reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2009C - NOTICE OF SALE.

55-2009C. NOTICE OF SALE. Prior to any sale pursuant to the provisions of section 55-2009B, Idaho Code, the possessory lienholder shall give at least ten (10) days’ notice of the sale by advertising in one (1) issue of a newspaper of general circulation in the county in which the abandoned home is located. Prior to the sale of any home to satisfy a lien, twenty (20) days’ notice by certified mail shall be given to the legal owner and to the department. All notices shall specify the make, the vehicle identification number and the date, time and place of the sale.
History:
[55-2009C, added 2011, ch. 184, sec. 12, p. 529.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2009D - RELEASE OF OWNER’S INTEREST IN ABANDONED HOME.

55-2009D. RELEASE OF OWNER’S INTEREST IN ABANDONED HOME. (1) A legal owner of an abandoned home in the possession of a person holding a lien under the provisions of this chapter may release any interest in the home after the lien has attached.
(2) The release shall contain the following information:
(a) A description of the abandoned home, including the year, make and vehicle identification number;
(b) The names and addresses of the legal owners of record;
(c) A statement of the amount of the lien and the facts concerning the claim which give rise to the lien; and
(d) A statement that the person releasing the interest understands that he or she has a legal right to a hearing in court prior to the sale of the abandoned home and that he or she waives the right to contest the claim.
(3) A copy of the release shall be filed with the department in connection with the transfer of interest in an abandoned home under the provisions of this section.
History:
[55-2009D, added 2011, ch. 184, sec. 13, p. 529.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2009E - INSPECTION PRIOR TO SALE.

55-2009E. INSPECTION PRIOR TO SALE. No lien sale conducted pursuant to this chapter shall be undertaken unless the landlord has permitted access for public inspection of the exterior of the abandoned home for at least one (1) hour prior to the sale. Sealed bids shall not be accepted. The possessory lienholder shall conduct the sale in a commercially reasonable manner.
History:
[55-2009E, added 2011, ch. 184, sec. 14, p. 530.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2009F - DISPOSITION OF PROCEEDS.

55-2009F. DISPOSITION OF PROCEEDS. (1) The proceeds of a lien sale shall be disbursed as follows:
(a) To discharge the lien; then to actual costs of selling the property. The cost of selling shall be the actual cost, not to exceed two hundred dollars ($200), for each abandoned home;
(b) The balance, if any, shall be forwarded to the department within five (5) days of the sale for payment to the legal owner of any unpaid obligation or for deposit in the abandoned vehicle trust account.
(2) Any person claiming an interest in the abandoned home may file a claim with the department for any portion of the funds from the lien sale that were forwarded to the department. Upon determination by the department that the claimant is entitled to some amount, the department shall pay an amount that in no case shall exceed the amount forwarded to the department in connection with the sale of the abandoned home. The department shall not honor any claim not filed within two (2) years of the sale.
History:
[55-2009F, added 2011, ch. 184, sec. 15, p. 530.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2010 - TERMINATIONS.

55-2010. TERMINATIONS. (1) Tenancy during the term of a rental agreement may be terminated by the landlord only for one (1) or more of the following reasons:
(a) Substantial or repeated violation of the rental agreement or the written rules of the community. The resident shall be given written notice to comply. If the resident does not comply within three (3) days, the resident may be given notice of a twenty (20) day period in which to vacate. In the case of periodic rather than continuous violation, said notice shall specify that the same violation repeated shall result in the termination.
(b) Nonpayment of rent or other charges specified in the rental agreement. The resident shall be given written notice. If the resident does not pay within three (3) days the resident may be given notice of a thirty (30) day period in which to vacate.
(c) Closure of the community or any portion thereof by order of a federal, state or local authority. The resident shall be given the notice required by such order.
(d) In the event of a taking of the community or any portion thereof by eminent domain or cessation of the lot rental operation or a portion thereof, the landlord shall give the affected resident and any subtenant not less than one hundred eighty (180) days’ notice in writing prior to the date designated in the notice of termination. After the date notice of termination has been given as provided in this subsection, the landlord shall provide a copy of such notice to any prospective resident or purchaser if the home is to remain in the community. The landlord may not increase the rent during the notice period. This section does not limit a landlord’s right to terminate a tenancy for nonpayment of rent or for other causes under this chapter during the closure period.
(e) Abandonment.
(2) Except when a rental agreement is terminated for the reason provided in paragraph (e) of subsection (1) of this section, a landlord shall give the resident no less than ninety (90) days’ written notice of an intention not to renew the rental agreement.
(3) A resident shall notify the landlord in writing thirty (30) days prior to the expiration of a rental agreement of an intention not to renew the rental agreement.
(4) Any resident who is a member of the armed forces, including the national guard and armed forces reserves, may, without penalty, terminate a rental agreement with less than thirty (30) days’ notice if he receives reassignment or deployment orders which do not allow greater notice.
(5) The resident may terminate the rental agreement upon thirty (30) days’ written notice whenever a change in the location of the resident’s employment requires a change in his residence.
History:
[55-2010, added, 1980, ch. 177, sec. 1, p. 378; am. 1988, ch. 196, sec. 8, p. 373; am. 2004, ch. 276, sec. 1, p. 766; am. 2011, ch. 184, sec. 16, p. 530.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2011 - RENEWALS.

