reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 24 - ACTIVITIES IN PROXIMITY TO HIGH VOLTAGE OVERHEAD LINES › Section 55-2403 - ACTIVITY IN CLOSE PROXIMITY TO LINES — CLEARANCE ARRANGEMENTS WITH PUBLIC UTILITY — PAYMENT.

55-2403. ACTIVITY IN CLOSE PROXIMITY TO LINES — CLEARANCE ARRANGEMENTS WITH PUBLIC UTILITY — PAYMENT. (1) If any contractor desires to temporarily carry on any function, activity, work or operation in closer proximity to any high voltage overhead line than permitted in this chapter, or in such proximity that the function, activity, work or operation could possibly come within closer proximity than permitted in this chapter, the contractor responsible for performing the work shall promptly notify the public utility owning or operating the high voltage overhead line in writing. The contractor may perform the work only after making mutually agreeable arrangements with the public utility owning or operating the line, including coordination of work and construction schedules. Arrangements may include placement of temporary mechanical barriers to separate and prevent contact between material, equipment or persons and the high voltage overhead lines, temporary deenergization and grounding, or temporary relocation or raising of the high voltage overhead lines. A written agreement identifying the arrangements and the payment to be made therefor, if any, as provided in subsection (2) of this section shall be executed by the parties.
(2) The public utility may, in conformance with its then current practice, require the contractor responsible for performing the work in the vicinity of the high voltage overhead lines to pay any actual expenses of the public utility in providing arrangements for work in close proximity to the overhead lines. The public utility is not required to provide the arrangements for work in close proximity to the overhead lines until a written agreement for payment has been made. The public utility may require payment in advance. Any surplus amounts paid to the utility shall be refunded.
(3) The public utility shall make arrangements to accommodate activity in proximity to overhead lines in accordance with the agreement of the parties. Where a date certain for completion of the clearance arrangements is not otherwise specified in the agreement, the arrangements must be completed within a reasonable time with consideration to all existing circumstances. However, any delay in completing the arrangement shall not excuse nor authorize the person, contractor or subcontractor to undertake to perform work in closer proximity to high voltage overhead lines than is provided herein, until such time as the arrangements have been completed.
(4) The public utility may deny any request for clearances which in the judgment of the utility may jeopardize the performance, integrity, reliability or stability of the utility’s electrical system or any electrical system with which it is interconnected.
History:
[55-2403, added 1992, ch. 177, sec. 1, p. 560; am. 2000, ch. 319, sec. 2, p. 1077.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 24 - ACTIVITIES IN PROXIMITY TO HIGH VOLTAGE OVERHEAD LINES › Section 55-2404 - VIOLATIONS.

55-2404. VIOLATIONS. (1) Any contractor or agent thereof violating the provisions of this chapter shall be subject to a civil penalty of not more than five hundred dollars ($500) to be imposed by the court in favor of the state and deposited in the state general account.
(2) If a violation of the provisions of this chapter results in physical or electrical contact with any high voltage overhead line, the contractor committing the violation shall be liable to the public utility owning or operating the high voltage overhead line for all damages to the facilities and all costs and expenses, including damages to third persons, incurred by the public utility as a result of the contact.
(3) County prosecuting attorneys and the attorney general are authorized to prosecute violations of the provisions of this chapter.
History:
[55-2404, added 1992, ch. 177, sec. 1, p. 561.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 24 - ACTIVITIES IN PROXIMITY TO HIGH VOLTAGE OVERHEAD LINES › Section 55-2405 - EXEMPTIONS.

55-2405. EXEMPTIONS. The provisions of this chapter shall not apply to:
(1) Construction, reconstruction, operation or maintenance by an authorized person of overhead electrical or communication circuits or conductors and their supporting structures, or to electrical generating, transmission or distribution systems, or to communication systems;
(2) Agreements between public agencies to perform any work or undertaking which each public agency entering into the agreement is authorized by law to perform, provided that any such agreement shall be authorized by the governing body of each party to the agreement; or
(3) Fire, police or other emergency service workers while engaged in emergency operations, or highway districts or other governmental entities performing routine or emergency maintenance in their rights of way.
History:
[55-2405, added 1992, ch. 177, sec. 1, p. 561.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 25 - PROPERTY CONDITION DISCLOSURE ACT › Section 55-2502 - LEGISLATIVE INTENT.

