reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5821 - RENEWAL AND REINSTATEMENT OF LICENSE, REGISTRATION, AND CERTIFICATES.

54-5821. RENEWAL AND REINSTATEMENT OF LICENSE, REGISTRATION, AND CERTIFICATES. All licenses, registrations, or certificates issued under the provisions of this chapter shall be subject to annual renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal and fees. License, registration, or certificate renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code. A barber school or cosmetology school licensed under the provisions of this chapter that fails to renew on or before the expiration date may request retroactive reinstatement to the date of expiration as provided in this section. If the board finds that such school has paid the renewal fee within ninety (90) days of the failure to renew, there being no other cause for the school’s license to have been lapsed or canceled, and the school has paid all costs and penalties related to the license renewal and reinstatement required by law or rule, the board may retroactively renew said license to the date of expiration of the previous license. The school may continue to operate during the time period required by the board for consideration of the reinstatement request.
History:
[54-5821, added 2018, ch. 228, sec. 3, p. 533; am. 2020, ch. 163, sec. 1, p. 476; am. 2020, ch. 182, sec. 16, p. 573.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5822 - FEES.

54-5822. FEES. (1) Any fee required pursuant to this chapter, including fees for original licenses, certificates, registrations, permits, annual renewals, and licenses, certificates, and registrations by endorsement, shall be set by board rule.
(2) All fees received by the board under the provisions of this chapter shall be nonrefundable, except as provided by board rule, and shall be deposited in the state treasury to the credit of the occupational licenses fund in the dedicated fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The fees collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.
History:
[54-5822, added 2018, ch. 228, sec. 3, p. 533; am. 2020, ch. 182, sec. 17, p. 573; am. 2021, ch. 224, sec. 78, p. 691.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5823 - REFUSAL, REVOCATION OR SUSPENSION OF LICENSE, CERTIFICATE OR REGISTRATION — SANCTIONS.

54-5823. REFUSAL, REVOCATION OR SUSPENSION OF LICENSE, CERTIFICATE OR REGISTRATION — SANCTIONS. The board may refuse to issue or renew a license, certificate or registration, may suspend or revoke a license, certificate or registration, or may otherwise sanction a licensee, certificant or registrant or impose education, training or supervision on a licensee, certificant or registrant if the licensee, certificant or registrant:
(1) Is convicted of a felony as evidenced by a certified copy of the record of the court of conviction;
(2) Commits malpractice or is otherwise professionally incompetent;
(3) Knowingly practices the licensee’s, certificant’s or registrant’s occupation while having an infectious or contagious disease, except as approved by a physician licensed under chapter 18, title 54, Idaho Code;
(4) Advertises by means of knowingly false or deceptive statements;
(5) Is habitually intoxicated, uses illegal drugs, or deliberately misuses or abuses prescription drugs;
(6) Commits unprofessional conduct as defined by rule;
(7) Fraudulently applies for or obtains a license, certificate or registration;
(8) Violates a provision of this chapter or a rule adopted pursuant to this chapter;
(9) Has had an occupational license, certificate or registration suspended or revoked in any jurisdiction; or
(10) Fails to comply with a board order entered in a disciplinary matter.
History:
[54-5823, added 2018, ch. 228, sec. 3, p. 534.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5824 - BARBER POLES.

54-5824. BARBER POLES. Only persons licensed pursuant to the provisions of this chapter as a barber or barber-stylist may:
(1) Hold themselves out to the public, solicit business or advertise as a licensed barber or as operating a licensed barbershop;
(2) Use the title or designation "barber" or "barbershop" under circumstances that would create or tend to create the impression to members of the general public that the person is a licensed barber, is a licensed barber-stylist, or is operating a licensed barbershop; or
(3) Place a barber pole in a location that would create or tend to create the impression to members of the general public that a business located near the barber pole is a barbershop, unless the business is a licensed cosmetology establishment that is leasing space to or employing a licensed barber or a licensed barber-stylist. As used in this section, "barber pole" means a red and white striped vertical cylinder with a ball located on top of the cylinder or any object of a similar nature, regardless of its actual shape or coloring, that would create or tend to create the impression to members of the general public that a business located near the object is a barbershop.
History:
[54-5824, added 2018, ch. 228, sec. 3, p. 534.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5825 - PRIOR BOARDS AND LICENSEES.

54-5825. PRIOR BOARDS AND LICENSEES. The rights, obligations and authority of the board of barber examiners and the board of cosmetology, as they existed prior to the adoption of this chapter, shall be vested in the barber and cosmetology services licensing board created by this chapter. Persons who qualified for licensure under chapters 5 and 8, title 54, Idaho Code, as repealed by this act, shall be entitled to renew their licenses under this chapter.
History:
[54-5825, added 2018, ch. 228, sec. 3, p. 535.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5826 - CERTAIN ACTS PROHIBITED.