55-2011. RENEWALS. Rental agreements shall be automatically renewed for the original term, except as provided in section 55-2010, Idaho Code.
History:
[55-2011, added 1980, ch. 177, sec. 1, p. 378.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2012 - IMPROVEMENTS.

55-2012. IMPROVEMENTS. (1) The landlord shall not restrict the resident’s freedom of choice in purchasing goods or services but may reserve the right to approve or disapprove any exterior improvements on a lot. Any request for lot improvements or changes must be submitted in writing. The approval or disapproval must be given in writing, be reasonable and be uniformly applied.
(2) Improvements, except those fixed to the soil, the removal of which would significantly damage the landscape of the lot, shall remain the property of the resident. In removing improvements on termination of the rental agreement, the resident shall leave the lot in better or substantially the same condition as upon taking possession.
History:
[55-2012, added 1980, ch. 177, sec. 1, p. 378; am. 1988, ch. 196, sec. 9, p. 374; am. 2011, ch. 184, sec. 17, p. 531.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2013 - DEPOSITS — SECURITY.

55-2013. DEPOSITS — SECURITY. (1) Any payment, deposit, fee or other charge which is required by the landlord in addition to periodic rent, utility charges or service fees, and is collected as prepaid rent or a sum to compensate for any resident default is a deposit governed by the provisions of this section.
(2) The landlord shall maintain a separate record of the deposits.
(3) Upon termination of the landlord’s interest in the community, the landlord shall either transfer to his successor in interest that portion of the deposit remaining after making any deductions allowed under this section or return such portion to the resident.
(4) The claim of the resident to any deposit to which he is entitled by law takes precedence over the claims of any other creditor of the landlord.
History:
[55-2013, added 1980, ch. 177, sec. 1, p. 378; am. 2011, ch. 184, sec. 18, p. 531.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2013A - COMMUNITY RESIDENT ASSOCIATIONS.

55-2013A. COMMUNITY RESIDENT ASSOCIATIONS. (1) The residents in a community have the right to organize a resident or homeowner’s association to further their mutual interest and to conduct any other business and programs which the association shall determine. Community residents have the right to peacefully assemble and freely associate. Subject to reasonable notice and community facility rules, an association shall have the right to use the facilities of the community to conduct its business and programs including forums for or speeches by public officials or candidates for public office. When an association is organized it shall notify the landlord.
(2) A community resident association formed for the purpose of purchasing a community may give written notification to the landlord of the association’s interest in purchasing the community.
(3) For the purpose of notification, the community resident association shall provide the names and addresses of the three (3) designated members or officers of their community association to the landlord annually.
(4) A community resident association that has notified the landlord of its interest to purchase the community may request in writing that it be notified by the landlord if the owner or agent of the owner enters into a listing agreement with a licensed real estate broker to affect the sale of all or part of the community. The landlord shall provide such notification to the three (3) members designated under subsection (3) of this section within fifteen (15) days of the owner entering into the listing agreement.
(5) This section shall not apply to any of the following:
(a) A governmental entity taking by eminent domain;
(b) A forced sale pursuant to foreclosure or a deed given in lieu of foreclosure;
(c) Transfer by gift, devise or operation of law;
(d) A transfer by a corporation to an affiliate;
(e) A conveyance incidental to financing the community;
(f) An exchange of the community for other real property;
(g) A transfer by a partnership to one (1) or more of its partners;
(h) A sale or transfer to a person who would be an heir, or to a trust the beneficiaries of which would be heirs, of the community owner if the community owner were to die intestate.
History:
[55-2013A, added 1988, ch. 196, sec. 10, p. 374; am. 2011, ch. 184, sec. 19, p. 531.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2015 - RETALIATORY CONDUCT BY LANDLORD PROHIBITED.

55-2015. RETALIATORY CONDUCT BY LANDLORD PROHIBITED. The landlord shall not terminate a tenancy, refuse to renew a tenancy, increase rent or decrease services he normally supplies, or threaten to bring an action for repossession of a lot as retaliation against the resident because the resident has:
(1) Complained in good faith about a violation of a building, safety or health code or regulation pertaining to a community to the governmental agency responsible for enforcing the code or regulation.
(2) Complained to the landlord concerning the maintenance or condition of the community, rent charged or rules.
(3) Organized, become a member of or served as an official in a community resident association, or similar organization, at a local, regional, state or national level.
(4) Retained counsel or an agent to represent his interests.
History:
[55-2015, added 1980, ch. 177, sec. 1, p. 379; am. 1988, ch. 196, sec. 12, p. 375; am. 2011, ch. 184, sec. 21, p. 533.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2016 - ARBITRATION AND MEDIATION.