55-2502. LEGISLATIVE INTENT. In order to promote the public health, safety and welfare and to protect consumers; it is the purpose of the provisions of this chapter to require sellers of residential real property as defined in this chapter to disclose certain defects in the residential real property to a prospective buyer.
History:
[55-2502, added 1994, ch. 366, sec. 1, p. 1173.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 25 - PROPERTY CONDITION DISCLOSURE ACT › Section 55-2503 - DEFINITIONS.

55-2503. DEFINITIONS. As used in this chapter:
(1) "Political subdivision" has the same meaning as provided in section 7-1303, Idaho Code.
(2) "Residential real property" means real property that is improved by a building or other structure that has one (1) to four (4) dwelling units or an individually owned unit in a structure of any size. This also applies to real property which has a combined residential and commercial use.
(3) "Seller" means the owner of residential real property as defined in this chapter.
History:
[55-2503, added 1994, ch. 366, sec. 1, p. 1173; am. 1997, ch. 229, sec. 1, p. 668.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 25 - PROPERTY CONDITION DISCLOSURE ACT › Section 55-2504 - PROPERTY CONDITION DISCLOSURE REQUIRED.

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.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 25 - PROPERTY CONDITION DISCLOSURE ACT › Section 55-2506 - DISCLOSURE INFORMATION.

55-2506. DISCLOSURE INFORMATION. The information required in this chapter shall be set forth on the form set out in section 55-2508, Idaho Code. Alternative forms may be substituted for those set out in section 55-2508, Idaho Code, provided that alternative forms include the disclosure information as set forth in section 55-2506, Idaho Code, and the mandatory disclosure statements set forth in section 55-2507, Idaho Code. The form must be designed to permit the transferor to disclose material matters relating to the physical condition of the property to be transferred including, but not limited to, the source of water supply to the property; the nature of the sewer system serving the property; the condition of the structure of the property including the roof, foundation, walls and floors; the known presence of hazardous materials or substances.
History:
[55-2506, added 1994, ch. 366, sec. 1, p. 1174.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 25 - PROPERTY CONDITION DISCLOSURE ACT › Section 55-2507 - MANDATORY REQUIRED DISCLOSURE STATEMENTS.

55-2507. MANDATORY REQUIRED DISCLOSURE STATEMENTS. To comply with the provisions of this chapter, a form shall set forth a statement of purpose of the form, including statements substantially similar to the following:
(1) The form constitutes a statement of the conditions of the property and of information concerning the property actually known by the transferor.
(2) That unless the transferee is otherwise advised in writing, the transferor, other than having lived at or owning the property possesses no greater knowledge than that which could be obtained by a careful inspection of the property by a potential transferee.
(3) That the statement is not a warranty of any kind by the transferor or by any agent or subsequent agent representing the transferor in this transaction.
(4) That the statement is not a substitute for any inspections.
(5) That the transferor is familiar with the particular residential real property and each act that may be performed in making a disclosure of an item of information shall be made and performed in good faith.
History:
[55-2507, added 1994, ch. 366, sec. 1, p. 1175.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 25 - PROPERTY CONDITION DISCLOSURE ACT › Section 55-2509 - DELIVERY OF DISCLOSURE FORM AND ACCEPTANCE.

55-2509. DELIVERY OF DISCLOSURE FORM AND ACCEPTANCE. Every transferor shall deliver, in accordance with section 55-2510, Idaho Code, a signed and dated copy of the completed disclosure form to each prospective transferee or his agent within ten (10) days of transferor’s acceptance of transferee’s offer. Every prospective transferee of residential real property who receives a signed and dated copy of a completed property disclosure form as prescribed under section 55-2508, Idaho Code, shall acknowledge receipt of the form by doing both of the following:
(1) Signing and dating a copy of the form;
(2) Delivering a signed and dated copy of the form to the transferor or his agent or subagent.
History:
[55-2509, added 1994, ch. 366, sec. 1, p. 1176.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 25 - PROPERTY CONDITION DISCLOSURE ACT › Section 55-2510 - DELIVERY REQUIREMENTS.

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.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 25 - PROPERTY CONDITION DISCLOSURE ACT › Section 55-2511 - ERRORS, INACCURACIES OR OMISSIONS — LIABILITY OF TRANSFEROR — DELIVERY OF INFORMATION BY PUBLIC AGENCY — DELIVERY BY EXPERTS.

