reglab/housing_qa huggingface dataset:
ID Code § 58-811 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 8 - TOWN SITES|Section 58-811 - SUITS TO DETERMINE ADVERSE CLAIMS.

58-811. SUITS TO DETERMINE ADVERSE CLAIMS. In case there shall be adverse claimants to such lands, or to any part, parcel or share thereof, either party may bring a suit against the adverse claimant or claimants, in the district court of the judicial district, in the county in which the land shall be situated: provided, that no judge of the district court who has been an adverse claimant, directly or indirectly, of any portion of the lands embraced within such town, or who is a party to any action brought to determine the right to a conveyance of any portion of the lands within such town, shall entertain, hear or determine any action brought to determine any such claims, by or between any parties whomsoever; but in all such cases, if the cause shall be pending in a district court, the judge thereof shall order all papers, with a transcript of the record in said cause, to be transmitted to another judicial district, as in cases of change of venue: provided, that the laws applicable to a change of venue shall apply to actions brought under this chapter. Suits shall be brought against adverse claimants as defendants, and it shall not be necessary to make the district judge or corporate authorities parties thereto. The complaint must show what interest or estate in the lands in controversy the plaintiff claims.  History: [(58-811) 1874, p. 698, sec. 5; R.S., sec. 2204; am. 1905, p. 84, sec. 10; reen. R.C. & C.L., sec. 2157; C.S., sec. 3774; I.C.A., sec. 56-711.]
ID Code § 58-812 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 8 - TOWN SITES|Section 58-812 - FIRST SETTLER ENTITLED TO LAND.

58-812. FIRST SETTLER ENTITLED TO LAND. Upon the trial in such action either party may give in evidence the statement mentioned in this chapter, deposited by the other, or by the person under whom he claims, with the corporate authorities or judge holding the title to the lands in controversy therein, and the person who made the first claim to, and settlement upon such lands, either in person or by agent, servant or tenant, or those claiming under him, must in such actions be deemed to have the right to such lands, provided there has been no abandonment thereof since such settlement.  History: [(58-812) 1874, p. 698, sec. 6; R.S., sec. 2205; reen. R.C. & C.L., sec. 2158; C.S., sec. 3775; I.C.A., sec. 56-712.]
ID Code § 58-813 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 8 - TOWN SITES|Section 58-813 - NOTICE TO COMMENCE SUIT.

58-813. NOTICE TO COMMENCE SUIT. In case suits shall not be brought for the purpose of settling or determining any controversy to any such lands by either of the adverse claimants, within sixty (60) days after the expiration of the time for filing the statement as provided in section 58-804[, Idaho Code], it shall be the duty of the judge or corporate authorities to give notice to the adverse claimant last filing his claim, or if there be more than one adverse claim filed, then to the last adverse claimant, directing him to commence his action against the other claimants as defendants to determine their respective rights to said lands, within twenty (20) days from service of notice on him, and in case such adverse claimant neglects or refuses to commence the action within the time specified, he shall be deemed to have waived and relinquished all right, title, interest and estate in the lands so in controversy, and be forever barred from asserting or claiming any right, title, interest or estate therein. Such notice may be served by the sheriff of the county in which said town is situated, or by any person over the age of twenty-one (21) years, and proof of such service may be made as in case of summons issued out of the district court. If the person or sheriff to whom said notice is given to serve, shows by affidavit or return that such adverse claimant can not be found in the county in which said lands are situated, service of such notice shall be by publication thereof for three (3) weeks in some newspaper published in the county where the lands are situated, and if no paper be published in said county, then by posting such notice in three (3) public places in the town where the lands are situate, and in addition thereto said notice shall be mailed to such adverse claimant at his residence or usual place of abode. In case there be more than one adverse claimant, and the last neglect or refuse to commence his action after service of notice as aforesaid, said judge or corporate authority shall serve like notice on the last adverse claimant until all have been notified as aforesaid. The provisions of this section shall apply to, and have the same effect of notice and forfeiture as against any adverse claimants to, lands and lots in town sites heretofore entered under said act of congress, after notice shall have been served as aforesaid.  History: [(58-813) 1874, p. 698, sec. 7; R.S., sec. 2206; am. 1905, p. 84, sec. 11; reen. R.C. & C.L., sec. 2159; C.S., sec. 3776; I.C.A., sec. 56-713.]
ID Code § 58-814 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 8 - TOWN SITES|Section 58-814 - SERVICE OF SUMMONS.