54-5826. CERTAIN ACTS PROHIBITED. The following acts shall be misdemeanors:
(1) Violating a provision of this chapter;
(2) Permitting any person in one’s employ, supervision or control to practice barbering, barber-styling, cosmetology or electrology or to practice as an apprentice or student, if that person has not complied with the provisions of this chapter;
(3) Obtaining or attempting to obtain a registration, certificate or license for money other than the required fee or any other thing of value or by fraudulent misrepresentation;
(4) Practicing or offering to practice any of the occupations defined in this chapter, unless licensed, certificated or registered or otherwise exempt as herein provided; and
(5) Maintaining or operating a barber or cosmetology establishment, a retail cosmetics dealer facility, a retail thermal styling equipment dealer facility, a barber school or a cosmetology school, unless such facility is licensed or registered as herein provided.
History:
[54-5826, added 2018, ch. 228, sec. 3, p. 535.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 58 - BARBER AND COSMETOLOGY SERVICES ACT › Section 54-5827 - SEVERABILITY.

54-5827. 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:
[54-5827, added 2018, ch. 228, sec. 3, p. 535.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 59 - NATUROPATHIC DOCTOR LICENSING AND NATUROPATH REGISTRATION › Section 54-5901 - DECLARATION OF POLICY.

54-5901. DECLARATION OF POLICY. (1) The legislature finds and declares that the licensing of naturopathic doctors and the registration of lay naturopaths will improve access to natural health care for Idahoans and promote the health of all Idahoans, including the underserved population. The licensing of naturopathic doctors and registration of lay naturopaths will promote the public health interest by aiding in the delivery of naturopathic medical services of high quality to the people of Idaho. To fulfill these purposes, this chapter provides for the optional licensure of naturopathic doctors as well as for the optional registration of laypersons who are naturopaths.
(2) This chapter shall not restrict unlicensed practice lawfully provided pursuant to section 54-1804(1)(l), Idaho Code.
History:
[54-5901, added 2022, ch. 194, sec. 1, p. 636.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 59 - NATUROPATHIC DOCTOR LICENSING AND NATUROPATH REGISTRATION › Section 54-5902 - DEFINITIONS.

54-5902. DEFINITIONS. As used in this chapter:
(1) "Board" means the Idaho board of naturopathic health care.
(2) "License" means a license to practice as a licensed naturopathic doctor.
(3) "Licensed naturopathic doctor" means an individual licensed as a medical doctor, doctor of osteopathy, doctor of podiatric medicine, doctor of chiropractic, doctor of dental medicine, or doctor of nursing practice who has obtained an approved naturopathic doctoral degree, as set forth in rule, and who voluntarily elects to seek and receives licensure under this chapter to practice naturopathic health care in Idaho.
(4) "Minor procedure" means the use of operative, electrical, or other methods for repair and care incidental to superficial lacerations, abrasions, superficial lesions, the removal of foreign bodies located in the superficial tissues, and the use of antiseptics and local topical anesthetics in connection with such methods.
(5) "Naturopathic health care" means the delivery of a distinct primary health care emphasizing prevention, treatment, and optimal health using therapeutic methods and substances that encourage an individual’s inherent self-healing process by a naturopathic practitioner.
History:
[54-5902, added 2022, ch. 194, sec. 1, p. 636.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 59 - NATUROPATHIC DOCTOR LICENSING AND NATUROPATH REGISTRATION › Section 54-5903 - BOARD OF NATUROPATHIC HEALTH CARE CREATED — MEMBER APPOINTMENT — TERMS.

54-5903. BOARD OF NATUROPATHIC HEALTH CARE CREATED — MEMBER APPOINTMENT — TERMS. (1) The Idaho board of naturopathic health care is hereby created in the division of occupational and professional licenses. The board shall consist of five (5) members.
(a) For the initial board:
(i) One (1) member shall be a public member;
(ii) One (1) member shall be either a doctor of osteopathy or a doctor of medicine who is not licensed under this chapter but who is licensed pursuant to chapter 18, title 54, Idaho Code;
(iii) Two (2) members shall be eligible for licensure under this chapter; and
(iv) One (1) member shall be eligible for registration as a naturopath under this chapter.
(b) After the initial board:
(i) One (1) member shall be a public member;
(ii) One (1) member shall be either a doctor of osteopathy or a doctor of medicine who is not licensed under this chapter but who is licensed pursuant to chapter 18, title 54, Idaho Code;
(iii) Two (2) members shall be licensed under this chapter; and
(iv) One (1) member shall be registered under this chapter.
(2) The governor shall appoint all members of the board. Of the initial members, two (2) shall be appointed for four (4) year terms and three (3) shall be appointed for three (3) year terms. After the initial appointments, all terms of appointment shall be for four (4) years. Each member shall serve until a successor is appointed and qualified. No member shall serve more than two (2) consecutive full terms.
(3) The board shall, within thirty (30) days after its appointment, and at least annually thereafter, hold a meeting and elect a chair and a vice chair and may hold additional meetings at the call of the chair or at the written request of any two (2) members of the board. A majority of the board shall constitute a quorum. The vote of a majority of members present at a meeting wherein a quorum is present shall determine the action of the board. The chair and vice chair shall each serve for a two (2) year term. No chair or vice chair may serve more than two (2) consecutive terms.
(4) In the event of the death, resignation, or removal of any board member before the expiration of the term to which the member is appointed, the vacancy shall be filled for the unexpired portion of the term in the same manner as the original appointment.
(5) Board members shall serve at the pleasure of the governor.
(6) Each member of the board shall be compensated as provided in section 59-509(p), Idaho Code.
History:
[54-5903, added 2022, ch. 194, sec. 1, p. 637.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 59 - NATUROPATHIC DOCTOR LICENSING AND NATUROPATH REGISTRATION › Section 54-5906 - LICENSED NATUROPATHIC DOCTORS — SCOPE OF PRACTICE.