55-2511. ERRORS, INACCURACIES OR OMISSIONS — LIABILITY OF TRANSFEROR — DELIVERY OF INFORMATION BY PUBLIC AGENCY — DELIVERY BY EXPERTS. (1) Neither the transferor or transferor’s agents shall be liable for any error, inaccuracy or omission of any information delivered pursuant to this chapter if the error, inaccuracy or omission was not within the personal knowledge of the transferor or was based upon information timely provided by public agencies or other persons specified in subsection (3) of this section that is required to be disclosed pursuant to this chapter and ordinary care was exercised in obtaining and transmitting it.
(2) The delivery of any information required to be disclosed by this chapter to a prospective transferee by a public agency or other person providing information required to be disclosed pursuant to this chapter shall be deemed to comply with the requirements of this chapter and shall relieve the transferor or transferor’s agent of any further duty under this chapter with respect to that item of information.
(3) The delivery of a report or opinion prepared by any person or professional who has been hired to perform an inspection of the subject property in connection with the proposed sale shall be sufficient compliance for application of the exemption provided in subsection (1) of this section if the information is provided to the prospective transferee pursuant to a request therefore, written or oral. In responding to such a request, an expert may indicate, in writing, an understanding that the information provided will be used in fulfilling the requirements of sections 55-2506 and 55-2507, Idaho Code, and if so, shall indicate the required disclosure or parts thereof to which the information being furnished is applicable. Where such a statement is furnished, the provider shall not be responsible for any items of information or parts thereof other than those expressly set forth in the statement.
History:
[55-2511, added 1994, ch. 366, sec. 1, p. 1177.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 25 - PROPERTY CONDITION DISCLOSURE ACT › Section 55-2512 - INFORMATION SUBSEQUENTLY RENDERED INACCURATE — REQUIRED INFORMATION UNKNOWN OR NOT AVAILABLE.

55-2512. INFORMATION SUBSEQUENTLY RENDERED INACCURATE — REQUIRED INFORMATION UNKNOWN OR NOT AVAILABLE. If information disclosed in accordance with this chapter is subsequently rendered inaccurate as a result of any act, occurrence or agreement subsequent to the delivery of the required disclosures, the inaccuracy resulting therefrom does not constitute a violation of this chapter. If at the time the disclosures are required to be made, an item of information required to be disclosed is unknown or not available to the transferor, and the transferor’s agent has made a reasonable effort to ascertain it, the transferor may use an approximation of the information provided the approximation is clearly identified as such, is reasonable, is based on the best information available to the transferor or transferor’s agent and is not used for the purpose of circumventing or evading this chapter.
History:
[55-2512, added 1994, ch. 366, sec. 1, p. 1177.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 25 - PROPERTY CONDITION DISCLOSURE ACT › Section 55-2513 - AMENDMENT TO FORM.

55-2513. AMENDMENT TO FORM. Any disclosure of an item of information in the property disclosure form described in section 55-2508, Idaho Code, may be amended in writing by the transferor of the residential real property at any time following the delivery of the form in accordance with section 55-2510, Idaho Code. Transferor shall amend the disclosure statement prior to closing if transferor discovers any of the (the) information on the original statement has changed. In the event of amendments to the statement, transferee’s right to rescind is strictly limited to the amendments to the disclosure statement. The amendment shall be subject to the provisions of this chapter.
History:
[55-2513, added 1994, ch. 366, sec. 1, p. 1178; am. 1997, ch. 229, sec. 4, p. 670.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 25 - PROPERTY CONDITION DISCLOSURE ACT › Section 55-2514 - CHAPTER DOES NOT RELIEVE SELLER OR HIS AGENT OF OBLIGATION TO DISCLOSE OTHER INFORMATION.

55-2514. CHAPTER DOES NOT RELIEVE SELLER OR HIS AGENT OF OBLIGATION TO DISCLOSE OTHER INFORMATION. Specification of items of information that must be disclosed in the property disclosure form as prescribed under sections 55-2506 and 55-2507, Idaho Code, does not limit and shall not be construed as limiting any obligation to disclose an item of information that is created by any other section of the Idaho Code or the common law of the state of Idaho. The disclosure requirements of this chapter do not bar and shall not be construed as barring the application of any legal equitable defense that a transferor of residential real property may assert in a civil action commenced against the transferor by a prospective or actual transferee of the property.
History:
[55-2514, added 1994, ch. 366, sec. 1, p. 1178.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 25 - PROPERTY CONDITION DISCLOSURE ACT › Section 55-2515 - RESCISSION BY TRANSFEREE.