58-814. SERVICE OF SUMMONS. Whenever complaint shall be filed in any action as provided in this chapter, summons shall issue against the proper parties, and shall be served upon the proper person or persons named therein, as in other cases provided by law, or upon the agent or attorney of such person or persons who shall have filed the statements as required in section 58-804[, Idaho Code]; and in case service cannot be had upon the defendant, his agent or attorney, service may be made by publication thereof as provided by law.  History: [(58-814) 1905, p. 84, sec. 12; reen. R.C. & C.L., sec. 2160; C.S., 3777; I.C.A., sec. 56-714.]
ID Code § 58-815 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 8 - TOWN SITES|Section 58-815 - CONVEYANCE OF LAND IN SUIT.

58-815. CONVEYANCE OF LAND IN SUIT. The corporate authorities or judge, as the case may be, shall convey said lands in accordance with the judgments entered in such actions: provided, however, in case of appeals or writs of error to the Supreme Court, such conveyance shall not be made until final determination by the decision of the Supreme Court.  History: [(58-815) 1905, p. 84, sec. 13; reen. R.C. & C.L., sec. 2161; C.S., sec. 3778; I.C.A., sec. 56-715; am. 1975, ch. 214, sec. 7, p. 594.]
ID Code § 58-816 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 8 - TOWN SITES|Section 58-816 - EXPENSE OF ENTRY A CHARGE ON LAND.

58-816. EXPENSE OF ENTRY A CHARGE ON LAND. As soon as may be after the expiration of sixty (60) days after the first publication of the notice mentioned in section 58-803[, Idaho Code], the corporate authorities or judge holding the title to the lands described in such notice must make a true statement in writing containing a true account of all moneys expended in the acquisition of the title and the administration or execution of the trust to that time, including all moneys paid for the purchase of such land, all necessary traveling expenses, all moneys paid for posting and publishing notices, and the proof thereof, all costs of surveys and platting such lands, all necessary attorneys’ fees and costs of suit or actions necessarily prosecuted or defended in obtaining title to said lands, and for all other necessary and proper expenses incident to such trust, and also a true account of his time and service in the business of such trust to that time. The whole amount of such account for moneys so advanced, and reasonable charges for compensation as herein provided, is a charge upon the lands so held in trust, in favor of the trustee, and must be paid by the several claimants entitled to such lands who have filed their claims within the time mentioned in section 58-804, in proportion to the several quantities of shares thereof to which they are respectively entitled: provided, however, in incorporated cities or villages where the lands claimed are, owing to location, contour of surface or other causes, of different values, the city council, trustees or other legislative body of such city or village, may by ordinance fix the part or portion of the moneys so expended by such trustee and which are a charge against such lands, as herein provided, which shall be charged to each parcel of land, which shall be as near as may be in accordance with the relative values of the different parcels of land.  History: [(58-816) R.S., sec. 2207; am. 1905, p. 84, sec. 14; reen. R.C. & C.L., sec. 2162; C.S., sec. 3779; I.C.A., sec. 56-716.]
ID Code § 58-817 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 8 - TOWN SITES|Section 58-817 - TENDER OF CHARGES AND FEES.

58-817. TENDER OF CHARGES AND FEES. Before the corporate authorities or judge holding any such lands in trust as aforesaid can be required to execute, acknowledge or deliver any conveyance thereof, or of any lot, block, parcel or share thereof, as hereinbefore mentioned, to any person claiming to be entitled to such conveyance, such person must pay or tender the sum of money chargeable upon the part thereof to be conveyed according to the statement or account mentioned in the last section, together with interest on each of the money items of such account at the rate of 24 per cent per annum from the time when the same accrued, and also such further sums as are a reasonable compensation for preparing, executing and acknowledging such conveyance, and the fees of the officer taking the acknowledgment thereof.  History: [(58-817) 1874, p. 698, sec. 9; am. R.S., sec. 2208; am. R.C., sec. 2163; reen. C.L., sec. 2163; C.S., sec. 3780; I.C.A., sec. 56-717.]
ID Code § 58-818 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 8 - TOWN SITES|Section 58-818 - CONVEYANCE TO CLAIMANTS.

