumbrance. The department of health and welfare shall adopt by rule a model form for notice of transfer or encumbrance to be used by said individual when notifying the department.

(2) If the department of health and welfare has caused to be recorded a termination of request for notice of transfer or encumbrance in the grants and conveyances records or if no individual identified in the request for notice of transfer or encumbrance is the record owner of the real property described therein, the title insurance company or agent is not required to disclose the notice of transfer or encumbrance as required by subsection (1)(a) of this section, and an individual transferring or encumbering the real property after the date of such recording is not required to provide the notice of transfer or encumbrance required by subsection (1)(b) of this section.

(3) The notice of transfer or encumbrance described in subsection (1)(a) of this section is personal to the individual named therein and shall not constitute a lien or encumbrance on, or prevent the transfer or encumbrance of, the property described therein. A title insurance company or agent shall have no liability to the department of health and welfare or any person or entity for failing to discover, or for disclosing, the request for notice of transfer or encumbrance as required by subsection (1)(a) of this section.

History:

[55-819, added 2010, ch. 90, sec. 1, p. 174; am. 2025, ch. 82, sec. 105, p. 388.]
Idaho Code § 55-1528 — Idaho Code / Title 55 / Chapter 15 / Section 55-1528
55-1528 STATEMENT OF ACCOUNT — DISCLOSURE OF FEES.
Status: in_force

55-1528. statement of account — disclosure of fees. (1) A management body or its agent shall provide a unit owner and the owner's agent, if any, a statement of the unit owner's account not more than five (5) business days after receipt of a request by the unit owner or the unit owner's agent received by the management body, the management body's manager, president, board member, or other agent, or any combination thereof. The statement of account shall include, at a minimum, the amount of annual charges against the unit, the date when said amounts are due, and any unpaid assessments or other charges due and owing from such owner at the time of the request. The management body shall be bound by the amounts set forth within such statement of account. Charging a fee for any statement of the unit owner's account required by this section is a violation of the Idaho consumer protection act, chapter 6, title 48, Idaho Code.

(2) On or before January 1 of each year, a management body or its agent shall provide unit owners a disclosure of fees that will be charged to a unit owner in connection with any transfer of ownership of a unit. Fees imposed by a management body for the calendar year following the disclosure of fees shall not exceed the amount set forth on the annual disclosure, and no surcharge or additional fees shall be charged to any unit owner in connection with any transfer of ownership of the unit.

History:

[55-1528, added 2018, ch. 205, sec. 3, p. 458; am. 2023, ch. 247, sec. 1, p. 763.]
Idaho Code § 55-1604 — Idaho Code / Title 55 / Chapter 16 / Section 55-1604
55-1604 FILING REQUIREMENTS.
Status: in_force

55-1604. Filing requirements. A professional land surveyor shall complete, sign, and file with the county clerk and recorder of the county where the corner is situated a written record of the establishment, reestablishment, or rehabilitation of a corner monument and its accessories. This record shall be known as a "corner record" and such a filing shall be made for every public land survey corner, center one-quarter (1/4) corner, corners used as ties as described in section 50-1304(2)(g) or 55-1906(5), Idaho Code, and accessory to such corner established, reestablished, monumented, remonumented, rehabilitated, perpetuated or used as control in any survey. The survey information shall be filed within ninety (90) days after the survey is completed, unless the corner and its accessories are substantially as described in an existing corner record filed in accordance with the provisions of this chapter.

In lieu of filing as heretofore provided, corner records may be recorded electronically in those counties that have such facilities.

History:

[55-1604, added 1967, ch. 215, sec. 4, p. 647; am. 1972, ch. 162, sec. 1, p. 363; am. 1993, ch. 206, sec. 4, p. 565; am. 2020, ch. 127, sec. 12, p. 404; am. 2022, ch. 43, sec. 7, p. 121.]
Idaho Code § 55-1501 — Idaho Code / Title 55 / Chapter 15 / Section 55-1501
55-1501 SHORT TITLE.
Status: in_force

55-1501. Short title. This act shall be known and may be cited as the "Condominium Property Act."

History:

[55-1501, added 1965, ch. 225, sec. 1, p. 515.]
Idaho Code § 55-1903 — Idaho Code / Title 55 / Chapter 19 / Section 55-1903
55-1903 COMPLIANCE WITH CHAPTER REQUIRED.
Status: in_force

55-1903. Compliance with chapter required. Any surveyor legally engaged in the practice of land surveying shall comply with the provisions of this chapter.

History:

[55-1903, added 1978, ch. 107, sec. 1, p. 222.]
Idaho Code § 55-607 — Idaho Code / Title 55 / Chapter 6 / Section 55-607
55-607 UNAUTHORIZED GRANT BY LIFE TENANT.
Status: in_force

55-607. Unauthorized grant by life tenant. A grant made by the owner of an estate for life or years, purporting to transfer a greater estate than he could lawfully transfer, does not work a forfeiture of his estate, but passes to the grantee all the estate which the grantor could lawfully transfer.

