reglab/housing_qa huggingface dataset:
ID Code § 43-1003 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 10 - ANNEXATION OF LANDS TO DISTRICT|Section 43-1003 - NOTICE OF PETITION.

43-1003. NOTICE OF PETITION. The secretary must cause a notice of the filing of such petition to be published three (3) weeks in the manner of notices of special elections. The notice shall state the filing of such petition, and the names of the petitioners, a description of the lands mentioned in the said petition, and it shall notify all persons interested in or that may be affected by such change of boundaries of the district, to appear at the office of said board, at a time named in said notice, and show cause in writing, if any they have, why the lands mentioned should not be annexed to said district. The petitioners shall advance to the secretary sufficient money to pay the estimated costs of all proceedings under this chapter.  History: [(43-1003) 1903, p. 150, sec. 45; am. 1907, p. 484, sec. 1, subd. 45; reen. R.C. & C.L., sec. 2425; C.S., sec. 4413; I.C.A., sec. 42-1003; am. 1990, ch. 340, sec. 2, p. 924.]
ID Code § 43-1004 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 10 - ANNEXATION OF LANDS TO DISTRICT|Section 43-1004 - HEARING OF PETITION.

43-1004. HEARING OF PETITION. The board of directors, at the time mentioned in said notice or at such other time to which the hearing may be adjourned, shall hear the petition and all the objections thereto. The failure of any person to appear and object shall be taken as an assent on his part to a change of the boundaries of the district as prayed for in said petition, or to such a change thereof as will include a part of said lands.  History: [(43-1004) 1903, p. 150, sec. 46; am. 1907, p. 484, sec. 1, subd. 46; reen. R.C. & C.L., sec. 2426; C.S., sec. 4414; I.C.A., sec. 42-1004; am. 1990, ch. 340, sec. 3, p. 924.]
ID Code § 43-1005 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 10 - ANNEXATION OF LANDS TO DISTRICT|Section 43-1005 - ASSESSMENTS AGAINST PETITIONERS.

43-1005. ASSESSMENTS AGAINST PETITIONERS. The board of directors may require, as a condition to the granting of said petition, that the petitioners shall severally pay to such district such respective sums, as nearly as the same can be estimated, as said petitioners, or their grantors, would have been required to pay such district, had such lands been included in such district, at the time the same was originally formed.  History: [(43-1005) 1903, p. 150, sec. 47; am. 1907, p. 484, sec. 1, subd. 47; reen. R.C. & C.L., sec. 2427; C.S., sec. 4415; I.C.A., sec. 42-1005.]
ID Code § 43-1006 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 10 - ANNEXATION OF LANDS TO DISTRICT|Section 43-1006 - ORDER ACCEPTING OR REJECTING PETITION.

43-1006. ORDER ACCEPTING OR REJECTING PETITION. The board of directors, if they deem it not for the best interest of the district to include therein the lands mentioned in the petition, shall order that the petition be rejected. But if they deem it for the best interest of the district, the board may order the lands mentioned in said petition or some part thereof be annexed to said district. The order shall describe the lands to be annexed to said district and the board may cause a survey thereof to be made if deemed necessary, and said order will not become effective until the ninety (90) day period for presentation of an election petition shall have expired without such petition being presented or until approval of the annexation at an election.  History: [(43-1006) 1903, p. 150, sec. 48; am. 1907, p. 484, sec. 1, subd. 48; reen. R.C. & C.L., sec. 2428; C.S., sec. 4416; I.C.A., sec. 42-1006; am. 1990, ch. 340, sec. 4, p. 924.]
ID Code § 43-1008 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 10 - ANNEXATION OF LANDS TO DISTRICT|Section 43-1008 - ELECTION TO DETERMINE CHANGE.