58-818. CONVEYANCE TO CLAIMANTS. After the expiration of sixty (60) days from the time of the first publication of the notice, the corporate authorities or judge holding the title to the lands described therein, must, upon a reasonable demand or request, and upon the payment or tender of the moneys mentioned in the last preceding section [58-817, Idaho Code], execute, acknowledge and deliver to each and every claimant, association or company of claimants of such lands, or of any lot, block, parcel or share thereof, a conveyance thereof, according to the statement made and deposited as aforesaid: provided, that no such conveyance must be executed, acknowledged or delivered for any part, lot, block or share of such lands to which there are adverse claimants, until the controversy thereon is settled or determined in the manner hereinbefore prescribed, and whenever any such controversy is so settled or determined, the said corporate authorities or judge must, upon the like demand or request, and the like payment or tender, convey the land, or interest, or share therein, the right to which has been thus ascertained, to the person thereby determined to be entitled to the same.  History: [(58-818) 1874, p. 698, sec. 10; am. R.S., sec. 2209; reen. R.C. & C.L., sec. 2164; C.S., sec. 3781; I.C.A., sec. 56-718.]
ID Code § 58-819 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 8 - TOWN SITES|Section 58-819 - RIGHTS OF TRUSTEE AS CLAIMANT.

58-819. RIGHTS OF TRUSTEE AS CLAIMANT. In case any judge or other officer who enters any such lands under the provisions of the acts of congress and thus becomes the sole trustee thereof, is possessed of, or entitled to, any part, lot, block or share thereof, according to and by virtue of the provisions of this chapter, and the same is not claimed adversely to him by any person, he is seized and possessed of the title thereto and estate therein to his own use in fee simple, absolute, free and discharged of such trust, and no conveyance other than the patent of the lands including the same is necessary to perfect his absolute title thereto. In case any such land or share therein so claimed by said judge or other officer, is claimed by any other person adversely to him, the conflicting claims must be adjusted or determined by settlement, arbitration or action as hereinbefore prescribed.  History: [(58-819) 1874, p. 698, sec. 11; am. R.S., sec. 2210; am. R.C., sec. 2165; reen. C.L., sec. 2165; C.S., sec. 3782; I.C.A., sec. 56-719.]
ID Code § 58-820 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 8 - TOWN SITES|Section 58-820 - TRUSTEE HOLDS TITLE FROM ENTRY.

58-820. TRUSTEE HOLDS TITLE FROM ENTRY. For the purpose of determining the rights of adverse claimants to any land so entered, the corporate authorities or judge hereinbefore mentioned is deemed to possess and hold the title to such lands in trust from the time of the entry thereof.  History: [(58-820) 1874, p. 698, sec. 12; reen. R.S., sec. 2211; reen. R.C. & C.L., sec. 2166; C.S., sec. 3783; I.C.A., sec. 56-720.]
ID Code § 58-821 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 8 - TOWN SITES|Section 58-821 - COSTS OF SUIT.

58-821. COSTS OF SUIT. The costs in the actions mentioned in this chapter are recoverable as in other civil actions.  History: [(58-821) 1874, p. 698, sec. 13; am. R.S., sec. 2212; reen. R.C. & C.L., sec. 2167; C.S., sec. 3784; I.C.A., sec. 56-721.]
ID Code § 58-822 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 8 - TOWN SITES|Section 58-822 - CONTRACTS FOR CONVEYANCE.

58-822. CONTRACTS FOR CONVEYANCE. Every person in whom the title to any lands is vested under and by the provisions of this chapter may be compelled to specifically perform any prior valid agreement for a conveyance.  History: [(58-822) 1874, p. 698, sec. 14; R.S., sec. 2213; reen. R.C. & C.L., sec. 2168; C.S., sec. 3785; I.C.A., sec. 56-722.]
ID Code § 58-823 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 8 - TOWN SITES|Section 58-823 - SUCCESSOR IN OFFICE SUCCEEDS TO TRUST.