History:

[(55-607) R.S., sec. 2930; reen. R.C. & C.L., sec. 3115; C.S., sec. 5379; I.C.A., sec. 54-607.]
Idaho Code § 55-2708 — Idaho Code / Title 55 / Chapter 27 / Section 55-2708
55-2708 ADJUSTMENTS TO RENT, SERVICES, UTILITIES OR RULES — FEES.
Status: in_force

55-2708. Adjustments to rent, services, utilities or rules — Fees. (1) A landlord may increase or decrease rents only after ninety (90) days' written notice to the tenants.

(2) Rental rates shall at all times be reasonable. Factors to be considered in determining whether a change in rent is reasonable are as follows:

(a) The rent provided in previous and current rental agreements between the landlord and tenant;

(b) The rent charged by comparable marinas, taking into account such factors as location, facilities, condition, services and other relevant factors;

(c) The landlord's costs associated with owning, controlling and maintaining the marina, including the uplands, to the extent reasonably necessary to support the marina facilities which serve the floating home, moorage area and the landlord's need for realizing a reasonable rate of return over such costs;

(d) The availability and costs of alternative long-term float home moorage sites;

(e) The need to maintain price stability in a market restricted by state regulation of navigable waters and limited availability of float home moorage sites;

(f) The opportunity costs, if any, borne by the landlord by not converting the floating home marina, including uplands, to other uses; and

(g) Any other circumstances justifying a rental rate.

(3) If twenty-five percent (25%) or more of the tenants within a marina, or the [the] marina owner, assert that a moorage rental increase is unreasonable under any circumstances, the dispute shall be resolved by arbitration. The tenants must appoint a single party to act as their agent in the arbitration proceeding.

(a) The tenants' agent and the marina owner shall mutually agree upon one (1) or more arbitrators. If the parties cannot mutually agree upon one (1) or more arbitrators, the parties may petition the district court in the judicial district in which the marina in question is situated, which shall appoint an arbitrator or panel of arbitrators for the parties.

(b) In determining what constitutes a reasonable increase in a moorage rental rate the arbitrator shall consider and make written findings on each of the factors set forth in subsection (2) of this section.

(c) The arbitrator shall afford any party to the arbitration an opportunity to be heard, if requested, as provided herein.

(i) A hearing may be requested by a party requesting arbitration by including the request for hearing in the request for arbitration;

(ii) Other parties to the arbitration may request a hearing within five (5) business days after service upon them of the request for arbitration;

(iii) The hearing may be informal in nature provided the arbitrator adopts a hearing procedure that reasonably affords each party to the arbitration an opportunity to be heard;

(iv) The arbitrator shall issue written findings and conclusions within sixty (60) days of the appointment of the arbitrator, unless such time is extended by the written stipulation of the parties or upon a finding by the arbitrator that additional time is reasonably required;

(v) The costs of arbitration and the fees of the arbitrator shall be paid one-half (1/2) by the tenants and one-half (1/2) by the marina owner.

(4) Except as provided herein, rental increases shall be uniform throughout the floating home marina. Notwithstanding the foregoing provision:

(a) When rents within a floating home marina are structured by reason of slip or floating home size, amenities, slip location or otherwise, rental increases shall be uniform among all floating homes in the same rent tier; and

(b) A rental agreement may include an escalation clause for a pro rata share of any increase or decrease in the floating home marina's property taxes, utility assessments or other services as included in the monthly rental charge, after the effective date of such a change.

(5) No fees may be charged except for rent, services and utilities actually provided.

(6) No fees can be charged for services unless the services are listed in the rental agreement or unless ninety (90) days' notice is given.

(7) A tenant shall not be charged a fee for the enforcement of any of the rules and regulations of the floating home marina, except as provided in the rental agreement or rules and regulations of the floating home marina.

(8) Unless the tenant specifically requests the service from the landlord in writing, a tenant shall not be charged a fee for entry, installation, hookup or improvements as a condition of tenancy except for an actual fee or cost imposed by a local governmental ordinance or requirement directly related to the occupancy of the specific moorage site where the floating home is located and incurred as a portion of the development of the floating home marina as a whole. However, reasonable improvements and maintenance requirements may be included in the floating home marina rules and regulations. The landlord shall not require a tenant or prospective tenant to purchase, rent or lease goods or services for improvements from any person, company or corporation.

(9) Where the landlord provides master meter utilities to a tenant, the cost of the utilities must be separately stated each billing period along with the opening and closing meter readings. The landlord must also post the current rates charged by the utility in at least one (1) conspicuous place in the floating home marina.

(10) The landlord shall maintain year round facilities for garbage and trash disposal from the floating home marina.

(11) The landlord shall maintain entry lights and common area lighting, if any, in good working order.

(12) The landlord shall not prevent the ingress or egress to watercraft moorage contained within a floating home.