55-2515. RESCISSION BY TRANSFEREE. Subject to section 55-2504, Idaho Code, if a transferee of residential real property receives a property disclosure form or an amendment of that form as described in section 55-2508, Idaho Code, after the transferee has entered into a transfer agreement with respect to the property, the transferee, after his receipt of the form or amendment may rescind the transfer agreement in a written, signed and dated document that is delivered to the transferor or his agents in accordance with section 55-2510, Idaho Code. Transferee’s rescission must be based on a specific objection to a disclosure in the disclosure statement. The notice of rescission shall specifically identify the disclosure objected to by the transferee. Transferee incurs no legal liability to the transferor because of the rescission including, but not limited to, a civil action for specific performance of the transfer agreement. Upon the rescission of the transfer agreement the transferee is entitled to the return of, and the transferor shall return, any deposits made by the transferee in connection with the proposed transfer of the residential real property.
Subject to the provisions of section 55-2505, Idaho Code, a rescission of a transfer agreement may only occur if the transferee’s written, signed and dated document of rescission is delivered to the transferor or his agent or subagent within three (3) business days following the date on which the transferee or his agent receives the property disclosure form prescribed under section 55-2508, Idaho Code. If no signed notice of rescission is received by the transferor within the three (3) day period, transferee’s right to rescind is waived.
History:
[55-2515, added 1994, ch. 366, sec. 1, p. 1178; am. 1997, ch. 229, sec. 5, p. 670.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 25 - PROPERTY CONDITION DISCLOSURE ACT › Section 55-2516 - GOOD FAITH REQUIRED.

55-2516. GOOD FAITH REQUIRED. Each disclosure required in this chapter and each act which may be performed in making the disclosure shall be made in good faith. For the purposes of this chapter, good faith means honesty in fact, in the conduct of the transaction.
History:
[55-2516, added 1994, ch. 366, sec. 1, p. 1178.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 25 - PROPERTY CONDITION DISCLOSURE ACT › Section 55-2517 - FAILURE TO COMPLY.

55-2517. FAILURE TO COMPLY. No transfer, subject to this chapter, shall be invalidated solely because of the failure of any person to comply with any provision of this chapter. However, any person who willfully or negligently violates or fails to perform any duties prescribed by any provision of this chapter shall be liable in the amount of actual damages suffered by the transferee.
History:
[55-2517, added 1994, ch. 366, sec. 1, p. 1179.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 25 - PROPERTY CONDITION DISCLOSURE ACT › Section 55-2518 - DUTIES OF REAL ESTATE LICENSEES UNCHANGED.

55-2518. DUTIES OF REAL ESTATE LICENSEES UNCHANGED. Nothing contained in this chapter shall in any way limit or reduce the duties that a real estate licensee owes to his or her client or to the general public.
History:
[55-2518, added 1994, ch. 366, sec. 1, p. 1179.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 26 - SPORT SHOOTING RANGES › Section 55-2601 - SPORT SHOOTING RANGE — LIABILITY FOR NOISE POLLUTION.

55-2601. SPORT SHOOTING RANGE — LIABILITY FOR NOISE POLLUTION. (1) Notwithstanding any other provision of law to the contrary, a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range was established, constructed or operated prior to the implementation of any noise control laws, ordinances, rules or regulations, or if the range is in compliance with any noise control laws, ordinances, rules or regulations that applied to the range and its operation at the time of establishment, construction or initial operation of the range subject to the limitations in section 55-2605, Idaho Code.
(2) Rules or regulations adopted by a state or local department or agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this act.
(3) A municipal noise control ordinance may not require or be applied so as to require a sport shooting range to limit or eliminate shooting activities that have occurred on a regular basis at the range prior to the enactment date of the ordinance.
History:
[55-2601, added 1996, ch. 339, sec. 1, p. 1140; am. 2008, ch. 318, sec. 1, p. 879.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 26 - SPORT SHOOTING RANGES › Section 55-2602 - SPORT SHOOTING RANGE — NUISANCE ACTION — LIMITATIONS.