55-2016. ARBITRATION AND MEDIATION. The landlord and resident may agree in writing to submit any dispute arising under the provisions of this chapter, or under the terms, conditions or performance of the rental agreement or under the rules of the community, to mediation or binding arbitration by an independent third party.
History:
[55-2016, added 1993, ch. 380, sec. 5, p. 1398; am. 2011, ch. 184, sec. 22, p. 534.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2017 - PENALTIES.

55-2017. PENALTIES. If upon the trial of any action brought under the provisions of section 55-2014, Idaho Code, or those of section 6-302 or 6-303, Idaho Code, the court shall find that the defendant acted with malice, wantonness or oppression, judgment may be entered for three (3) times the amount at which actual damages are assessed.
History:
[(55-2017) 1980, ch. 177, sec. 1, p. 380; am. and redesig. 1993, ch. 380, sec. 6, p. 1398.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2018 - ATTORNEY’S FEES.

55-2018. ATTORNEY’S FEES. In any action brought under the provisions of this chapter, or those of section 6-302 or 6-303, Idaho Code, except in those cases where treble damages are awarded, the prevailing party shall be entitled to an award of attorney’s fees.
History:
[55-2018, added 1993, ch. 380, sec. 7, p. 1399.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2019 - VENUE.

55-2019. VENUE. Venue for any action arising under this chapter shall be in the district court of the county in which the lot is located.
History:
[(55-2019) 1980, ch. 177, sec. 1, p. 380; am. and redesig. 1993, ch. 380, sec. 8, p. 1399; am. 2011, ch. 184, sec. 23, p. 534.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2020 - SERVICE OF NOTICE.

55-2020. SERVICE OF NOTICE. (1) Any three (3) day notice to the resident as required by the provisions of this chapter may be served either:
(a) By delivering a copy to the resident personally; or
(b) If the resident be absent from the lot, by leaving a copy with someone of suitable age and discretion at the lot and sending a copy through the mail addressed to the resident at the lot. If a person of suitable age or discretion cannot be found at the lot, then by affixing a copy in a conspicuous place on the lot and sending a copy by certified mail return receipt requested addressed to the resident at the lot.
(2) Unless otherwise provided, any notice to the resident in excess of three (3) days as required by the provisions of this chapter may be served either:
(a) By delivering a copy to the resident personally; or
(b) By sending a copy by certified mail return receipt requested addressed to the resident at the lot.
(3) Service upon a subtenant may be made in the manner as provided in this section.
History:
[55-2020, added 2011, ch. 184, sec. 24, p. 534.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 21 - UNIFORM CONSERVATION EASEMENT ACT › Section 55-2101 - DEFINITIONS.

55-2101. DEFINITIONS. As used in this chapter:
(1) "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of real property, assuring its availability for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property.
(2) "Holder" means:
(a) A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or
(b) A charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property.
(3) "Third-party right of enforcement" means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder.
History:
[55-2101, added 1988, ch. 222, sec. 1, p. 422.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 21 - UNIFORM CONSERVATION EASEMENT ACT › Section 55-2102 - CONSERVATION EASEMENT CREATED — CONVEYANCE — ACCEPTANCE — DURATION.

55-2102. CONSERVATION EASEMENT CREATED — CONVEYANCE — ACCEPTANCE — DURATION. (1) Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements.
(2) No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.
(3) Except as provided in subsection (2) of section 55-2103, Idaho Code, a conservation easement is unlimited in duration unless the instrument creating it otherwise provides.
(4) An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to the conservation easement or consents to it.
History:
[55-2102, added 1988, ch. 222, sec. 1, p. 423.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 21 - UNIFORM CONSERVATION EASEMENT ACT › Section 55-2103 - PERSONS WHO MAY BRING ACTIONS — POWERS OF THE COURT.

55-2103. PERSONS WHO MAY BRING ACTIONS — POWERS OF THE COURT. (1) An action affecting a conservation easement may be brought by:
(a) An owner of an interest in the real property burdened by the easement;
(b) A holder of the easement;
(c) A person having a third-party right of enforcement; or
(d) A person authorized by other law.
(2) This chapter does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.
History:
[55-2103, added 1988, ch. 222, sec. 1, p. 423.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 21 - UNIFORM CONSERVATION EASEMENT ACT › Section 55-2104 - VALIDITY OF CONSERVATION EASEMENTS.

55-2104. VALIDITY OF CONSERVATION EASEMENTS. A conservation easement is valid even though:
(1) It is not appurtenant to an interest in real property;
(2) It can be or has been assigned to another holder;
(3) It is not of a character that has been recognized traditionally at common law;
(4) It imposes a negative burden;
(5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
(6) The benefit does not touch or concern real property; or
(7) There is no privity of estate or of contract.
History:
[55-2104, added 1988, ch. 222, sec. 1, p. 423.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 21 - UNIFORM CONSERVATION EASEMENT ACT › Section 55-2105 - APPLICABILITY OF THIS CHAPTER.