58-823. SUCCESSOR IN OFFICE SUCCEEDS TO TRUST. The successor in office of any judge, mayor or other officer who entered lands under said laws of the United States, or who was trustee for the execution of the trust in that behalf, whether such officer or trustee acted under this chapter, or under any other general law, or any local or special act relating to any city or incorporated town, shall succeed to the trust, and shall have authority to execute the same as fully as his predecessor, the original trustee, might have done while in office; and when a mayor’s or other trustee’s deed of any block, lot, share or parcel of any such town site has been lost or can not be found, and there is no record thereof in the office of the county recorder, such successor, upon application to him in writing, duly verified, showing that no mayor’s or other trustee’s deed can be found to the part or parcel of such town site described in the application, and that no such deed thereto is of record in the office of the recorder of the county, and that the applicant, his ancestor, predecessor or grantor has been in the quiet, peaceable and undisturbed possession of said premises under claim of title for the full period of five (5) years next before the application, must, by good and sufficient conveyance, grant and convey the title of the premises described in the application to the applicant, which conveyance must be executed and acknowledged, and shall take and have effect as provided by section 58-802[, Idaho Code], for which and the acknowledgment thereof the trustee shall be entitled to receive a fee of five dollars ($5.00) from the applicant: provided, that in every such application for a deed under the provisions of this section, where an adverse claim to such parcel of said town site shall be made to such mayor for the same, the mayor in every such case shall remit the parties claiming deeds to the same to a court of competent jurisdiction to settle the same, and when so determined, then the said mayor shall execute such deed to the prevailing party.  History: [(58-823) 1874, p. 698, sec. 15; R.S., sec. 2214; am. 1890-1891, p. 201, sec. 1; reen. 1899, p. 141, sec. 1; am. R.C., sec. 2169; reen. C.L., sec. 2169; C.S., sec. 3786; I.C.A., sec. 56-723.]
ID Code § 58-901 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 9 - POSSESSORY ACTIONS FOR PUBLIC LANDS|Section 58-901 - ACTIONS TO PROTECT POSSESSORY RIGHTS.

58-901. ACTIONS TO PROTECT POSSESSORY RIGHTS. Any person being a citizen of the United States or having in accordance with law declared his intention to become a citizen, occupying and settled upon any of the public lands of the United States in this state for the purpose of cultivating or grazing the same, may commence and maintain any action for interference with, or injury to his possession of such land, against any person interfering with or injuring the same; but if such land contains mines of any of the precious metals, the possession or claim of the person occupying the same for the purposes aforesaid must not prevent the working of such mines by persons desiring to work the same, as fully as if no such claim for agricultural or grazing purposes had been made thereon: provided, that this chapter must not be so construed as to allow a person, subsequent to the location of land for agricultural or grazing purposes, to go upon such lands for the purpose of mining without first paying the owner thereof the value of any growing crops he may destroy; this provision does not extend to any crops planted subsequent to their location for mining purposes; and this chapter must not be construed to authorize the maintenance of any claim upon lands which, at the commencement of any such action, may have been selected by the United States and reserved for any purpose.  History: [(58-901) 1874, p. 751, sec.1; R.S., R.C., & C.L., sec. 4552; C.S., sec. 6971; I.C.A., sec. 56-801.]
ID Code § 58-902 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 9 - POSSESSORY ACTIONS FOR PUBLIC LANDS|Section 58-902 - CLAIM — WHAT TO CONTAIN.

58-902. CLAIM — WHAT TO CONTAIN. Every claim, to enable the holder to maintain any action as aforesaid, must contain not more than 160 acres of land, to be in compact form, and so distinctly marked that the boundaries thereof may be easily traced: provided, that when the United States government has set aside any tract of land subject to homestead entry of not more than 320 acres in such homestead, each claim under the provisions of this chapter may contain 320 acres.  History: [(58-902) 1874, p. 751, sec. 2; R.S. & R.C., sec. 4553; am. 1913, ch. 102, sec. 1, p. 422; reen. C.L., sec. 4553; C.S., sec. 6972; I.C.A., sec. 56-802.]
ID Code § 58-903 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 9 - POSSESSORY ACTIONS FOR PUBLIC LANDS|Section 58-903 - CLAIM — NOTICE — AFFIDAVIT — RECORDING.