43-1008. ELECTION TO DETERMINE CHANGE. If within ninety (90) days of board approval of an order allowing annexation a petition signed by either ten (10) landowners or by two percent (2%) of the landowners, whichever number is greater, of the district is presented to the board which petition states that those signing request an election to approve or disapprove said annexation, then the board shall order an election be held within said district to determine whether the boundaries of the district shall be changed as mentioned in said order; and shall fix the time at which such election shall be held. Notice thereof shall be given and published, and such election shall be held, and all things pertaining thereto conducted, in the manner prescribed by this title in case of an election to determine whether bonds of the district shall be issued. The ballots cast at said election shall contain the words "For change of boundary," or "Against change of boundary," or words equivalent thereto. The notice of election shall describe the lands to be annexed to said district.  History: [(43-1008) 1903, p. 150, sec. 50; am. 1907, p. 484, sec. 1, subd. 50; reen. R.C. & C.L., sec. 2430; C.S., sec. 4418; I.C.A., sec. 42-1008; am. 1990, ch. 340, sec. 6, p. 925.]
ID Code § 43-1009 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 10 - ANNEXATION OF LANDS TO DISTRICT|Section 43-1009 - ORDER CHANGING BOUNDARIES.

43-1009. ORDER CHANGING BOUNDARIES. If at such election a majority of all the votes cast at said election shall be against such change of the boundaries of the district, the board shall rescind its order and it shall be of no force or effect. But if a majority of such votes be in favor of such change, the order shall have full force and effect. Thereafter such land so annexed shall be subject to such assessments from time to time as the board of directors shall deem right under the circumstances, and such assessments shall be deemed to be assessments for benefits to said lands by reason of their annexation to said district. The directors shall state on their minutes at their next regular meeting which division and election precinct in said district the said lands so annexed shall be attached, and, if necessary, the board shall make an (an) order redividing the district into divisions and election precincts, in the same manner and to like effect, as near as may be, as provided for that purpose on the formation of a district.  History: [(43-1009) 1903, p. 150, sec. 51; am. 1907, p. 484, sec. 1, subd. 51; reen. R.C. & C.L., sec. 2431; C.S., sec. 4419; I.C.A., sec. 42-1009; am. 1990, ch. 340, sec. 7, p. 925.]
ID Code § 43-1010 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 10 - ANNEXATION OF LANDS TO DISTRICT|Section 43-1010 - ORDER TO BE RECORDED.

43-1010. ORDER TO BE RECORDED. Upon a change of the boundaries of a district becoming effective, a copy of the order of the board of directors ordering such change, certified by the president and secretary of the board, shall be filed for record in the recorder’s office of the county within which the annexed lands are situated, and thereupon the district shall be and remain an irrigation district, as fully and to every intent and purpose, as if the lands which are included in the district by the change of the boundaries as aforesaid, had been included therein at the original organization of the district.  History: [(43-1010) 1903, p. 150, sec. 52; reen. R.C. & C.L., sec. 2432; C.S., sec. 4420; I.C.A., sec. 42-1010; am. 1990, ch. 340, sec. 8, p. 926; am. 2001, ch. 192, sec. 1, p. 657.]
ID Code § 43-1011 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 10 - ANNEXATION OF LANDS TO DISTRICT|Section 43-1011 - ORDER RECORDED IN MINUTES — MINUTES AS EVIDENCE.

43-1011. ORDER RECORDED IN MINUTES — MINUTES AS EVIDENCE. Upon the filing of the copies of the order, as in the last preceding section mentioned, the secretary of the board shall record in the minutes of the board, the petition aforesaid, and the said minutes, or a certified copy thereof, shall be admissible in evidence, with the same effect as the petition.  History: [(43-1011) 1903, p. 150, sec. 53; reen. R.C. & C.L., sec. 2433; C.S., sec. 4421; I.C.A., sec. 42-1011.]
ID Code § 43-1101 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT|Section 43-1101 - PETITION.