54-5906. LICENSED NATUROPATHIC DOCTORS — SCOPE OF PRACTICE. (1) A naturopathic doctor licensed pursuant to this chapter may engage only in the scope of practice provided for in this section.
(2) A person who does not possess a current, valid, and unrestricted license pursuant to title 54, Idaho Code, that permits such person to prescribe legend drugs or to perform minor procedures shall not be authorized to do so under a license issued pursuant to this chapter.
(3) If a licensed naturopathic doctor receives licensure in Idaho to practice any profession identified in section 54-5905(1)(a), Idaho Code, then the board may allow the licensed naturopathic doctor to incorporate any additional scope of practice provided for in this section or prescriptive rights as provided for in section 54-5907, Idaho Code. However, the board shall not approve an expanded scope of practice pursuant to this subsection if such additional licensure does not authorize such scope of practice.
(4)(a) The scope of practice for a licensed naturopathic doctor shall be established by rule of the board and shall be limited to the following:
(i) Diagnosis and treatment of conditions affecting the human body, including vitamins, minerals, or other natural methods;
(ii) Diagnosis and care of patients using a system of practice that bases treatment of physiological functions and abnormal conditions on natural laws governing the human body, including utilizing physiological, psychological, and mechanical methods, electromagnetism, therapeutic exercise, homeopathic medicine, decompression, traction, biofeedback, electrotherapy, physiotherapy, mechanotherapy, naturopathic corrections, neurofeedback, natural methods and substances that support hormonal and cellular health, phytotherapy, and food and herb therapies; and
(iii) Physical examination procedures and laboratory procedures, including ordering imaging and diagnostic tests for purposes of diagnosis.
(b) Other practices that are consistent with this chapter may be allowed pursuant to the rules of the board.
(5) Minor procedures using local anesthetics may be performed only if a licensed naturopathic doctor has had postgraduate surgical training in residency, possesses relevant board certification, is licensed under another chapter of title 54, Idaho Code, that authorizes minor procedures, and is expressly authorized by the board to perform minor procedures.
(6) No licensed naturopathic doctor shall perform minor procedures, prescribe legend drugs, or perform any other action unless otherwise expressly authorized by this chapter and such action is pursuant to the rules of the board.
History:
[54-5906, added 2022, ch. 194, sec. 1, p. 639.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 59 - NATUROPATHIC DOCTOR LICENSING AND NATUROPATH REGISTRATION › Section 54-5907 - PRESCRIPTIVE RIGHTS.

54-5907. PRESCRIPTIVE RIGHTS. (1) Licensed naturopathic doctors may be granted certain prescriptive rights as part of their scope of practice. However, prescriptive rights for licensed naturopathic doctors shall be granted and maintained only if the licensed naturopathic doctor:
(a) Currently possesses and maintains a full federal drug enforcement agency (DEA) registration that is in good standing prior to seeking prescriptive rights under his license;
(b) Has completed at least forty-five (45) credit hours of pharmacology from an institution accredited by the United States department of education; and
(c) Possesses a current, valid, and unrestricted license issued pursuant to title 54, Idaho Code, that permits such person to prescribe legend drugs.
(2) Licensed naturopathic doctors’ individual prescriptive rights pursuant to this section shall be limited to all medications, treatments, or any other item to be prescribed as outlined and approved by the board. However, the board shall not approve any medication, treatment, or any other similar item that is not approved by the formulary committee.
(3) This section shall not and is not intended to authorize group licensure for all individuals licensed under this chapter. Each licensed naturopathic doctor must, on an individual basis, receive approval from the board to prescribe legend drugs as a licensed naturopathic doctor.
(4) The board, by rule, shall ensure that any approval of a licensed naturopathic doctor’s request to prescribe as a licensed naturopathic doctor does not exceed the prescriptive scope the licensed naturopathic doctor previously possessed prior to licensure under this chapter.
History:
[54-5907, added 2022, ch. 194, sec. 1, p. 640.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 59 - NATUROPATHIC DOCTOR LICENSING AND NATUROPATH REGISTRATION › Section 54-5908 - REGISTERED NATUROPATHS.

54-5908. REGISTERED NATUROPATHS. (1) Naturopaths who are not licensed naturopathic doctors may, but shall not be required to, obtain registration under the provisions of this chapter and pursuant to the rules of the board.
(2) The scope of practice for a registered naturopath under this chapter shall be limited to practices permitted pursuant to section 54-1804(1)(l), Idaho Code.
History:
[54-5908, added 2022, ch. 194, sec. 1, p. 640.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 59 - NATUROPATHIC DOCTOR LICENSING AND NATUROPATH REGISTRATION › Section 54-5909 - LICENSE AND REGISTRATION ISSUANCE, REVOCATION, AND RENEWAL.