History:

[55-2708, added 1998, ch. 194, sec. 1, p. 700; am. 2008, ch. 303, sec. 1, p. 842.]
Idaho Code § 55-1910 — Idaho Code / Title 55 / Chapter 19 / Section 55-1910
55-1910 DUTIES OF COUNTY RECORDER.
Status: in_force

55-1910. Duties of county recorder. The record of survey filed with the county recorder of any county shall be assigned an instrument number and shall be bound or filed with other plats of like character in a book or file or through an approved electronic storage system designated as "Records of Surveys."

Proper indexes or electronic segregated searchable and retrieval files shall be kept of such record of survey by section, township and range.

The survey map transparency shall be stored for safekeeping in a reproducible condition. It shall be proper for the recorder to maintain for public reference a set of counter maps that are prints of the transparencies. The transparencies shall be produced for comparison upon demand, and full scale copies shall be made available to the public, at direct cost, by the county recorder.

History:

[55-1910, added 1978, ch. 107, sec. 1, p. 223; am. 2005, ch. 243, sec. 10, p. 761.]
Idaho Code § 55-2009 — Idaho Code / Title 55 / Chapter 20 / Section 55-2009
55-2009 SALES OF HOMES AND TRANSFER OF LOTS.
Status: in_force

55-2009. Sales of homes and transfer of lots. (1) No landlord shall deny any resident who owns his home the right to sell the home on a rented lot or require the resident to remove the home from the lot solely on the basis of the sale.

(2) The landlord shall not exact a commission or fee for the sale of a home on a rented space unless the landlord has acted as agent for the seller pursuant to a written agreement. The landlord may act as agent for the seller only upon the voluntary agreement of the seller and only if the landlord is licensed if licensure is required by law.

(3) A new rental agreement must be signed between the landlord and a prospective resident prior to the sale, transfer, assignment or subletting of the home if the home is to remain in the community. From the date of sale, assignment, transfer or subletting the new resident shall be bound by the terms of the agreement.

(4) The landlord shall approve or disapprove of the transfer, assignment or subletting of the home lot on the same basis that the landlord approves or disapproves of any new resident. Notice of approval or disapproval shall be given in writing within five (5) working days of receiving a written application.

(5) No home shall be removed from any community until the rent, including the month when the home is moved, together with all other charges specified in the rental agreement, are paid, or the provisions of section 55-2009A, Idaho Code, have been fully complied with and the landlord notified of date and time of removal.

History:

[55-2009, added 1980, ch. 177, sec. 1, p. 377; am. 1981, ch. 207, sec. 1, p. 372; am. 1988, ch. 196, sec. 7, p. 372.; am. 2011, ch. 184, sec. 9, p. 527.]
Idaho Code § 55-918 — Idaho Code / Title 55 / Chapter 9 / Section 55-918
55-918 EXTINGUISHMENT OF A CAUSE OF ACTION.
Status: in_force

55-918. Extinguishment of a cause of action. A cause of action with respect to a transfer or obligation under this act is extinguished unless action is brought:

(1) Under section 55-913(1)(a), Idaho Code, not later than four (4) years after the transfer was made or the obligation was incurred or, if later, not later than one (1) year after the transfer or obligation was or could reasonably have been discovered by the claimant;

(2) Under section 55-913(1)(b) or 55-914(1), Idaho Code, not later than four (4) years after the transfer was made or the obligation was incurred; or

(3) Under section 55-914(2), Idaho Code, not later than one (1) year after the transfer was made or the obligation was incurred.

History:

[55-918, added 1987, ch. 202, sec. 2, p. 428; am. 2015, ch. 342, sec. 8, p. 1295.]
Idaho Code § 55-608 — Idaho Code / Title 55 / Chapter 6 / Section 55-608
55-608 DEFEAT OF GRANT ON CONDITION SUBSEQUENT.
Status: in_force

55-608. Defeat of grant on condition subsequent. Where a grant is made upon condition subsequent, and is subsequently defeated by the nonperformance of the condition, the person otherwise entitled to hold under the grant must reconvey the property to the grantor or his successors, by grant duly acknowledged for record.

History:

[(55-608) R.S., sec. 2931; reen. R.C. & C.L., sec. 3116; C.S., sec. 5380; I.C.A., sec. 54-608.]
Idaho Code § 55-110 — Idaho Code / Title 55 / Chapter 1 / Section 55-110
55-110 POSSIBILITIES.
Status: in_force

55-110. Possibilities. A mere possibility, such as the expectancy of an heir apparent, is not to be deemed an interest of any kind.

History:

[(55-110) R.S., sec. 2835; reen. R.C. & C.L., sec. 3066; C.S., sec. 5334; I.C.A., sec. 54-110.]
Idaho Code § 55-306 — Idaho Code / Title 55 / Chapter 3 / Section 55-306
55-306 LOCAL GOVERNMENT — NO RENT CONTROL.
Status: in_force

55-306. Local Government — no rent control. A local governmental unit shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of mandating Idaho property owners to be forced to participate in an optional federal housing assistance program or any other program or law that would otherwise regulate rent, fees, or deposits charged for leasing private residential property. The provisions of this section do not impair the right of any local governmental unit to manage and control residential property in which the local governmental unit has a property interest.