43-1101. PETITION. Any person or persons owning land within any irrigation district and forming a part thereof may file with the board of directors of such irrigation district a petition in writing requesting the exclusion of the land or lands owned by them and described in the petition from the irrigation district. As many parties owning separate tracts or parcels of lands in any irrigation district or who are united in interest to which the same state of facts apply, may unite in the same petition. The petition shall be signed by all of the petitioners, but need not be acknowledged. A filing fee in the amount of five dollars ($5.00) for each parcel of land described in the petition shall accompany the filing of each petition, plus an exclusion fee in the amount of twenty-five dollars ($25.00) for each lot containing less than one (1) acre which is in a subdivision as defined in section 50-1301, Idaho Code, or an exclusion fee of fifty dollars ($50.00) for each parcel containing less than one (1) acre that is not in a subdivision, or an exclusion fee of fifty dollars ($50.00) for each acre and additional portion thereof in all other parcels of property, for which the district shall provide a suitable receipt evidencing payment. Any petition not accompanied by the required filing fee and exclusion fee shall be returned to the petitioner. The filing fee and the exclusion fee are borne by the petitioner and are not potentially apportionable costs as provided in sections 43-1105, 43-1106 and 43-1107, Idaho Code. A person or persons purchasing land under a written contract shall be deemed to be the owners of that land for purposes of this section.  History: [43-1101, added 1905, p. 220, sec. 1; am. R.C., sec. 2434; am. 1911, ch. 46, sec. 1, p. 102; reen. C.L., sec. 2434; C.S., sec. 4422; I.C.A., sec. 42-1101; am. 1972, ch. 325, sec. 1, p. 804; am. 1974, ch. 155, sec. 1, p. 1386; am. 1978, ch. 312, sec. 1, p. 803; am. 1988, ch. 134, sec. 1, p. 241; am. 1990, ch. 181, sec. 1, p. 387; am. 2017, ch. 94, sec. 1, p. 242.]
ID Code § 43-1102 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT|Section 43-1102 - GROUNDS FOR EXCLUSION, CERTAIN LANDS MAY REMAIN IN THE DISTRICT FOR DRAINAGE PURPOSES.

43-1102. GROUNDS FOR EXCLUSION, CERTAIN LANDS MAY REMAIN IN THE DISTRICT FOR DRAINAGE PURPOSES. (a) The grounds and reasons for exclusion of lands from an irrigation district are listed as follows: 1. The lands are too high to be watered without pumping by the owners of the lands from water owned or controlled by the irrigation district; 2. The owners of the lands have installed a good and sufficient water system independent of the water system of such irrigation district for the irrigation of the lands because the district does not own a sufficient water right to furnish an adequate water supply for those lands; 3. The lands in their present condition are not agricultural lands and the irrigation district has not: (i) Adopted a resolution to construct a distribution system for the lands pursuant to section 43-333, Idaho Code; or (ii) Called an election on the question of constructing a distribution system for the lands under the provisions of section 43-329, Idaho Code; or (iii) Independently or in cooperation with a city or county established a local improvement district to construct a distribution system for the lands; or (iv) Constructed a distribution system for the lands; or 4. Prior to acquisition of the land by the petitioning owner, and without his knowledge or consent, the ditch or other transmission facility extending from the delivery point of the district to the lands has been rendered permanently incapable of carrying water to the lands, but this ground for exclusion shall only apply to parcels less than five (5) acres in size. (b) If the lands sought to be excluded from an irrigation district under this section or under sections 43-1110 through 43-1117, Idaho Code, are benefited by surface drainage facilities of the irrigation district pursuant to sections 43-306 to 43-312, Idaho Code, but otherwise would qualify for exclusion, the lands shall be excluded for purposes of irrigation but shall remain a part of the district for purposes of drainage and shall continue to be assessable for drainage, but shall not be assessed for irrigation water.  History: [(43-1102) I.C. sec. 43-1101A, as added by 1972, ch. 325, sec. 2, p. 804; am. 1978, ch. 312, sec. 2, p. 803; am. and redesignated, 1990, ch. 181, sec. 2, p. 388; am. 1993, ch. 262, sec. 1, p. 895.]
ID Code § 43-1103 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT|Section 43-1103 - CONTENTS OF PETITION — SUPPORTING EVIDENCE — REPRESENTATIONS, CERTIFICATION AND LIABILITY.