55-2602. SPORT SHOOTING RANGE — NUISANCE ACTION — LIMITATIONS. (1) Except as provided in this section, a person may not maintain a nuisance action for noise against a shooting range located in the vicinity of that person’s property if the shooting range was established as of the date the person acquired the property. If there is a substantial change in use of the range after the person acquires the property, the person may maintain a nuisance action if the action is brought within three (3) years from the beginning of the substantial change.
(2) A person who owns property in the vicinity of a shooting range that was established after the person acquired the property may maintain a nuisance action for noise against that shooting range only if the action is brought within five (5) years after establishment of the range or three (3) years after a substantial change in use of the range.
(3) If there has been no shooting activity at a range for a period of three (3) years, resumption of shooting is considered establishment of a new shooting range for purposes of this section.
History:
[55-2602, added 1996, ch. 339, sec. 1, p. 1140.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 26 - SPORT SHOOTING RANGES › Section 55-2603 - LOCAL REGULATION OF SPORT SHOOTING RANGE.

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.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 26 - SPORT SHOOTING RANGES › Section 55-2604 - DEFINITIONS.

55-2604. DEFINITIONS. As used in this act:
(1) "Local unit of government" means a county, city or a town.
(2) "Person" means an individual, proprietorship, partnership, corporation, club, or other legal entity.
(3) "Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other similar sport shooting. In the case of shotgun sports utilizing portable target throwers and shooting positions, the range area shall be deemed to encompass the entire parcel of real property whereupon shooting activities may be safely conducted, provided that shotfall occurs entirely upon the property of the person owning or controlling the range.
(4) "Outdoor sport shooting range" means any range described in subsection (3) of this section, including any range operated exclusively for the use of law enforcement, with the exception of:
(a) Any totally enclosed facility that is designed to offer a totally controlled shooting environment that includes impenetrable walls, floors, and ceilings, adequate ventilation, lighting systems and acoustical treatment for sound attenuation; or
(b) Any range described in chapter 91, title 67, Idaho Code.
(5) "Expanding" means the enlargement of scale, scope, or membership as it relates to shooting activities on a range.
(6) "Increasing" means to become more numerous as it relates to shooting opportunities, locations, or membership on a range.
(7) "Substantial change in use" means that the current primary use of the range no longer represents the activity previously engaged in at the range or the acquisition of additional real property for the purpose of range expansion. The following actions shall not constitute a substantial change in use:
(a) Expanding or increasing membership or opportunities for public, private, or law enforcement participation related to the primary activity as a shooting range;
(b) Making repairs or improvements to enhance safety or noise abatement;
(c) Increasing events and activities related to the primary activity as a shooting range;
(d) Acquiring additional lands to be used for buffer zones or noise mitigation efforts;
(e) Establishing or expanding range use hours between 7:00 a.m. and 10:00 p.m.;
(f) Establishing or expanding law enforcement agency range use hours between 10:00 p.m. and 7:00 a.m.; or
(g) Any location, relocation, or increase in the number of portable shotgun shooting positions as described in subsection (3) of this section.
History:
[55-2604, added 1996, ch. 339, sec. 1, p. 1141; am. 2008, ch. 318, sec. 3, p. 880; am. 2021, ch. 110, sec. 1, p. 352.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 26 - SPORT SHOOTING RANGES › Section 55-2605 - PREEMPTION OF LOCAL AUTHORITY — NOISE STANDARDS — ZONING.

55-2605. PREEMPTION OF LOCAL AUTHORITY — NOISE STANDARDS — ZONING. Local governmental law is herein preempted and local governments shall not have authority to establish or enforce noise standards for outdoor sport shooting ranges, not otherwise exempted from local regulation by this chapter, more restrictive than any standards established for state outdoor shooting ranges in chapter 91, title 67, Idaho Code, nor shall a local government have the authority to make any action described in section 55-2604(7), Idaho Code, a violation of a local zoning ordinance nor shall the undertaking of any such action cause an outdoor sport shooting range to be in violation of any zoning ordinance.
History:
[55-2605, added 2008, ch. 318, sec. 4, p. 881; am. 2021, ch. 110, sec. 2, p. 353.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 26 - SPORT SHOOTING RANGES › Section 55-2606 - SEVERABILITY.

55-2606. SEVERABILITY. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
History:
[55-2606, added 2008, ch. 318, sec. 5, p. 881.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 27 - FLOATING HOMES RESIDENCY ACT › Section 55-2701 - SHORT TITLE.

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.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 27 - FLOATING HOMES RESIDENCY ACT › Section 55-2702 - LEGISLATIVE POLICY.