55-2105. APPLICABILITY OF THIS CHAPTER. (1) This chapter applies to any interest created after its effective date which complies with this chapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise. The instrument creating the conservation easement shall state it was created under the provisions of this chapter.
(2) This chapter applies to any interest created before its effective date if it would have been enforceable had it been created after its effective date unless retroactive application contravenes the constitution or laws of this state or the United States.
This chapter does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under other law of this state.
History:
[55-2105, added 1988, ch. 222, sec. 1, p. 423.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 21 - UNIFORM CONSERVATION EASEMENT ACT › Section 55-2106 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.

55-2106. UNIFORMITY OF APPLICATION AND CONSTRUCTION. This chapter shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of the chapter among states enacting it.
History:
[55-2106, added 1988, ch. 222, sec. 1, p. 424.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 21 - UNIFORM CONSERVATION EASEMENT ACT › Section 55-2107 - EMINENT DOMAIN.

55-2107. EMINENT DOMAIN. A conservation easement pursuant to this chapter shall not be created through eminent domain proceedings pursuant to chapter 7, title 7, Idaho Code.
History:
[55-2107, added 1988, ch. 222, sec. 1, p. 424.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 21 - UNIFORM CONSERVATION EASEMENT ACT › Section 55-2108 - OTHER INTERESTS NOT IMPAIRED BY CONSERVATION EASEMENTS.

55-2108. OTHER INTERESTS NOT IMPAIRED BY CONSERVATION EASEMENTS. No interest in real property cognizable under the statutes, common law or custom in effect in this state prior to the effective date of this chapter shall be impaired, invalidated, or in any way adversely affected by reason of any provision of this chapter. No provision of this chapter shall be construed to mean that conservation easements were not lawful estates in land prior to the effective date of this chapter. Nothing in this chapter shall be construed so as to impair the rights of any entity with eminent domain authority pursuant to chapter 7, title 7, Idaho Code, with respect to right-of-way, easements or other property rights upon which facilities, plants, highway systems or other systems of that entity are located or are to be located. Nothing in this chapter shall be construed so as to impair or conflict with the provisions of chapter 46, title 67, Idaho Code, relating to the preservation of historic sites, or with the provisions of chapter 43, title 67, Idaho Code, relating to the preservation of recreational places.
History:
[55-2108, added 1988, ch. 222, sec. 1, p. 424.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 21 - UNIFORM CONSERVATION EASEMENT ACT › Section 55-2109 - TAXATION.

55-2109. TAXATION. The granting of a conservation easement across a piece of property shall not have an effect on the market value of property for ad valorem tax purposes and when the property is assessed for ad valorem tax purposes, the market value shall be computed as if the conservation easement did not exist.
History:
[55-2109, added 1988, ch. 222, sec. 1, p. 424.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 22 - UNDERGROUND FACILITIES DAMAGE PREVENTION › Section 55-2201 - LEGISLATIVE INTENT.

55-2201. LEGISLATIVE INTENT. It is the intent of the legislature in enacting this chapter to create a system of stakeholder-driven education and enforcement addressing the prevention of damage to underground facilities, to assign responsibilities for locating and keeping accurate records of underground facility locations, for preventing and repairing damage to existing underground facilities, for collecting, storing, analyzing and disseminating data related to underground facility damage and excavator downtime events, and for protecting the public health and safety from great personal harm including death, property damage and interruption in vital services caused by damage to existing underground facilities. It is further the intent of the legislature that the state of Idaho, by adopting this chapter, reaffirms its primacy over underground facility damage prevention programs that protect the health, safety and property of its citizens and that, by adopting this chapter, Idaho precludes the pipeline and hazardous materials safety administration of the United States department of transportation from determining that Idaho’s damage prevention enforcement is inadequate pursuant to 49 CFR part 198, as adopted on July 9, 2015, and effective on January 1, 2016, and prevents any subsequent federal administrative enforcement actions that would result from such a formal determination.
History:
[55-2201, added 1990, ch. 351, sec. 1, p. 940; am. 2016, ch. 325, sec. 1, p. 894.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 22 - UNDERGROUND FACILITIES DAMAGE PREVENTION › Section 55-2206 - ONE-NUMBER NOTIFICATION SERVICE — ESTABLISHMENT — PARTICIPATION REQUIRED — FUNDING.