43-1103. CONTENTS OF PETITION — SUPPORTING EVIDENCE — REPRESENTATIONS, CERTIFICATION AND LIABILITY. A petition for exclusion shall set forth all of the following: 1. A description of the land of each petitioner for which exclusion is requested; 2. The reasons why it is claimed the tract or tracts should be excluded and that, except for residential lands for which exclusion is requested under subsection (a)3 or (a)4 of section 43-1102, Idaho Code, the lands sought to be excluded are not benefited by the water rights, or by the irrigation in, or drainage by the district, or by ground water subject to recapture and use by the district and the exclusion will be for the best interests (1) of the owner of the land proposed to be excluded and (2) of the other lands in the district. 3. The petition shall be accompanied by such evidence of ownership of the land as is satisfactory to the board of directors of the district and, except for lands for which exclusion is requested under subsection (a)3 or (a)4 of section 43-1102, Idaho Code, by a deposit for costs in the amount established by the directors of the district as provided in section 43-1105, Idaho Code. The board of directors of the district shall return to the petitioner any petition not accompanied by both such proof of ownership and the filing and exclusion fees set by section 43-1101, Idaho Code, and no further action shall be required of the board with respect to such petition. A petition for exclusion filed with an irrigation district constitutes representations to the district by the petitioner or petitioners that the facts stated in the petition are true and correct and that no mortgagee or other person holds a lien of record in the county where the land for which exclusion is requested is located, for which the lienholder’s consent to the exclusion is required or that, if such consent is required, the consent has been granted by the lienholder. The petitioner shall be liable for any expenses or damages to lienholders or to other landowners or to the district resulting directly or indirectly from wrongful exclusion of lands by reason of untrue or incorrect statements in the petition.  History: [(43-1103) I.C. sec. 43-1101B, as added by 1972, ch. 325, sec. 3, p. 804; am. 1978, ch. 312, sec. 3, p. 804; am. and redesignated, 1990, ch. 181, sec. 3, p. 388.]
ID Code § 43-1105 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT|Section 43-1105 - SURVEY OF LAND TO BE EXCLUDED.

43-1105. SURVEY OF LAND TO BE EXCLUDED. The board of directors may cause any survey to be made it deems necessary for the purpose of determining the change in the district by reason of an exclusion or proposed exclusion. In any case where the land is excluded on the ground that it is too high to receive any benefit from the irrigation works of said district without pumping by the landowner, the cost of all surveys shall be borne by the irrigation district. The board may not, however, require a survey when the land sought to be excluded lies entirely within a subdivision as defined in section 50-1301, Idaho Code. If the land described in the petition is described in accordance with the public survey or in accordance with a plat approved, filed and recorded as provided by law, the cost of survey shall be borne by the district.  History: [(43-1105) 1905, p. 220, sec. 2; reen. R.C., sec. 2435; am. 1911, ch. 46, sec. 2, first part of subd. sec. 2435, p. 102; reen. C.L., sec. 2435; C.S., sec. 4423; I.C.A., sec. 42-1102; am. 1971, ch. 254, sec. 1, p. 1028; am. 1972, ch. 325, sec. 4, p. 804; am. and redesignated, 1990, ch. 181, sec. 5, p. 390.]
ID Code § 43-1106 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT|Section 43-1106 - APPEAL.

43-1106. APPEAL. An appeal shall lie from the decision of the board of directors of such irrigation district denying the petition or any part thereof to the district court of the county where the lands described in the petition are located. The appeal shall be taken in accordance with and shall be subject to the appeal provisions of section 43-719(4) and (5), Idaho Code. If an appeal results in an order of the district court excluding the lands described in the petition, or any of them, the time of segregation shall date from the date of the hearing before the board of directors of the district.  History: [(43-1106) R.C., sec. 2437; am. 1911, ch. 46, sec. 4, part of subd. 2437, p. 102; reen. C.L., sec. 2435b; C.S., sec. 4425; I.C.A., sec. 42-1104; am. and redesig. 1990, ch. 181, sec. 6, p. 390; am. 2012, ch. 143, sec. 1, p. 378.]
ID Code § 43-1107 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT|Section 43-1107 - COSTS.