History:

[55-306, added 2025, ch. 65, sec. 6, p. 313.]
Idaho Code § 55-817 — Idaho Code / Title 55 / Chapter 8 / Section 55-817
55-817 DURATION OF NOTICE.
Status: in_force

55-817. Duration of notice. No public record of any mortgage or other lien on real property, given prior to July 1, 1945, shall constitute notice of the existence or contents of such mortgage or lien, to subsequent purchasers or encumbrancers of the property affected thereby, for a longer period than ten (10) years from the date of maturity of such obligation or indebtedness, as changed by extension, if any, of the time of payment, filed for record before the expiration of said period of ten (10) years, except as provided in section 2 hereof. If the public records do not disclose the date of maturity, then the date of the execution of such mortgage or lien shall be deemed the date of maturity of such obligation or indebtedness.

History:

[55-817, added 1935, ch. 107, sec. 1, p. 256; am. 1951, ch. 127, sec. 1, p. 295.]
Idaho Code § 55-1508 — Idaho Code / Title 55 / Chapter 15 / Section 55-1508
55-1508 RECORDATION OF INSTRUMENTS AFFECTING PROJECT.
Status: in_force

55-1508. Recordation of instruments affecting project. The declaration, plat or plats, deeds, by-laws, administrative provisions, articles of incorporation as provided in section 55-1506, any instrument by which the provisions of this act may be waived, and every instrument affecting the project or any condominium, and any amendment or amendments to such documents, shall be entitled to be recorded by the county recorder in the county or counties where the project is located, and such official shall accept the same for recordation when requested to do so.

History:

[55-1508, added 1965, ch. 225, sec. 8, p. 515.]
Idaho Code § 55-1112 — Idaho Code / Title 55 / Chapter 11 / Section 55-1112
55-1112 DISPOSAL OF PROCEEDS OF SALE.
Status: in_force

55-1112. Disposal of proceeds of sale. If the sale is made, the proceeds thereof, to the amount of the homestead exemption, must be paid to the claimant, and the balance applied to the satisfaction of the execution.

History:

[(55-1112) 1863, p. 575, sec. 3; R.S., sec. 3054; reen. R.C. & C.L., sec. 3192; C.S., sec. 5456; I.C.A., sec. 54-1112.]
Idaho Code § 55-3211 — Idaho Code / Title 55 / Chapter 32 / Section 55-3211
55-3211 PROHIBITED CONDUCT — RENTAL RESTRICTIONS.
Status: in_force

55-3211. prohibited conduct — rental restrictions. No homeowner's association may add, amend, or enforce any covenant, condition, or restriction in such a way that limits or prohibits the rental, for any amount of time, of any property, land, or structure thereon within the jurisdiction of the homeowner's association, unless expressly agreed to in writing at the time of such addition or amendment by the owner of the affected property. Nothing in this section shall be construed to prevent the enforcement of valid covenants, conditions, or restrictions limiting a property owner's right to transfer his interest in land or the structures thereon as long as that covenant, condition, or restriction applied to the property at the time the homeowner acquired his interest in the property.

History:

[55-3211, added 2022, ch. 323, sec. 4, p. 1045.]
Idaho Code § 55-813 — Idaho Code / Title 55 / Chapter 8 / Section 55-813
55-813 CONVEYANCE DEFINED.
Status: in_force

55-813. Conveyance defined. The term "conveyance" as used in this chapter, embraces every instrument in writing by which any estate or interest in real property is created, alienated, mortgaged or encumbered, or by which the title to any real property may be affected, except wills.

History:

[(55-813) 1863, p. 528, sec. 35; R.S., sec. 3002; reen. R.C. & C.L., sec. 3161; C.S., sec. 5425; I.C.A., sec. 54-813.]
Idaho Code § 55-2009D — Idaho Code / Title 55 / Chapter 20 / Section 55-2009D
55-2009D RELEASE OF OWNER'S INTEREST IN ABANDONED HOME.
Status: in_force

55-2009D. release of owner's interest in abandoned home. (1) A legal owner of an abandoned home in the possession of a person holding a lien under the provisions of this chapter may release any interest in the home after the lien has attached.

(2) The release shall contain the following information:

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

(b) The names and addresses of the legal owners of record;

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

(d) A statement that the person releasing the interest understands that he or she has a legal right to a hearing in court prior to the sale of the abandoned home and that he or she waives the right to contest the claim.

(3) A copy of the release shall be filed with the department in connection with the transfer of interest in an abandoned home under the provisions of this section.

History:

[55-2009D, added 2011, ch. 184, sec. 13, p. 529.]
Idaho Code § 55-2603 — Idaho Code / Title 55 / Chapter 26 / Section 55-2603
55-2603 LOCAL REGULATION OF SPORT SHOOTING RANGE.
Status: in_force

55-2603. Local regulation of sport shooting range. (1) Except as otherwise provided in this act, this act does not prohibit a local unit of government from regulating the location and construction of a sport shooting range after the effective date of this act.