54-5909. LICENSE AND REGISTRATION ISSUANCE, REVOCATION, AND RENEWAL. (1) The board shall issue and renew licenses or issue and renew registrations to persons who have qualified for such license or registration pursuant to the provisions of this chapter.
(2) The board may deny an application for licensure or registration, revoke a license or registration, or place restrictions on a license or registration if the holder of such license or registration or applicant for licensure or registration:
(a) Is a current health care professional whose licensure is or previously has been revoked, suspended, placed on probation, reprimanded, limited, restricted, or conditioned, or if such person has been or is currently subject to disciplinary action with respect to professional licensure;
(b) Engages in conduct prohibited by this chapter;
(c) Obtains or attempts to obtain the issuance or renewal of a license or registration pursuant to this chapter by means of fraud, misrepresentation, or concealment of material facts;
(d) Has at any time failed to maintain the confidentiality of records or other information pertaining to an identifiable client, except as required or authorized by law;
(e) Engages in any conduct that constitutes an abuse or exploitation of a client arising out of the trust and confidence placed in the licensed naturopathic doctor or registered naturopath by the client;
(f) Fails to, or has previously failed to, adhere to the limitations set forth in section 54-1804(1)(l), Idaho Code;
(g) Is convicted of, or in the past was convicted of, a crime deemed relevant in accordance with section 67-9411(1), Idaho Code;
(h) Engages in conduct that violates the provisions of this chapter, the rules of the board, or the terms of any license or registration issued by the board; or
(i) Fails to comply with a board order entered in any disciplinary matter.
(3) In making a determination under subsection (2) of this section, the board shall take into consideration the rehabilitation of the applicant and other mitigating circumstances.
(4) An applicant for a license or registration under this chapter shall submit any fee established pursuant to board rules.
(5) All licenses issued under the provisions of this chapter shall be subject to annual renewal and shall expire unless renewed in the manner prescribed by the board. License renewal and reinstatement shall be in accordance with section 67-2614, Idaho Code.
History:
[54-5909, added 2022, ch. 194, sec. 1, p. 641.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 59 - NATUROPATHIC DOCTOR LICENSING AND NATUROPATH REGISTRATION › Section 54-5910 - IMMUNITY OF BOARD MEMBERS AND PERSONS REPORTING INFORMATION TO BOARD.

54-5910. IMMUNITY OF BOARD MEMBERS AND PERSONS REPORTING INFORMATION TO BOARD. Any member or agent of the board, any member who has served on the board, or any person under oath shall not be subject to a civil action for damages as a result of reporting information in good faith, without fraud or malice, relating to alleged violations or vindictive violations of this chapter or board rules.
History:
[54-5910, added 2022, ch. 194, sec. 1, p. 641.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 59 - NATUROPATHIC DOCTOR LICENSING AND NATUROPATH REGISTRATION › Section 54-5911 - OBSERVATION OF PUBLIC HEALTH LAW.

54-5911. OBSERVATION OF PUBLIC HEALTH LAW. Each individual licensed or registered under this chapter shall observe and be subject to all state, federal, and municipal regulations relating to the control of contagious and infectious diseases and all matters pertaining to public health. Failure to comply with these requirements shall constitute grounds for disciplinary action pursuant to the provisions of this chapter and the laws of the state of Idaho.
History:
[54-5911, added 2022, ch. 194, sec. 1, p. 641.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 59 - NATUROPATHIC DOCTOR LICENSING AND NATUROPATH REGISTRATION › Section 54-5912 - FORMULARY COMMITTEE.

54-5912. FORMULARY COMMITTEE. (1) The board shall appoint a formulary committee consisting of one (1) member who is licensed under chapter 18, title 54, Idaho Code, to practice in Idaho as a pharmacist (PharmD), two (2) members who are either a doctor of osteopathy or a doctor of medicine and who are not licensed under this chapter but are licensed pursuant to Idaho Code, and two (2) members who are licensed under this chapter and possess full federal drug enforcement agency (DEA) registration in good standing.
(2) All members of the formulary committee shall possess a valid and active DEA number and be authorized to prescribe within the United States.
(3) Initially, three (3) members shall serve for three (3) years and two (2) members shall serve for two (2) years. After the initial appointments, all terms of appointment shall be for three (3) years. No member may serve for more than two (2) consecutive terms.
(4) The formulary committee shall act in an advisory role in evaluating prescriptive authority for applicants or other similar issues as called upon by the board. However, the formulary committee shall first approve the scope of prescriptive rights that individuals licensed under this chapter may use before the board approves the scope of prescriptive rights.
History:
[54-5912, added 2022, ch. 194, sec. 1, p. 642.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 1 - PROPERTY AND OWNERSHIP — GENERAL PROVISIONS › Section 55-101 - REAL PROPERTY DEFINED.