43-1107. COSTS. The costs of excluding any land as provided in this chapter shall be borne by the petitioner or petitioners except in cases where: (1) The lands excluded are found to be too high or not susceptible of irrigation from the water system of the district without pumping by the landowner and the petitioner or previous owners of the land have paid the assessments of the district against that land; or (2) The exclusion is requested under subsection (a)3. or (a)4. of section 43-1102, Idaho Code, and for the five (5) irrigation seasons preceding the filing of the petition (a) there has been no pipe, ditch or other delivery system between the land and the assigned delivery point on the district’s irrigation system, and (b) the petitioner or previous owners of the land have paid the assessments of the district against that land. If the petitioner is required to pay the costs of exclusion hearing proceedings, the board may require a deposit of the estimated costs before they will hear the petition and the one hundred fifty (150) day period in which the petition must be heard as provided in section 43-1104, Idaho Code, shall not begin to run until the estimated costs have been deposited; provided however, that, in case of a successful appeal by the petitioner, the costs taxed by the district to the petitioner or petitioners whose lands are excluded by the district court shall be borne by the irrigation district. If the actual costs of the exclusion proceedings are less than the amount deposited by the petitioner, the excess deposit shall be credited against any amounts which are to be paid by the petitioner prior to entry of the order of exclusion, and the balance, if any, shall be refunded to the petitioner within fourteen (14) days after the hearing; if the actual costs of the exclusion proceedings are more than the deposit, the difference shall be paid to the district by the petitioner within fourteen (14) days after receipt of a statement to that effect from the district, and the board shall not be required to enter an order of exclusion until the difference is paid.  History: [43-1107, added 1905, p. 220, sec. 4; am. R.C., sec. 2437; am. 1911, ch. 46, sec. 4, part of subd. 2437, p. 102; reen. C.L., sec. 2436; C.S., sec. 4426; I.C.A., sec. 42-1105; am. and redesignated, 1990, ch. 181, sec. 7, p. 391; am. 2017, ch. 94, sec. 3, p. 243.]
ID Code § 43-1108 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT|Section 43-1108 - CHANGES TO BE FILED FOR RECORD.

43-1108. CHANGES TO BE FILED FOR RECORD. The decision and order of the board of directors or the district court, in case of appeal, excluding the petitioner’s land and changing the boundaries of such irrigation district shall be filed for record in the recorder’s office of the county within which are situated the excluded lands.  History: [(43-1108) 1905, p. 220, sec. 4; am. R.C., sec. 2435; am. 1911, ch. 46, sec. 2, last part of subd. 2435, p. 102; reen. C.L., sec. 2437; C.S., sec. 4427; I.C.A., sec. 42-1106; am. and redesignated, 1990, ch. 181, sec. 8, p. 391; am. 2001, ch. 192, sec. 2, p. 657.]
ID Code § 43-1109 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT|Section 43-1109 - EFFECT OF EXCLUSION.

43-1109. EFFECT OF EXCLUSION. An exclusion of land from any irrigation district shall not impair its existence, nor its rights, including those in its property or its obligations. The land excluded from an irrigation district shall not thereafter be entitled to receive water from the water rights or from the irrigation works and system of the district and shall not thereafter be entitled to any of the benefits of the district and shall be deemed to have fully relinquished all such rights and benefits to the district, provided, that lands retained for drainage purposes shall be entitled to the benefits of the drainage system of the district.  History: [(43-1109) I.C., sec. 43-1107, as added by 1972, ch. 325, sec. 5, p. 804; am. and redesignated, 1990, ch. 181, sec. 9, p. 391.]
ID Code § 43-1110 (2021)
2021 Idaho Code|Title 43 - IRRIGATION DISTRICTS|Chapter 11 - EXCLUSION OF LANDS FROM DISTRICT|Section 43-1110 - RESIDENTIAL LAND NOT USING WATER RIGHTS — EXCLUSION — PROCEDURE.

43-1110. RESIDENTIAL LAND NOT USING WATER RIGHTS — EXCLUSION — PROCEDURE. The board of directors of an irrigation district may by resolution, or must, if petitioned by the owners of record of over fifty per cent (50%) of the number of lots in a platted subdivision, declare its proposal to exclude from the district all lots or parcels of residential land in the district described in the petition which have not received water from the water rights of the district or through the irrigation works and system of the district during the period of five (5) years immediately preceding the adoption of the resolution. Lots or parcels of land in contiguous subdivisions may be included in the same resolution. Platted lots which theretofore received water through the same ditch operated by a lateral ditch water users’ association may be included in the same resolution. If the board is petitioned by over fifty per cent (50%) of the lot owners of a subdivision, the board shall conduct the entire proceedings according to sections 43-1110 through 43-1117, Idaho Code. For purposes of this section, residential land shall mean land on which a house, mobile home, duplex, apartment house or other type of living quarters has been constructed or installed and has been occupied as living quarters by an owner or renter.  History: [(43-1110) 1972, ch. 371, sec. 1, p. 1089; am. and redesignated, 1990, ch. 181, sec. 10, p. 392.]