(2) A local unit of government may regulate noise produced as a result of a substantial change in the use of the range.

History:

[55-2603, added 1996, ch. 339, sec. 1, p. 1140; am. 2008, ch. 318, sec. 2, p. 880.]
Idaho Code § 55-1815 — Idaho Code / Title 55 / Chapter 18 / Section 55-1815
55-1815 REVOCATION.
Status: in_force

55-1815. Revocation. (1) A registration may be revoked by the commission after notice and hearing upon a written finding of fact that the subdivider has:

(a) Failed to maintain the requirements for continued registration;

(b) Failed to comply with the terms of a cease and desist order;

(c) In any court or administrative tribunal, been convicted, found liable or had a registration revoked for a crime, tort or other misconduct involving fraud, deception, false pretenses, misrepresentation, false advertising or dishonest dealing in land dispositions, including the offering or promotion of land disposition;

(d) Disposed of, concealed or diverted any funds or assets of any person so as to defeat the rights of subdivision purchasers;

(e) Failed faithfully to perform any stipulation or agreement made with the commission as an inducement to grant any registration, to reinstate any registration or to approve any promotional plan or public offering statement; or

(f) Made intentional misrepresentations or concealed material facts in an application for registration.

Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.

(2) If the commission finds after notice and hearing that the subdivider has committed a violation for which revocation could be ordered, it may issue a cease and desist order instead.

History:

[55-1815, added 1972, ch. 276, sec. 15, p. 667; am. 2010, ch. 214, sec. 16, p. 479.]
Idaho Code § 55-1909 — Idaho Code / Title 55 / Chapter 19 / Section 55-1909
55-1909 FILING FEE.
Status: in_force

55-1909. Filing fee. A fee of five dollars ($5.00) per page shall be charged for filing any record of survey.

History:

[55-1909, added 1978, ch. 107, sec. 1, p. 223; am. 1979, ch. 289, sec. 1, p. 768.]
Idaho Code § 55-812 — Idaho Code / Title 55 / Chapter 8 / Section 55-812
55-812 UNRECORDED CONVEYANCE VOID AGAINST SUBSEQUENT PURCHASERS.
Status: in_force

55-812. Unrecorded conveyance void against subsequent purchasers. Every conveyance of real property other than a lease for a term not exceeding one (1) year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded.

History:

[(55-812) 1863, p. 528, sec. 25; R.S., sec. 3001; reen. R.C. & C.L., sec. 3160; C.S., sec. 5424; I.C.A., sec. 54-812.]
Idaho Code § 55-312 — Idaho Code / Title 55 / Chapter 3 / Section 55-312
55-312 RECOVERY OF RENT ON LEASE FOR LIFE.
Status: in_force

55-312. Recovery of rent on lease for life. Rent due upon a lease for life may be recovered in the same manner as upon a lease for years.

History:

[(55-312) 55-304, R.S., sec. 2878; reen. R.C. & C.L., sec. 3086; C.S., sec. 5354; I.C.A., sec. 54-304; am. and redesig. 2025, ch. 65, sec. 3, p. 313.]
Idaho Code § 55-111A — Idaho Code / Title 55 / Chapter 1 / Section 55-111A
55-111A SUSPENSION OF POWER OF ALIENATION — FUTURE INTEREST BY POWER OF APPOINTMENT.
Status: in_force

55-111A. Suspension of power of alienation — Future interest by power of appointment. (1) The absolute power of alienation of property cannot be suspended by any limitation or condition whatever, for a longer permissible period than during the continuance of the lives of the persons in being at the creation of the limitation or condition, and twenty-five (25) years thereafter. No trust heretofore or hereafter created, either testamentary or inter vivos, shall be declared void, but shall be so construed as to eliminate parts violating the above provisions, and in such a way that the testators or trustors wishes are carried out to the greatest extent permitted by this section; and there shall be no presumption that a person is capable of having children at any stage of adult life.

(2) If a future interest or trust is created by exercise of a power of appointment, the permissible period is computed from the time the power is exercised if the power is a general power including a testamentary general power or from the time the power is created if the power is not a general power.

(3) Notwithstanding the provisions of subsection (1) of this section, there is no suspension of the power of alienation of property by a trust or by equitable interests under a trust if the trustee has power to sell, either express or implied, or if there is an unlimited power to terminate in one (1) or more persons in being.

(4) Furthermore, the provisions of subsection (1) of this section shall not limit transfers, outright or in trust, for charitable purposes or transfers to charitable entities.

History:

[55-111A, added 2008, ch. 77, sec. 2, p. 205.]
Idaho Code § 55-2504 — Idaho Code / Title 55 / Chapter 25 / Section 55-2504
55-2504 PROPERTY CONDITION DISCLOSURE REQUIRED.
Status: in_force

55-2504. Property condition disclosure required. Any person who intends to transfer any residential real property, including nonowner occupied rental property, on or after July 1, 1994, by any of the methods as set forth herein shall complete all applicable items in a property disclosure form prescribed under section 55-2508, Idaho Code. Except as provided in section 55-2505, Idaho Code, this chapter applies to any transfer by sale, exchange, installment sale contract, a lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property improved with or consisting of not less than one (1) nor more than four (4) dwelling units.