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.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 27 - FLOATING HOMES RESIDENCY ACT › Section 55-2703 - GOOD FAITH.

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.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 27 - FLOATING HOMES RESIDENCY ACT › Section 55-2704 - DEFINITIONS.

55-2704. DEFINITIONS. (1) "Floating home" means a floating structure which is designed and built to be used, or is modified to be used, as a stationary waterborne residential dwelling, has no mode or power of its own, is dependent for utilities upon a continuous utility linkage to a source originating on shore, and has a permanent continuous connection to a sewage system on shore.
(2) "Floating home moorage marina" or "moorage" means a waterfront facility for the moorage of one (1) or more floating homes and the land and water premises on which such facility is located.
(3) "Landlord" means the owner of a floating home marina and includes the agent of the landlord.
(4) "Moorage site" means a part of a floating home marina located over water and designed to accommodate one (1) floating home.
(5) "Resident organization" means a tenant or homeowner’s association, whether or not incorporated, the membership of which is made up of tenants of the floating home marina and/or owners of a floating home.
(6) "Tenant" means any person who rents a floating home moorage site or the person’s agent of record.
History:
[55-2704, added 1998, ch. 194, sec. 1, p. 699.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 27 - FLOATING HOMES RESIDENCY ACT › Section 55-2705 - THIS CHAPTER GOVERNS.

55-2705. THIS CHAPTER GOVERNS. This chapter shall regulate and determine legal rights, remedies and obligations arising from any rental agreement between a landlord and tenant regarding a floating home moorage, except in those instances in which the landlord is renting both the moorage site and the floating home to the tenant. All such rental agreements shall be unenforceable to the extent of any conflict with any provision of this chapter. This chapter does not abrogate any rights the landlord or tenant has under the laws and constitution of the United States and the state of Idaho.
History:
[55-2705, added 1998, ch. 194, sec. 1, p. 699.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 27 - FLOATING HOMES RESIDENCY ACT › Section 55-2706 - RENTAL AGREEMENT.

55-2706. RENTAL AGREEMENT. (1) From and after the effective date of this chapter, any landlord offering a moorage site for rent shall provide the prospective tenant with a written agreement. This agreement must be executed by both parties. The provisions of this chapter shall apply to all such agreements to the extent applicable as set forth in this chapter.
(2) The requirements of subsection (1) of this section shall not apply if:
(a) The floating home marina or a part thereof has been acquired by eminent domain or condemnation for a public works project; or
(b) An employer-employee relationship exists between a landlord and tenant.
(3) The provisions of this section shall apply to any tenancy in existence on the effective date of this act, but only after expiration of the term of any oral or written rental agreement governing such tenancy, not to exceed twelve (12) months from the effective date of this act. Existing contracts may be perpetuated by agreement of both parties.
(4) A floating home owner shall be offered a rental agreement for:
(a) A term of twelve (12) months;
(b) A lesser period as mutually agreed upon by both the floating home owner and the landlord; or
(c) A longer period as mutually agreed upon by both the floating home owner and the landlord.
(5) A rental agreement may not contain a provision by which the tenant waives his rights under this law.
(6) The rental agreement shall identify a specific moorage site. The moorage site occupied by a floating home shall remain site specific as set forth in the rental agreement unless any moorage site change is agreed upon by the tenant and the landlord.
History:
[55-2706, added 1998, ch. 194, sec. 1, p. 699.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 27 - FLOATING HOMES RESIDENCY ACT › Section 55-2707 - FLOATING HOME MARINA — RULES AND REGULATIONS.

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.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 27 - FLOATING HOMES RESIDENCY ACT › Section 55-2709 - EVICTION FROM MARINA.

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.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 27 - FLOATING HOMES RESIDENCY ACT › Section 55-2710 - REASONS FOR EVICTION — STATEMENT OF EVICTION REASONS IN NOTICE.