55-2206. ONE-NUMBER NOTIFICATION SERVICE — ESTABLISHMENT — PARTICIPATION REQUIRED — FUNDING. Two (2) or more persons who own or operate underground facilities in a county may voluntarily establish or contract with a third person to provide a one-number notification service to maintain information concerning underground facilities within a county. Upon the establishment of the first such one-number notification service, all underground facility owners with underground facilities within said county shall participate and cooperate with the service, and no duplicative service shall be established pursuant to this chapter. The activities of the one-number notification service shall be funded by all of the underground facility owners required by the provisions of this section to participate in and cooperate with the service. Each underground facility owner required to participate in a one-number notification service is subject to the jurisdiction of the damage prevention board established in section 55-2203, Idaho Code, and shall maintain accurate contact information, updated at least annually, with the one-number notification service for individuals responsible for the operation of the underground facilities of the underground facility owner, including contact information for individuals responsible for responding to an emergency.
History:
[(55-2206) 55-2204, added 1990, ch. 351, sec. 1, p. 942; am. and redesig. 2016, ch. 325, sec. 6, p. 900; am. 2019, ch. 256, sec. 3, p. 766; am. 2023, ch. 191, sec. 3, p. 526.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 22 - UNDERGROUND FACILITIES DAMAGE PREVENTION › Section 55-2207 - EXCAVATION CONTRACTS — LIMITATIONS — PRECAUTIONS TO AVOID DAMAGE — LIABILITY FOR DAMAGE.

55-2207. EXCAVATION CONTRACTS — LIMITATIONS — PRECAUTIONS TO AVOID DAMAGE — LIABILITY FOR DAMAGE. (1) Project owners shall indicate in bid or contract documents the existence of underground facilities known by the project owner to be located within the proposed area of excavation.
(2) An excavator shall use reasonable care to avoid damaging underground facilities. An excavator shall:
(a) Determine by hand digging, in the area twenty-four (24) inches or less from the facilities, the precise actual location of underground facilities that have been marked;
(b) Plan the excavation to avoid damage to or minimize interference with underground facilities in and near the excavation area; and
(c) Provide such support for underground facilities in and near the construction area, including during backfill operations, as may be reasonably necessary for the protection of such facilities.
(3) If an underground facility is damaged and such damage is the consequence of the failure to fulfill an obligation under this chapter, the party failing to perform that obligation shall be liable for the damage to the underground facility. Nothing in this chapter prevents the parties to an excavation contract from contracting with respect to the allocation of risk for changed or differing site conditions.
(4) In any action brought under this section, the prevailing party is entitled to reasonable attorney’s fees.
History:
[(55-2207) 55-2205, added 1990, ch. 351, sec. 1, p. 942; am. and redesig. 2016, ch. 325, sec. 7, p. 901; am. 2023, ch. 191, sec. 4, p. 526.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 22 - UNDERGROUND FACILITIES DAMAGE PREVENTION › Section 55-2208 - DAMAGE TO UNDERGROUND FACILITIES — DUTIES OF EXCAVATOR AND OWNER — REPORTING OF DATA.

55-2208. DAMAGE TO UNDERGROUND FACILITIES — DUTIES OF EXCAVATOR AND OWNER — REPORTING OF DATA. (1) An excavator who, in the course of excavation, contacts or damages an underground facility shall notify the underground facility owner and the one-number notification service. If the damage causes an emergency condition or an actual breach of an underground facility that releases gas or hazardous liquids into the surrounding environment, the excavator causing the damage shall also alert the appropriate local public safety agencies by, at a minimum, calling 911, and take all appropriate steps to ensure the public safety. No damaged underground facility may be buried until it is repaired or relocated.
(2) The owner of the underground facilities damaged shall arrange for repairs or relocation as soon as is practical or may permit the excavator to do necessary repairs or relocation at a mutually acceptable price.
(3) Any party responsible for damages to an underground facility shall be liable for the cost of repairs.
(4) The board shall adopt by rule a procedure for the processing of claims related to damages to underground facilities.
(5) Underground facility owners who observe or suffer damage to an underground facility and excavators who observe or suffer excavator downtime related to a failure of one (1) or more stakeholders to comply with applicable damage prevention regulations shall report such information to the board in accordance with the rules promulgated by the board. Reporting of such data does not constitute a complaint provided for in section 55-2211, Idaho Code.
History:
[(55-2208) 55-2206, added 1990, ch. 351, sec. 1, p. 943; am. 2002, ch. 351, sec. 2, p. 1003; am. and redesig. 2016, ch. 325, sec. 8, p. 901; am. 2019, ch. 182, sec. 3, p. 589.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 22 - UNDERGROUND FACILITIES DAMAGE PREVENTION › Section 55-2209 - DUTIES OF PUBLIC AGENCY ISSUING EXCAVATION, BUILDING OR OTHER SIMILAR PERMITS.