History:

[55-2504, added 1994, ch. 366, sec. 1, p. 1173; am. 1997, ch. 229, sec. 2, p. 668.]
Idaho Code § 55-314 — Idaho Code / Title 55 / Chapter 3 / Section 55-314
55-314 DUTIES OF TENANT FOR LIFE.
Status: in_force

55-314. Duties of tenant for life. The owner of a life estate must keep the buildings and fences in repair from ordinary waste, and must pay the taxes and other annual charges, and a just proportion of extraordinary assessments benefiting the whole inheritance.

History:

[(55-314) 55-311, R.S., sec. 2885; reen. R.C. & C.L., sec. 3093; C.S., sec. 5361; I.C.A., sec. 54-311; am. and redesig. 2025, ch. 65, sec. 11, p. 314.]
Idaho Code § 55-814 — Idaho Code / Title 55 / Chapter 8 / Section 55-814
55-814 REVOCATION OF POWER TO BE RECORDED.
Status: in_force

55-814. Revocation of power to be recorded. No instrument containing a power to convey or execute instruments affecting real property, which has been recorded, is revoked by any act of the party by whom it was executed, unless the instrument containing such revocation is also acknowledged or proved, certified and recorded in the same office in which the instrument containing the power was recorded.

History:

[(55-814) 1863, p. 528, sec. 27; R.S., sec. 3003; reen. R.C. & C.L., sec. 3162; C.S., sec. 5426; I.C.A., sec. 54-814.]
Idaho Code § 55-311 — Idaho Code / Title 55 / Chapter 3 / Section 55-311
55-311 RELOCATION OF ACCESS.
Status: in_force

55-311. Relocation of access. Where, for motor vehicle travel, any access which is less than a public dedication, has heretofore been or may hereafter be, constructed across private lands, the person or persons owning or controlling the private lands shall have the right at their own expense to change such access to any other part of the private lands, but such change must be made in such a manner as not to obstruct motor vehicle travel, or to otherwise injure any person or persons using or interested in such access.

History:

[(55-311) 55-313, 1985, ch. 252, sec. 1, p. 586; am. and redesig. 2025, ch. 65, sec. 13, p. 315.]
Idaho Code § 55-1006 — Idaho Code / Title 55 / Chapter 10 / Section 55-1006
55-1006 PRESUMPTION OF ABANDONMENT — DECLARATION OF NONABANDONMENT.
Status: in_force

55-1006. Presumption of abandonment — Declaration of nonabandonment. A homestead is presumed abandoned if the owner vacates the property for a continuous period of at least six (6) months. However, if an owner is going to be absent from the homestead for more than six (6) months but does not intend to abandon the homestead, and has no other principal residence, the owner may execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of nonabandonment of homestead and file the declaration for record in the office of the recorder of the county in which the property is situated. The declaration of nonabandonment of homestead must contain:

(1) A statement that the owner claims the property as a homestead, that the owner intends to occupy the property in the future, and that the owner claims no other property as a homestead;

(2) A statement of where the owner will be residing while absent from the homestead property, the estimated duration of the owner's absence, and the reason for the absence; and

(3) A legal description of the homestead property.

History:

[55-1006, added 1989, ch. 371, sec. 2, p. 935.]
Idaho Code § 55-2009C — Idaho Code / Title 55 / Chapter 20 / Section 55-2009C
55-2009C NOTICE OF SALE.
Status: in_force

55-2009C. notice of sale. Prior to any sale pursuant to the provisions of section 55-2009B, Idaho Code, the possessory lienholder shall give at least ten (10) days' notice of the sale by advertising in one (1) issue of a newspaper of general circulation in the county in which the abandoned home is located. Prior to the sale of any home to satisfy a lien, twenty (20) days' notice by certified mail shall be given to the legal owner and to the department. All notices shall specify the make, the vehicle identification number and the date, time and place of the sale.

History:

[55-2009C, added 2011, ch. 184, sec. 12, p. 529.]
Idaho Code § 55-2904 — Idaho Code / Title 55 / Chapter 29 / Section 55-2904
55-2904 ANTENNA SUPPORT STRUCTURES — ANTENNAS — RESTRICTIONS ON LOCAL UNITS OF GOVERNMENT.
Status: in_force

55-2904. Antenna support structures — Antennas — Restrictions on local units of government. Any rule or ordinance of a local unit of government involving the placement, screening or height of antennas and towers based on health, safety or aesthetic considerations must be crafted to reasonably accommodate amateur radio communications and to represent the minimum practicable regulation to accomplish a legitimate purpose of the local unit of government.