55-2710. REASONS FOR EVICTION — STATEMENT OF EVICTION REASONS IN NOTICE. (1) The grounds for which a tenancy may be terminated and a tenant evicted shall be:
(a) Conduct by tenant or tenant’s guest which constitutes a nuisance to other floating home owners, marina tenants or marina owner;
(b) Substantial or repeated violation of the reasonable rules and regulations of the marina;
(c) Nonpayment of rent;
(d) Other material breach of a rental agreement; or
(e) Condemnation of the marina.
(2) The landlord shall set forth in a notice of termination the reason relied upon for the termination with sufficient specificity to permit determination of the date, place, witnesses, if any, and circumstances concerning such reason. Reference to a section or subsection or a recital of the language of this chapter shall not constitute compliance with this section.
(3) In the case of termination of the tenancy and eviction for the reasons set out in paragraphs (a), (b), (c) or (d) of subsection (1) of this section, the tenant shall be given written notice to comply which notice may be given by personal service upon a tenant, or if the tenant cannot be found at the marina, then by mailing a copy of the notice by certified mail to the last mailing address provided by the tenant. In the case of personal service, service of the notice shall be deemed effected three (3) days after deposit in the United States mail, postage prepaid by registered mail, return receipt requested. If the tenant does not comply within fifteen (15) days following service, landlord may give notice of termination as provided in this chapter.
History:
[55-2710, added 1998, ch. 194, sec. 1, p. 702.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 27 - FLOATING HOMES RESIDENCY ACT › Section 55-2711 - EVICTION TO MAKE SPACE FOR FLOATING HOME OWNED BY LANDLORD.

55-2711. EVICTION TO MAKE SPACE FOR FLOATING HOME OWNED BY LANDLORD. No tenancy shall be terminated for the purpose of making a moorage site available for the landlord or a person who purchases a floating home from the owner of the floating home marina or his agent.
History:
[55-2711, added 1998, ch. 194, sec. 1, p. 702.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 27 - FLOATING HOMES RESIDENCY ACT › Section 55-2712 - SALE, TRANSFER, OR REMOVAL OF A FLOATING HOME.

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.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 27 - FLOATING HOMES RESIDENCY ACT › Section 55-2713 - NOTICE TO OWNER.

55-2713. NOTICE TO OWNER. (1) Any legal owner of a floating home in order to be protected under this section must notify the landlord in writing of his secured or other legal interest.
(2) If the tenant becomes sixty (60) days in arrears in his rent or at the time of the suspected abandonment by the tenant of a moorage site, the landlord shall notify the legal owner of the floating home of his liability for any costs incurred for the floating home site for such floating home, including rent owing. The legal owner shall be responsible for utilities from the date of notice. Any and all costs shall, after the giving of such notice, become the responsibility of the legal owner of the floating home. The floating home may not be removed from the moorage site without a signed written receipt or agreement from the landlord, owner, or manager showing payment of charges due or agreement with the legal owner for removal of the floating home.
History:
[55-2713, added 1998, ch. 194, sec. 1, p. 703.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 27 - FLOATING HOMES RESIDENCY ACT › Section 55-2715 - RETALIATORY CONDUCT BY LANDLORD PROHIBITED.

55-2715. RETALIATORY CONDUCT BY LANDLORD PROHIBITED. The landlord shall not terminate a tenancy, refuse to renew a tenancy, increase rent or decrease service he normally supplies, or threaten to bring an action for repossession of a floating home site as retaliation against the tenant because the tenant has:
(1) Complained in good faith about a violation of a building, safety or health code or regulation pertaining to a floating home marina to the governmental agency responsible for enforcing the code or regulation.
(2) Complained to the landlord concerning the maintenance or condition of the marina, rent charged, or rules and regulations.
(3) Organized, became a member of or served as an official in a homeowner’s association, or similar organization, at a local, regional, state or national level.
(4) Retained counsel or an agent to represent his interests.
History:
[55-2715, added 1998, ch. 194, sec. 1, p. 704.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 27 - FLOATING HOMES RESIDENCY ACT › Section 55-2716 - TENANT ASSOCIATIONS.

55-2716. TENANT ASSOCIATIONS. (1) The tenants in a floating home marina have the right to organize a tenant or homeowner’s association to further their mutual interests and to conduct any other business and programs which the association shall determine. When an association is organized it shall notify the landlord.
(2) The landlord must meet and confer with homeowners or their representatives, including any persons designated by a resident organization, within thirty (30) days of a request concerning:
(a) Rule changes;
(b) Maintenance of facilities;
(c) Addition or deletion of services or facilities; or
(d) Rental agreements.
History:
[55-2716, added 1998, ch. 194, sec. 1, p. 705.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 27 - FLOATING HOMES RESIDENCY ACT › Section 55-2717 - ARBITRATION.