55-2209. DUTIES OF PUBLIC AGENCY ISSUING EXCAVATION, BUILDING OR OTHER SIMILAR PERMITS. (1) Any public agency, as defined in section 67-2327, Idaho Code, that has the authority to issue excavation, building or other similar permits shall notify persons seeking such permits of the existence of this chapter and the one-number notification service telephone number.
(2) A permit shall not be valid for excavation until or unless the notice provisions of this section have been complied with, and the portion of the permit directly relating to excavation may be suspended by the issuing public agency if the permit holder violates any provisions of this chapter. The issuing public agency shall reinstate the permit at no charge within forty-eight (48) hours of receiving evidence of compliance with the provisions of this chapter.
History:
[(55-2209) 55-2207, added 1990, ch. 351, sec. 1, p. 943; am. 1991, ch. 170, sec. 3, p. 412; am. and redesig. 2016, ch. 325, sec. 9, p. 902.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 22 - UNDERGROUND FACILITIES DAMAGE PREVENTION › Section 55-2210 - EXCAVATIONS EXEMPT FROM NOTICE REQUIREMENT.

55-2210. EXCAVATIONS EXEMPT FROM NOTICE REQUIREMENT. Unless facts exist which would reasonably cause an excavator to believe that an underground facility exists within the depth of the intended excavation, the following excavations shall not require notice of the excavation pursuant to section 55-2205(1)(c), Idaho Code:
(1) An excavation of less than fifteen (15) inches in vertical depth outside the boundaries of an underground facility easement of public record on private property.
(2) The tilling of soil to a depth of less than fifteen (15) inches for agricultural practices.
(3) The extraction of minerals within recorded mining claims or excavation within material sites legally located and of record, unless such excavation occurs within the boundaries of an underground facility easement.
(4) Normal maintenance of roads, streets and highways, including cleaning of roadside drainage ditches and clear zones, to a depth of fifteen (15) inches below the grade established during the design of the last construction of which underground facility owners were notified and which excavation will not reduce the authorized depth of cover of an underground facility.
(5) Replacement of highway guardrail posts, sign posts, delineator posts, culverts, and traffic control device supports in the same approximate location and depth of the replaced item within public highway rights-of-way.
(6) Normal maintenance of railroad rights-of-way, except where such rights-of-way intersect or cross public roads, streets, highways, or rights-of-way adjacent thereto, or recorded underground facility easements.
History:
[(55-2210) 55-2208, added 1990, ch. 351, sec. 1, p. 943; am. 1991, ch. 170, sec. 4, p. 412; am. 2002, ch. 351, sec. 3, p. 1003; am. and redesig. 2016, ch. 325, sec. 10, p. 902.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 22 - UNDERGROUND FACILITIES DAMAGE PREVENTION › Section 55-2212 - WAIVER PERMITTED BY OWNER OF UNDERGROUND FACILITY.

55-2212. WAIVER PERMITTED BY OWNER OF UNDERGROUND FACILITY. The notification and marking provisions of this chapter may be waived for one or more designated persons by an underground facility owner with respect to all or part of that underground facility owner’s own underground facilities.
History:
[(55-2212) 55-2210, added 1990, ch. 351, sec. 1, p. 944; am. and redesig. 2016, ch. 325, sec. 12, p. 904.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 23 - SELF-SERVICE STORAGE FACILITIES › Section 55-2301 - DEFINITIONS.

55-2301. DEFINITIONS. As used in this chapter:
(1) "Default" means the failure by the lessee to perform, on time, any obligation or duty set forth in the rental agreement or the provisions of this chapter.
(2) "Last known address" means that address provided by the lessee in the rental agreement or the address provided by the lessee to the operator in a subsequent written notice of a change of address.
(3) "Leased space" means the individual storage space at the self-service storage facility that is or may be rented to a lessee pursuant to a rental agreement. The leased space may be enclosed, covered, or open storage.
(4) "Lessee" means a person, sublessee, successor, or assignee entitled to the use of a leased space at a self-service storage facility under the terms of a rental agreement.
(5) "Operator" means the owner, operator, lessor, or sublessor of a self-service storage facility or an agent or another person authorized to manage the facility or to receive rent from a lessee under a rental agreement. The term does not include a warehouse operator if the warehouse operator issues a warehouse receipt, bill of lading, or other document of title for the personal property stored.
(6) "Personal property" means those items placed within the leased space and includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft and household items and furnishings.
(7) "Rental agreement" means a signed, written agreement or contract that establishes or modifies conditions or rules concerning the use and occupancy by a lessee of leased space at a self-service storage facility and includes any signed, written amendment to such an agreement.
(8) "Self-service storage facility" means any real property used for renting or leasing individual storage space in which the lessees themselves store and remove their own personal property on a "self-service" basis.
(9) "Vehicle" is as defined in section 49-123, Idaho Code, and "trailer" is as defined in section 49-121, Idaho Code. Should the operator choose to proceed with a lien sale of a vehicle, the operator must comply with the provisions of chapter 17, title 49, Idaho Code.
History:
[55-2301, added 1990, ch. 381, sec. 1, p. 1055; am. 2020, ch. 144, sec. 1, p. 443.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 23 - SELF-SERVICE STORAGE FACILITIES › Section 55-2302 - RESTRICTIVE USE OF TERMS.