History:

[55-2904, added 2001, ch. 316, sec. 1, p. 1126.]
Idaho Code § 55-904 — Idaho Code / Title 55 / Chapter 9 / Section 55-904
55-904 POWER OF REVOCATION NOT SUBJECT TO EXERCISE BEFORE GRANT — WHEN DEEMED EXECUTED.
Status: in_force

55-904. Power of revocation not subject to exercise before grant — When deemed executed. Where a person having the power of revocation within the provisions of the last section is not entitled to execute it until after the time at which he makes such a grant or charge as is described in that section, the power is deemed to be executed as soon as he is entitled to execute it.

History:

[(55-904) 1863, p. 540, sec. 5; R.S., sec. 3018; reen. R.C. & C.L., sec. 3167; C.S., sec. 5431; I.C.A., sec. 54-904.]
Idaho Code § 55-2203 — Idaho Code / Title 55 / Chapter 22 / Section 55-2203
55-2203 DAMAGE PREVENTION BOARD.
Status: in_force

55-2203. damage prevention board. (1) The Idaho damage prevention board is hereby created and made a part of the division of occupational and professional licenses. The principal purpose of the board is to reduce damages to underground facilities and to promote safe excavation practices through education directed toward excavators, underground facility owners and the public at large. The board also shall review complaints of alleged violations of this chapter. It shall be the responsibility and duty of the administrator to administer this chapter, and the administrator shall exercise such powers and duties as are reasonably necessary to enforce the provisions of this chapter.

(2) The board shall consist of eleven (11) members, each of whom shall be appointed by and serve at the pleasure of the governor. All members of the board shall be qualified by experience, knowledge and integrity in formulating rules, reviewing complaints referred to it, assessing penalties, and properly performing the functions of the board. Of the eleven (11) members, one (1) each shall represent the interests of the following designated groups and be:

(a) A city official or a county official;

(b) An employee or elected official of a highway district;

(c) An employee of the Idaho public utilities commission;

(d) An employee or officer of a one-number notification service entity or a member of the Idaho utility coordinating council or similar cooperative statewide nonprofit organization created to coordinate the protection of underground facilities in specific geographic portions of the state;

(e) An employee or officer of an underground facility owner;

(f) An employee or officer of an underground pipeline facility owner;

(g) An employee or officer of a rural underground facility owner;

(h) An employee or officer of a contractor;

(i) An employee or officer of a building contractor;

(j) An employee or officer of an excavator; and

(k) An employee or owner of an agricultural enterprise, a representative of the agriculture industry, or an employee or an official of a public entity that delivers water for irrigation.

(3) Each member of the board shall serve a term of four (4) years, and such terms shall be staggered. The initial board shall have three (3) members whose terms expire July 1, 2018; four (4) members whose terms expire July 1, 2019; and four (4) members whose terms expire July 1, 2020. Thereafter, each board member shall be appointed for a term of four (4) years. No member of the board may be appointed to more than two (2) consecutive terms. A member may continue to serve until a successor is appointed. A successor must represent the same designated group that his predecessor was appointed to represent.

(4) The board shall meet within thirty (30) days after the appointment of all its members and thereafter at such other times as may be expedient and necessary for the proper performance of its duties, but the board shall hold at least two (2) regular meetings per year. At the board's first meeting, the members shall elect one (1) of their number to be chairman and one (1) to serve as the vice chairman. The chairman may serve in such capacity for a one (1) year term and may not serve in such capacity for more than two (2) consecutive terms. A majority of the board shall constitute a quorum for the transaction of business. The administrator shall serve as the secretary to the damage prevention board.

(5) Each member of the board shall be compensated as provided by section 59-509(n), Idaho Code.

(6) Each member of the board who is a contractor shall be registered in accordance with chapter 52, title 54, Idaho Code, and shall be in good standing.

(7) The activities of the board shall be funded by a fee established by the board and promulgated in rule. Such fee shall be adopted by the board by no less than eight (8) affirmative votes at a meeting duly called for such purpose at which a quorum is present and shall be imposed uniformly upon all of the underground facility owners required by the provisions of this chapter to participate in and cooperate with the one-number notification service. The fee shall be assessed upon an underground facility owner each time such owner receives notice from a one-number notification service as required by section 55-2205, Idaho Code. The fee is established to defray the expenses of the board and the division in supervising, regulating and administering the provisions of this chapter, and the provision of services hereunder. The fee assessed upon an underground facility owner shall be collected by a one-number notification service and payable to the board in accordance with a schedule and in a manner established by the board in rule. All fees collected by the board shall be deposited with the state treasurer to be credited to the occupational licenses fund.

(8) The board shall cause educational materials regarding safe digging practices and the dangers of failing to provide notice prior to excavating to be prepared and distributed statewide on an ongoing basis. The board may enter into agreements with other entities for this purpose.

(9) The board, by rule, may adopt or create training programs on all pertinent underground damage prevention topics, which may include, but are not limited to, safe excavation, locating and marking of facilities, determining facility damage, emergency procedures, excavator downtime, pre-marking of intended excavation areas, and procedures used when encountering unmarked facilities, for general use or for remedial training that may be ordered by the board pursuant to section 55-2211, Idaho Code.