55-101. REAL PROPERTY DEFINED. Real property or real estate consists of:
1. Lands, possessory rights to land, ditch and water rights, and mining claims, both lode and placer.
2. That which is affixed to land.
3. That which is appurtenant to land.
History:
[(55-101) R.S., sec. 2825; reen. R.C. & C.L., sec. 3056; C.S., sec. 5325; I.C.A., sec. 54-101.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 1 - PROPERTY AND OWNERSHIP — GENERAL PROVISIONS › Section 55-101A - “LANDS” DEFINED.

55-101A. "LANDS" DEFINED. Lands are the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock or other substance, and include free or occupied space for an indefinite distance upwards as well as downwards, subject to limitations upon the use of airspace imposed and rights in the use of airspace granted, by law.
History:
[55-101A, added 1965, ch. 104, sec. 1, p. 190.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 1 - PROPERTY AND OWNERSHIP — GENERAL PROVISIONS › Section 55-101B - “CONDOMINIUM” DEFINED.

55-101B. "CONDOMINIUM" DEFINED. A condominium is an estate consisting of (i) an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof, together with (ii) a separate interest in real property, in an interest or interests in real property, or in any combination thereof.
History:
[55-101B, added 1965, ch. 104, sec. 2, p. 190.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 1 - PROPERTY AND OWNERSHIP — GENERAL PROVISIONS › Section 55-102 - PERSONAL PROPERTY DEFINED.

55-102. PERSONAL PROPERTY DEFINED. Every kind of property that is not real is personal.
History:
[55-102, added R.S., sec. 2826; reen. R.C. & C.L., sec. 3057; C.S., sec. 5326; I.C.A., sec. 54-102.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 1 - PROPERTY AND OWNERSHIP — GENERAL PROVISIONS › Section 55-103 - WHO MAY OWN PROPERTY.

55-103. WHO MAY OWN PROPERTY. (1) Except as provided in subsection (2) of this section, any person, whether citizen or alien, may take, hold, and dispose of property, real or personal.
(2) Notwithstanding any provision of law to the contrary, on and after the effective date of this subsection, a foreign government or a foreign state-controlled enterprise shall not purchase, acquire, or hold any controlling interest in agricultural land, water rights, mining claims, or mineral rights in the state of Idaho. This subsection does not apply to any interest in agricultural land, water rights, mining claims, or mineral rights acquired by a foreign government or foreign state-controlled enterprise prior to the effective date of this subsection or to any foreign pension fund.
(3) As used in this section:
(a) "Agricultural land" shall have the same meaning as "land actively devoted to agricultural purposes" as provided in section 63-604, Idaho Code.
(b) "Controlling interest" means:
(i) Possession of more than fifty percent (50%) of the ownership interest in an entity; or
(ii) A percentage of ownership interest in an entity that is fifty percent (50%) or less if a foreign government actually directs the business and affairs of the entity without the requirement or consent of any other party.
(c) "Foreign government" means a government other than the federal government of the United States or the government of any state, political subdivision of a state, territory, or possession of the United States.
(d) "Foreign pension fund" means a trust, corporation, or other entity created or organized under the law of a country other than the United States to provide retirement or pension fund benefits. However, the term "foreign pension fund" shall not include any trust, corporation, or other entity that is owned by or subject to a controlling interest of a sovereign wealth fund.
(e) "Mineral right" shall have the same meaning as provided in section 47-701, Idaho Code.
(f) "Mining claim" means a portion of land containing minerals that a miner has a right to occupy and possess for the purpose of extracting minerals.
(g) "State-controlled enterprise" means a business enterprise, however denominated, sovereign wealth fund, or state-backed investment fund in which a foreign government has a controlling interest.
(h) "Water right" shall have the same meaning as provided in section 42-230, Idaho Code.
History:
[55-103, added R.S., sec. 2827; reen. R.C. & C.L., sec. 3058; C.S., sec. 2827; I.C.A., sec. 54-103; am. 2023, ch. 251, sec. 1, p. 768.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 1 - PROPERTY AND OWNERSHIP — GENERAL PROVISIONS › Section 55-104 - INTERESTS IN COMMON.

55-104. INTERESTS IN COMMON. Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, or unless acquired as community property.
History:
[55-104, added R.S., sec. 2828; reen. R.C. & C.L., sec. 3059; C.S., sec. 5328; I.C.A., sec. 54-104.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 1 - PROPERTY AND OWNERSHIP — GENERAL PROVISIONS › Section 55-105 - FUTURE INTERESTS — WHEN VESTED.

55-105. FUTURE INTERESTS — WHEN VESTED. A future interest is vested when there is a person in being who would have a right, defeasible or indefeasible, to the immediate possession of the property upon the ceasing of the immediate or precedent interest.
History:
[55-105, added R.S., sec. 2830; reen. R.C. & C.L., sec. 3061; C.S., sec. 5329; I.C.A., sec. 54-105.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 1 - PROPERTY AND OWNERSHIP — GENERAL PROVISIONS › Section 55-106 - CONTINGENT INTERESTS.

55-106. CONTINGENT INTERESTS. A future interest is contingent whilst the person in whom, or the event upon which, it is limited to take effect remains uncertain.
History:
[55-106, added R.S., sec. 2831; reen. R.C. & C.L., sec. 3062; C.S., sec. 5330; I.C.A., sec. 54-106.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 1 - PROPERTY AND OWNERSHIP — GENERAL PROVISIONS › Section 55-107 - ALTERNATIVE FUTURE INTERESTS.