55-2717. ARBITRATION. The landlord and tenant may agree in writing to submit a controversy under the provisions of this chapter to arbitration through the better business bureau, or similar private association or as otherwise provided in Idaho law.
History:
[55-2717, added 1998, ch. 194, sec. 1, p. 705.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 27 - FLOATING HOMES RESIDENCY ACT › Section 55-2718 - PENALTIES.

55-2718. PENALTIES. If upon the trial of any action brought under the provisions of section 55-2714, Idaho Code, or those of section 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:
[55-2718, added 1998, ch. 194, sec. 1, p. 705.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 27 - FLOATING HOMES RESIDENCY ACT › Section 55-2719 - ATTORNEY’S FEES.

55-2719. ATTORNEY’S FEES. In any action brought under the provisions of this chapter, or those of section 6-302 or 6-303, Idaho Code, except in those cases where treble damages are awarded, the prevailing party shall be entitled to an award of attorney’s fees.
History:
[55-2719, added 1998, ch. 194, sec. 1, p. 705.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 27 - FLOATING HOMES RESIDENCY ACT › Section 55-2720 - VENUE.

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.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 28 - PSYCHOLOGICALLY IMPACTED REAL PROPERTY › Section 55-2801 - PSYCHOLOGICALLY IMPACTED DEFINED.

55-2801. PSYCHOLOGICALLY IMPACTED DEFINED. As used in this chapter, "psychologically impacted" means the effect of certain circumstances surrounding real property which include, but are not limited to, the fact or suspicion that real property might be or is impacted as a result of facts or suspicions including, but not limited to the following:
(1) That an occupant or prior occupant of the real property is or was at any time suspected of being infected or has been infected with a disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or
(2) That the real property was at any time suspected of being the site of suicide, homicide or the commission of a felony which had no effect on the physical condition of the property or its environment or the structures located thereon; or
(3) That a registered or suspected sex offender occupied or resides near the property.
History:
[(55-2801) 55-2701, added 1998, ch. 335, sec. 1, p. 1080; am. and redesig. 2005, ch. 25, sec. 109, p. 128.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 28 - PSYCHOLOGICALLY IMPACTED REAL PROPERTY › Section 55-2802 - NO CAUSE OF ACTION.

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.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 28 - PSYCHOLOGICALLY IMPACTED REAL PROPERTY › Section 55-2803 - REQUEST FOR DISCLOSURE.

55-2803. REQUEST FOR DISCLOSURE. In the event that a purchaser who is in the process of making a bona fide offer advises the owner’s representative in writing that knowledge of whether the property may be psychologically impacted is an important factor in the purchaser’s decision to purchase the property, the owner’s representative shall make inquiry of the owner and, with the consent of the owner and subject to and consistent with the applicable laws of privacy, shall report any findings to the purchaser. If the owner refuses disclosure, the owner’s representative shall advise the purchaser or the purchaser’s representative that the information will not be disclosed.
History:
[(55-2803) 55-2703, added 1998, ch. 335, sec. 1, p. 1081; am. and redesig. 2005, ch. 25, sec. 111, p. 128.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 29 - EMERGENCY COMMUNICATIONS PRESERVATION › Section 55-2902 - PURPOSE.

55-2902. PURPOSE. The purpose of this chapter is to preserve the capability of amateur radio operators within the state of Idaho to provide radio communications in times of emergency and disaster.
History:
[55-2902, added 2001, ch. 316, sec. 1, p. 1126.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 29 - EMERGENCY COMMUNICATIONS PRESERVATION › Section 55-2903 - DEFINITIONS.

55-2903. DEFINITIONS. When used in this act:
(1) "Antenna" means any array of wires, tubing or similar materials used for the transmission and reception of radio waves.
(2) "Antenna support structure" or "tower" means a structure or framework that is designed to elevate an antenna above the ground for the purpose of increasing the effective communications range and reliability of an amateur radio station.
(3) "Amateur radio" means the use of amateur and amateur-satellite radio frequencies and services used by licensed, qualified persons of any age who are interested in radio technique without pecuniary remuneration. These services present an opportunity for public service, emergency communications, self-training, intercommunication and technical investigations.
(4) "Amateur radio operator" means any person who has been duly examined and licensed by the federal communications commission or its designee for the operation of transmitting and receiving apparatus on radio frequencies internationally agreed upon for the use of the amateur radio service.
(5) "Local unit of government" means a county, city or town.
History:
[55-2903, added 2001, ch. 316, sec. 1, p. 1126.]