(10) The board shall periodically review the effectiveness of the methods used for maintaining effective communications among stakeholders from receipt of an excavation notification until successful completion of the excavation and may adopt, by rule, methods to maintain or improve these communications among stakeholders.

(11) The board shall review complaints alleging violations of this chapter by any party against any other party subject to the jurisdiction of the board involving practices related to public safety and underground facilities damage prevention, including but not limited to notification procedures, pre-marking of areas to be excavated, marking of facilities, excavation practices, excavator downtime, inaccurate location of facilities, untimely location of facilities, untimely commencement of excavation, failure of a permitting entity to reinstate a permit in a timely manner, failure of an underground facility owner to participate in a one-number notification service as required, or failure by a party to report damage data when required, and may impose appropriate training requirements or enforcement discipline as authorized by this chapter. The proceedings shall be governed by the provisions of section 55-2211 and chapter 52, title 67, Idaho Code. Any party aggrieved by the action of the board shall be entitled to judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.

(12) To continually evaluate and improve program effectiveness, the board shall analyze the data collected pursuant to section 55-2208, Idaho Code, including the number of reported damage and downtime events and trends, the causes of such damage and any recommendations to further reduce the number of damage or downtime events annually. The board shall make its analysis publicly available.

(13) The board shall adopt, by rule, a process for reviewing the adequacy of underground facility owners' use of internal performance measures for those locating underground facilities and recommending changes to improve such performance.

(14) The board shall adopt, by rule, a process for reviewing and promoting the use, by all appropriate stakeholders, of improving technologies that may enhance communications, underground facility locating capability and the gathering and analysis of appropriate data.

(15) The board is authorized and directed to promulgate rules consistent with this act for the administration of this chapter and to effectuate the purpose thereof, except as may be limited or prohibited by law and the provisions of this chapter.

(16) The board may exercise such powers and duties as are reasonably necessary to carry out the provisions of this chapter. The board is authorized to and may, among other activities:

(a) Hold meetings and attend or be represented at such meetings, prepare and publish rules pertaining to this section, make investigation or inquiry, conduct hearings, report findings and enter orders in matters over which the board has authority;

(b) Summon witnesses to appear and testify before it on any matter within the provisions of this chapter. No person shall be required to testify outside the county wherein he resides or where his principal place of business is located. A summons to testify shall be issued and served in like manner as a subpoena of a witness issued from the district court, or in any other manner consistent with the procedures of the division of occupational and professional licenses;

(c) Administer oaths and take affirmations of witnesses appearing before the board and appoint competent persons to issue subpoenas, administer oaths and take testimony, and appoint hearing officers;

(d) Impose civil penalties and conduct hearings related thereto for violations of this chapter or the rules of the board;

(e) Enter into agreements with any vendor or contractor to provide services or administer any obligation imposed on the board or the administrator by law, as well as the authority to make expenditures, and to make purchases in accordance with chapter 57, title 67, Idaho Code, to effectuate such agreements; and

(f) Delegate to the administrator the power to perform ministerial functions, conduct investigations, recommend and collect civil penalties on its behalf and appoint hearing officers.

(17) The board may establish by administrative rule the fines to be paid for penalties issued for violations of this chapter. In no case shall the penalty exceed the limits prescribed in section 55-2211, Idaho Code.

(18) The board may receive contributions, gifts and grants on behalf of and in aid of the program. Such contributions, gifts and grants shall be deposited in the occupational licenses fund.

History:

[55-2203, added 2016, ch. 325, sec. 3, p. 896; am. 2021, ch. 222, sec. 43, p. 654; am. 2021, ch. 224, sec. 79, p. 691.]
Idaho Code § 55-104 — Idaho Code / Title 55 / Chapter 1 / Section 55-104
55-104 INTERESTS IN COMMON.
Status: in_force

55-104. Interests in common. Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, or unless acquired as community property.

History:

[55-104, added R.S., sec. 2828; reen. R.C. & C.L., sec. 3059; C.S., sec. 5328; I.C.A., sec. 54-104.]
Idaho Code § 55-808 — Idaho Code / Title 55 / Chapter 8 / Section 55-808
55-808 PLACE OF RECORD.
Status: in_force

55-808. Place of record. Instruments entitled to be recorded must be recorded by the county recorder of the county in which the real property affected thereby is situated.

History:

[(55-808) 1863, p. 528, sec. 23; R.S., sec. 2997; reen. R.C. & C.L., sec. 3156; C.S., sec. 5420; I.C.A., sec. 54-808.]
Idaho Code § 55-2901 — Idaho Code / Title 55 / Chapter 29 / Section 55-2901
55-2901 SHORT TITLE.
Status: in_force

55-2901. Short title. This chapter shall be known and may be cited as "The Emergency Communications Preservation Act."

History:

[55-2901, added 2001, ch. 316, sec. 1, p. 1126.]