55-107. ALTERNATIVE FUTURE INTERESTS. Two (2) or more future interests may be created to take effect in the alternative; so that if the first in order fails to vest, the next in succession shall be substituted for it, and take effect accordingly.
History:
[55-107, added R.S., sec. 2832; reen. R.C. & C.L., sec. 3063; C.S., sec. 5331; I.C.A., sec. 54-107.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 1 - PROPERTY AND OWNERSHIP — GENERAL PROVISIONS › Section 55-108 - INHERITANCE BY POSTHUMOUS CHILDREN.

55-108. INHERITANCE BY POSTHUMOUS CHILDREN. When a future interest is limited to successors, heirs, issue or children, posthumous children are entitled to take in the same manner as if living at the death of their parent.
History:
[55-108, added R.S., sec. 2833; reen. R.C. & C.L., sec. 3064; C.S., sec. 5332; I.C.A., sec. 54-108.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 1 - PROPERTY AND OWNERSHIP — GENERAL PROVISIONS › Section 55-109 - TRANSFER AND DEVOLUTION OF FUTURE INTERESTS.

55-109. TRANSFER AND DEVOLUTION OF FUTURE INTERESTS. Future interests pass by succession, will and transfer in the same manner as present interests.
History:
[(55-109) R.S., sec. 2834; reen. R.C. & C.L., sec. 3065; C.S., sec. 5333; I.C.A., sec. 54-109.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 1 - PROPERTY AND OWNERSHIP — GENERAL PROVISIONS › Section 55-110 - POSSIBILITIES.

55-110. POSSIBILITIES. A mere possibility, such as the expectancy of an heir apparent, is not to be deemed an interest of any kind.
History:
[(55-110) R.S., sec. 2835; reen. R.C. & C.L., sec. 3066; C.S., sec. 5334; I.C.A., sec. 54-110.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 1 - PROPERTY AND OWNERSHIP — GENERAL PROVISIONS › Section 55-111 - NO RULE AGAINST PERPETUITIES.

55-111. NO RULE AGAINST PERPETUITIES. There shall be no rule against perpetuities applicable to real or personal property.
History:
[(55-111) R.S., sec. 2836; reen. R.C. & C.L., sec. 3067; C.S., sec. 5335; I.C.A., sec. 54-111; am. 1957, ch. 54, sec. 1, p. 92; am. 2008, ch. 77, sec. 1, p. 204.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 1 - PROPERTY AND OWNERSHIP — GENERAL PROVISIONS › Section 55-111A - SUSPENSION OF POWER OF ALIENATION — FUTURE INTEREST BY POWER OF APPOINTMENT.

55-111A. SUSPENSION OF POWER OF ALIENATION — FUTURE INTEREST BY POWER OF APPOINTMENT. (1) The absolute power of alienation of property cannot be suspended by any limitation or condition whatever, for a longer permissible period than during the continuance of the lives of the persons in being at the creation of the limitation or condition, and twenty-five (25) years thereafter. No trust heretofore or hereafter created, either testamentary or inter vivos, shall be declared void, but shall be so construed as to eliminate parts violating the above provisions, and in such a way that the testators or trustors wishes are carried out to the greatest extent permitted by this section; and there shall be no presumption that a person is capable of having children at any stage of adult life.
(2) If a future interest or trust is created by exercise of a power of appointment, the permissible period is computed from the time the power is exercised if the power is a general power including a testamentary general power or from the time the power is created if the power is not a general power.
(3) Notwithstanding the provisions of subsection (1) of this section, there is no suspension of the power of alienation of property by a trust or by equitable interests under a trust if the trustee has power to sell, either express or implied, or if there is an unlimited power to terminate in one (1) or more persons in being.
(4) Furthermore, the provisions of subsection (1) of this section shall not limit transfers, outright or in trust, for charitable purposes or transfers to charitable entities.
History:
[55-111A, added 2008, ch. 77, sec. 2, p. 205.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 1 - PROPERTY AND OWNERSHIP — GENERAL PROVISIONS › Section 55-112 - FUTURE INTERESTS DEFEATED.

55-112. FUTURE INTERESTS DEFEATED. A future interest, depending on the contingency of the death of any person without successors, heirs, issue or children, is defeated by the birth of a posthumous child of such person capable of taking by succession.
History:
[(55-112) R.S., sec. 2837; reen. R.C. & C.L., sec. 3068; C.S., sec. 5336; I.C.A., sec. 54-112.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 1 - PROPERTY AND OWNERSHIP — GENERAL PROVISIONS › Section 55-113 - FUTURE INTERESTS NOT DEFEATED.

55-113. FUTURE INTERESTS NOT DEFEATED. No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger or otherwise.
History:
[(55-113) R.S., sec. 2838; reen. R.C. & C.L., sec. 3069; C.S., sec. 5337; I.C.A., sec. 54-113.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 1 - PROPERTY AND OWNERSHIP — GENERAL PROVISIONS › Section 55-114 - FUTURE INTERESTS NOT DEFEATED BY PREMATURE DETERMINATION OF PRECEDENT ESTATE.