55-2302. RESTRICTIVE USE OF TERMS. A self-service storage facility is not a warehouse or a public utility.
History:
[55-2302, added 1990, ch. 381, sec. 1, p. 1056.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 23 - SELF-SERVICE STORAGE FACILITIES › Section 55-2303 - RESTRICTIONS ON USE OF LEASED SPACE.

55-2303. RESTRICTIONS ON USE OF LEASED SPACE. (1) An operator may not knowingly permit a leased space to be used for residential purposes.
(2) A lessee may not use a leased space for residential purposes.
History:
[55-2303, added 1990, ch. 381, sec. 1, p. 1056.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 23 - SELF-SERVICE STORAGE FACILITIES › Section 55-2304 - RENTAL AGREEMENT.

55-2304. RENTAL AGREEMENT. (1) From and after July 1, 1990, any operator offering storage spaces in a self-service storage facility for rent shall provide a written rental agreement which shall be executed by the operator and the lessee. The operator of a self-service storage facility shall provide a lessee with a copy of the rental agreement at the time of the rental by delivery at that time or as provided for in the rental agreement.
(2) The rental agreement shall contain a conspicuous statement advising the lessee:
(a) Of the existence of the operator’s lien;
(b) That the property in the leased space may be sold to satisfy the lien if the lessee is in default;
(c) That the personal property stored in a leased space will not be insured unless the lessee obtains insurance on his property;
(d) Of the amount of any late fee and the conditions for imposing the fee; and
(e) That all notices and correspondence may be sent as provided for in the rental agreement.
(3) In the absence of a notice provision in the rental agreement, notices to the lessee pursuant to section 55-2306, Idaho Code, shall be sent by certified mail. The absence of a notice provision in the rental agreement does not affect the validity of the rental agreement or the operator’s lien.
(4) The rental agreement shall contain a provision requiring the lessee to disclose any lienholders or secured parties who have an interest in property that is stored in the leased space.
(5) If the rental agreement specifies a limit on the value of personal property that the lessee may store in the leased space, the limit must be deemed to be the maximum value of the personal property in the leased space and the maximum liability on the part of the operator to the lessee for any loss of or damage to the personal property. Nothing in this section shall be deemed to create any liability on the part of the operator to the lessee for any loss of or damage to the lessee’s personal property, regardless of cause.
(6) All notices sent as provided for in the rental agreement or by certified mail shall be constructive and conclusive notice under the rental agreement and this chapter.
(7) A reasonable late fee may be imposed and collected by an operator for each period that a lessee does not pay rent, fees, or other charges when due under the rental agreement, if the amount of the late fee and the conditions for imposing the fee are stated in the rental agreement. A late fee of twenty dollars ($20.00) or twenty percent (20%) of the monthly rent, whichever is greater, is a reasonable fee and will not be considered a penalty.
(8) Nothing in this chapter shall be construed in any manner as impairing or affecting the right of parties to create additional rights, duties, and obligations in and by virtue of a rental agreement. In addition to the rights and remedies set forth in this chapter, the operator has the same rights and remedies available to a creditor or landlord under Idaho law.
History:
[55-2304, added 1990, ch. 381, sec. 1, p. 1056; am. 2020, ch. 144, sec. 2, p. 444.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 23 - SELF-SERVICE STORAGE FACILITIES › Section 55-2305 - LIEN CREATED.

55-2305. LIEN CREATED. The operator of a self-service storage facility, his heirs, executors, administrators, successors, and assigns shall have a lien on all personal property stored within each leased space located at the self-service storage facility for rent, labor, fees, or other charges, present or future, and for expenses reasonably incurred in enforcing the lien. Self-service storage facility liens shall be brought exclusively under the provisions of this chapter. Notwithstanding any other provision of this chapter, the exclusive care, custody, and control of the personal property stored within each leased space remains with the lessee until the property has been sold or disposed of pursuant to this chapter.
History:
[55-2305, added 1990, ch. 381, sec. 1, p. 1056; am. 2020, ch. 144, sec. 3, p. 444.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 23 - SELF-SERVICE STORAGE FACILITIES › Section 55-2307 - SEVERABILITY.

55-2307. SEVERABILITY. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.
History:
[55-2307, added 1990, ch. 381, sec. 1, p. 1057.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 23 - SELF-SERVICE STORAGE FACILITIES › Section 55-2308 - LESSEE IN DEFAULT — VEHICLE OR TRAILER REMOVAL.