58-903. CLAIM — NOTICE — AFFIDAVIT — RECORDING. Every such claim must be accurately described in a written notice, which must be recorded in the office of the recorder of the county wherein the claim is situated, in a book to be kept for that purpose, together with an affidavit of the claimant setting forth: 1. That such claim does not embrace more than 320 acres of land. 2. That he holds no other claim under the provisions of this chapter. 3. That to the best of his information and belief, no part of said land is claimed under any existing adverse title.  History: [(58-903) 1874, p. 751, sec. 3; R.S. & R.C., sec. 4554; am. 1913, ch. 102, sec. 2, p. 423; reen. C.L., sec. 4554; C.S., sec. 6973; I.C.A., sec. 56-803.]
ID Code § 58-904 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 9 - POSSESSORY ACTIONS FOR PUBLIC LANDS|Section 58-904 - IMPROVEMENT, CULTIVATION AND RESIDENCE.

58-904. IMPROVEMENT, CULTIVATION AND RESIDENCE. Within ninety (90) days after the date of such record said claimant must improve the land so recorded, unless the same has been previously improved by him or some one through whom he claims, by putting such improvements thereon as partake of the realty to the value of $200, and must continue to occupy and cultivate or graze the same or some portion thereof, either in person or by his agent or employee, and no person is entitled to maintain any such action unless he has complied with all the provisions of this chapter.  History: [(58-904) 1874, p. 751, sec. 4; R.S., R.C., & C.L., sec. 4555; C.S., sec. 6974; I.C.A., sec. 56-804.]
ID Code § 58-905 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 9 - POSSESSORY ACTIONS FOR PUBLIC LANDS|Section 58-905 - ACTIONS — PROOF OF IMPROVEMENTS.

58-905. ACTIONS — PROOF OF IMPROVEMENTS. In any action for the possession of, or for any injury done to, a lot or parcel of land, situated in any city, town or village on the public lands, the plaintiff must be required to prove either an actual inclosure of the whole lot claimed by him, or the erection of a dwelling house or other substantial building on some part thereof, by himself or some person through whom he claims, and proof of such building, with or without inclosure, is sufficient to hold such lot or parcel to the bounds thereof, as indicated by the plat of such city, town or village, if there be one, and if there be no such plat, then to hold the same, with its full width and extent from and including such building to the nearest adjacent street, where the intervening space has not been previously claimed by adverse possession.  History: [(58-905) 1874, p. 751, sec. 5; R.S., R.C., & C.L., sec. 4556; C.S., sec. 6975; I.C.A., sec. 56-805.]
ID Code § 58-1101 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 11 - REAL PROPERTY ACQUISITION|Section 58-1101 - SHORT TITLE.

58-1101. SHORT TITLE. This act shall be known as the "Idaho Real Property Acquisition Act of 1971."  History: [58-1101, added 1971, ch. 158, sec. 1, p. 774.]
ID Code § 58-1102 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 11 - REAL PROPERTY ACQUISITION|Section 58-1102 - DEFINITIONS.

58-1102. DEFINITIONS. As used in this act: (a) "Owner" means any individual, family, business, corporation, partnership, association, or farm operation having any right, title or interest in property which is acquired, condemned, or sought to be acquired or condemned by a department or an agency as defined in this act. (b) "Department" means the division of highways of the department of transportation of the state of Idaho. (c) "Political subdivision" means any local unit or agency of government of the state of Idaho, and includes but is not limited to good roads districts, highway districts, cities and counties. (d) "Agency" means any department, agency or instrumentality of the state of Idaho or of any political subdivision thereof which is financed in whole or in part by funds furnished by the federal government and which is authorized by the laws of the state of Idaho to acquire property by eminent domain. (e) "Business" means any lawful activity, excepting a farm operation, conducted primarily for the purchase, sale, resale, lease and rental of personal property and real property, and for the manufacture, processing or marketing of products, commodities, or any other personal property; or for the sale of services to the public; or by a nonprofit organization or corporation. (f) "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator’s support.  History: [58-1102, added 1971, ch. 158, sec. 2, p. 774.]