55-114. FUTURE INTERESTS NOT DEFEATED BY PREMATURE DETERMINATION OF PRECEDENT ESTATE. No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency on which the future interest is limited to take effect; but should such contingency afterward happen, the future interest takes effect in the same manner and to the same extent as if the precedent interest had continued to the same period.
History:
[(55-114) R.S., sec. 2839; reen. R.C. & C.L., sec. 3070; C.S., sec. 5338; I.C.A., sec. 54-114.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 2 - ESTATES IN REAL PROPERTY › Section 55-201 - LIMITATION OF FUTURE ESTATES.

55-201. LIMITATION OF FUTURE ESTATES. A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate, or on the termination, by lapse of time or otherwise, of a precedent estate created at the same time.
History:
[(55-201) R.S., sec. 2850; reen. R.C. & C.L., sec. 3071; C.S., sec. 5339; I.C.A., sec. 54-201.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 2 - ESTATES IN REAL PROPERTY › Section 55-202 - SUCCESSIVE REMAINDERS IN FEE.

55-202. SUCCESSIVE REMAINDERS IN FEE. A contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited die under the age of twenty-one (21) years, or upon any other contingency by which the estate of such persons may be determined before they attain majority.
History:
[(55-202) R.S., sec. 2851; reen. R.C. & C.L., sec. 3072; C.S., sec. 5340; I.C.A., sec. 54-202.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 2 - ESTATES IN REAL PROPERTY › Section 55-203 - LIMITATION OF SUCCESSIVE LIFE ESTATES.

55-203. LIMITATION OF SUCCESSIVE LIFE ESTATES. Successive estates for life cannot be limited, except to persons in being at the creation thereof, and all life estates subsequent to those of persons in being are void; and upon the death of those persons the remainder, if valid in its creation, takes effect in the same manner as if no other life estate had been created.
History:
[(55-203) R.S., sec. 2852; reen. R.C. & C.L., sec. 3073; C.S., sec. 5341; I.C.A., sec. 54-203.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 2 - ESTATES IN REAL PROPERTY › Section 55-204 - REMAINDERS UPON SUCCESSIVE LIFE ESTATES.

55-204. REMAINDERS UPON SUCCESSIVE LIFE ESTATES. No remainder can be created upon successive estates for life, provided for in the preceding section, unless such remainder is in fee; nor can a remainder be created upon such estate in a term for years, unless it is for the whole residue of such term.
History:
[(55-204) R.S., sec. 2853; reen. R.C. & C.L., sec. 3074; C.S., sec. 5342; I.C.A., sec. 54-204.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 2 - ESTATES IN REAL PROPERTY › Section 55-205 - CONTINGENT REMAINDER.

55-205. CONTINGENT REMAINDER. A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder is to be deemed a conditional limitation.
History:
[(55-205) R.S., sec. 2854; reen. R.C. & C.L., sec. 3075; C.S., sec. 5343; I.C.A., sec. 54-205.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 2 - ESTATES IN REAL PROPERTY › Section 55-206 - RULE IN SHELLEY’S CASE ABOLISHED.

55-206. RULE IN SHELLEY’S CASE ABOLISHED. When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate, are the successors or heirs of the body of the owner for life, are entitled to take by virtue of the remainder, so limited to them, and not as mere successors of the owner for life.
History:
[(55-206) R.S., sec. 2855; reen. R.C. & C.L., sec. 3076; C.S., sec. 5344; I.C.A., sec. 54-206.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 2 - ESTATES IN REAL PROPERTY › Section 55-207 - POWER OF APPOINTMENT.

55-207. POWER OF APPOINTMENT. A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed.
History:
[(55-207) R.S., sec. 2856; reen. R.C. & C.L., sec. 3077; C.S., sec. 5345; I.C.A., sec. 54-207.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 2 - ESTATES IN REAL PROPERTY › Section 55-208 - TERMINATION OF TENANCY AT WILL.

55-208. TERMINATION OF TENANCY AT WILL. A tenancy or other estate at will, however created, may be terminated:
(1) By the landlord’s giving notice in writing to the tenant, in the manner prescribed by the code of civil procedure, to remove from the premises within a period of not less than one (1) month, to be specified in the notice; or
(2) By the tenant giving notice in writing to the landlord that the tenant will be vacating the premises, on a date as specified in the notice, but not less than one (1) month from the date of notice.
History:
[(55-208) R.S., sec. 2857; reen. R.C. & C.L., sec. 3078; C.S., sec. 5346; I.C.A., sec. 54-208; am. 2002, ch. 295, sec. 1, p. 848.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 2 - ESTATES IN REAL PROPERTY › Section 55-209 - TERMINATION OF TENANCY AT WILL — RIGHTS OF LANDLORD.