55-2308. LESSEE IN DEFAULT — VEHICLE OR TRAILER REMOVAL. (1) If a lessee is in default of the rental agreement for sixty (60) days or more and the personal property stored in the leased space is a vehicle or trailer, the operator may have the vehicle or trailer towed from the self-service storage facility by an independent towing company. Prior to having the vehicle or trailer towed, the operator shall send notice to the lessee as provided for in the rental agreement or by certified mail to the last known address stating:
(a) A demand for payment within a time specified, no less than ten (10) days after sending of the notice;
(b) That unless the claim is paid within the time stated in the notice, the vehicle or trailer may be towed; and
(c) The name, address, and telephone number of the towing company.
(2) The operator shall send a copy of the notice by United States mail with certificate of mailing to any lienholder of the vehicle or trailer that is listed in the rental agreement, no less than ten (10) days prior to having the vehicle or trailer towed.
(3) The operator has no liability to any person regarding the vehicle or trailer once the towing company takes possession of the vehicle or trailer.
(4) Should the operator choose to proceed with a lien sale of a vehicle, the operator must comply with the provisions of chapter 17, title 49, Idaho Code. The towing company that tows the vehicle must comply with the provisions of either chapter 17 or 18, title 49, Idaho Code, as applicable, prior to conducting a sale of the vehicle.
History:
[55-2308, added 2020, ch. 144, sec. 5, p. 446.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 23 - SELF-SERVICE STORAGE FACILITIES › Section 55-2309 - ACCESS RESTRICTION.

55-2309. ACCESS RESTRICTION. The operator has the right to deny the lessee access to the leased space by overlocking or other means if:
(1) The rent or other charges due from the lessee are delinquent and unpaid;
(2) The leased space is being used for residential or other unlawful purposes; or
(3) The lessee fails to vacate the leased space after the rental agreement is terminated in accordance with its terms.
History:
[55-2309, added 2020, ch. 144, sec. 6, p. 446.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 24 - ACTIVITIES IN PROXIMITY TO HIGH VOLTAGE OVERHEAD LINES › Section 55-2401 - DEFINITIONS.

55-2401. DEFINITIONS. As used in this chapter:
(1) "Authorized person" means:
(a) An employee of a public utility, or a contractor or subcontractor or employee of a contractor or subcontractor of a public utility, which produces, transmits or delivers electricity, while the employee is working within the scope of his employment with or for the public utility;
(b) An employee of a public utility which provides and whose work relates to communication services or an employee of a state, county or municipal agency which has authorized circuit construction on or near the poles or structures of a public utility, while the employee is working within the scope of his employment;
(c) An employee of an industrial plant whose work relates to the electrical system of the industrial plant, while the employee is working within the scope of his employment;
(d) An employee of a cable television or communication services company or an employee of a contractor of a cable television or communication services company, if specifically authorized by the owner of the poles to make cable television or communication services attachments, while the employee is working within the scope of his employment; or
(e) An employee or agent of a state, county or municipal agency which has or whose work relates to overhead electrical lines or circuit construction or conductors on poles or structures of any type, while the employee is working within the scope of his employment.
(2) "Contractor" means any person, sole proprietorship, partnership, joint venture, corporation, or other business entity doing business in the state of Idaho which contracts, subcontracts or otherwise agrees or undertakes to perform any function or activity upon any land, building, highway, waterway or other premises.
(3) "High voltage" means voltage in excess of six hundred (600) volts measured between conductors or between a conductor and the ground.
(4) "Overhead line" means all electrical conductors installed above ground.
(5) "Person" means any individual or business entity of any kind.
(6) "Public utility" means any publicly, cooperatively or privately owned utility which owns or operates a high voltage overhead line.
History:
[55-2401, added 1992, ch. 177, sec. 1, p. 559; am. 2000, ch. 319, sec. 1, p. 1076.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 24 - ACTIVITIES IN PROXIMITY TO HIGH VOLTAGE OVERHEAD LINES › Section 55-2402 - ACTIVITY NEAR OVERHEAD LINE — SAFETY RESTRICTIONS.

55-2402. ACTIVITY NEAR OVERHEAD LINE — SAFETY RESTRICTIONS. Unless danger against contact with high voltage overhead lines has been effectively guarded against as provided in section 55-2403, Idaho Code, a contractor, individually or through an agent or employee or as an agent or employee, shall not:
(1) Perform or require any other person to perform any function or activity upon any land, building, highway, waterway or other premises if at any time during the performance of such function or activity it is possible that the contractor or the person or any part of any tool or material used by the contractor or the person could move or be placed or brought closer to any high voltage overhead line than the following clearances:
(a) For lines nominally rated at fifty (50) kilovolts or less, ten (10) feet of clearance;
(b) For lines nominally rated at over fifty (50) kilovolts, ten (10) feet plus four-tenths (.4) of an inch for each kilovolt over fifty (50) kilovolts.
(2) Operate any mechanical or hoisting equipment or any load of such equipment, any part of which is capable of vertical, lateral or swinging motion closer to any high voltage overhead lines than the clearances specified in subsections (1)(a) and (b) of this section.
History:
[55-2402, added 1992, ch. 177, sec. 1, p. 560.]