55-209. TERMINATION OF TENANCY AT WILL — RIGHTS OF LANDLORD. After such notice has been served, and the period specified by such notice has expired, but not before, the landlord may reenter, or proceed according to law to recover possession.
History:
[(55-209) R.S., sec. 2858; reen. R.C. & C.L., sec. 3079; C.S., sec. 5347; I.C.A., sec. 54-209.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 2 - ESTATES IN REAL PROPERTY › Section 55-210 - RIGHT OF REENTRY.

55-210. RIGHT OF REENTRY. Whenever the right of reentry is given to a grantor or a lessor in any grant or lease, or otherwise, such reentry may be made at any time after the right has accrued, upon three (3) days’ notice, as provided in the Code of Civil Procedure.
History:
[(55-210) R.S., sec. 2859; reen. R.C. & C.L., sec. 3080; C.S., sec. 5348; I.C.A., sec. 54-210.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 2 - ESTATES IN REAL PROPERTY › Section 55-211 - SUMMARY PROCEEDINGS — WHERE PROVIDED FOR.

55-211. SUMMARY PROCEEDINGS — WHERE PROVIDED FOR. Summary proceedings for obtaining possession of real property forcibly entered, or forcibly and unlawfully detained, are provided for in the Code of Civil Procedure.
History:
[(55-211) R.S., sec. 2860; reen. R.C. & C.L., sec. 3081; C.S., sec. 5349; I.C.A., sec. 54-211.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 2 - ESTATES IN REAL PROPERTY › Section 55-212 - ACTION FOR REAL PROPERTY — NOTICE UNNECESSARY.

55-212. ACTION FOR REAL PROPERTY — NOTICE UNNECESSARY. An action for the possession of real property, leased or granted, with a right of reentry, may be maintained at any time, in the district court, after the right to reenter has accrued, without notice.
History:
[(55-212) R.S., sec. 2861; reen. R.C. & C.L., sec. 3082; C.S., sec. 5350; I.C.A., sec. 54-212.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 3 - RIGHTS AND OBLIGATIONS OF OWNERS › Section 55-301 - RIGHTS OF GRANTEES AGAINST GRANTOR’S TENANTS.

55-301. RIGHTS OF GRANTEES AGAINST GRANTOR’S TENANTS. A person to whom any real property is transferred or devised, upon which rent has been reserved or to whom such rent is transferred, is entitled to the same remedies for recovery of rent, for nonperformance of any of the terms of the lease, or for any waste or cause of forfeiture, as his grantor or devisor might have had.
History:
[(55-301) R.S., sec. 2875; reen. R.C. & C.L., sec. 3083; C.S., sec. 5351; I.C.A., sec. 54-301.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 3 - RIGHTS AND OBLIGATIONS OF OWNERS › Section 55-302 - REMEDIES OF LESSOR AGAINST LESSEE’S ASSIGNEE.

55-302. REMEDIES OF LESSOR AGAINST LESSEE’S ASSIGNEE. Whatever remedies the lessor of any real property has against his immediate lessee for the breach of any agreement in the lease, or for recovery of the possession, he has against the assignees of the lessee, for any cause of action accruing while they are such assignees, except where the assignment is made by way of security for a loan, and is not accompanied by possession of the premises.
History:
[(55-302) R.S., sec. 2876; reen. R.C. & C.L., sec. 3084; C.S., sec. 5352; I.C.A., sec. 54-302.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 3 - RIGHTS AND OBLIGATIONS OF OWNERS › Section 55-303 - REMEDIES OF LESSEE AGAINST LESSOR’S ASSIGNEE.

55-303. REMEDIES OF LESSEE AGAINST LESSOR’S ASSIGNEE. Whatever remedies the lessee of any real property may have against his immediate lessor, for the breach of any agreement in the lease, he may have against the assigns of the lessor, and the assigns of the lessee may have against the lessor and his assigns, except upon covenants against encumbrances or relating to the title or possession of the premises.
History:
[(55-303) R.S., sec. 2877; reen. R.C. & C.L., sec. 3085; C.S., sec. 5353; I.C.A., sec. 54-303.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 3 - RIGHTS AND OBLIGATIONS OF OWNERS › Section 55-304 - RECOVERY OF RENT ON LEASE FOR LIFE.

55-304. RECOVERY OF RENT ON LEASE FOR LIFE. Rent due upon a lease for life may be recovered in the same manner as upon a lease for years.
History:
[(55-304) R.S., sec. 2878; reen. R.C. & C.L., sec. 3086; C.S., sec. 5354; I.C.A., sec. 54-304.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 3 - RIGHTS AND OBLIGATIONS OF OWNERS › Section 55-305 - RENT ON LEASE FOR LIFE — RECOVERY AFTER DEATH.

55-305. RENT ON LEASE FOR LIFE — RECOVERY AFTER DEATH. Rent dependent on the life of a person may be recovered after as well as before his death.
History:
[(55-305) R.S., sec. 2879; reen. R.C. & C.L., sec. 3087; C.S., sec. 5355; I.C.A., sec. 54-305.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 3 - RIGHTS AND OBLIGATIONS OF OWNERS › Section 55-306 - ACTION BY REVERSIONERS.

55-306. ACTION BY REVERSIONERS. A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and he has no interest in the property at the commencement of the action.
History:
[(55-306) R.S., sec. 2880; reen. R.C. & C.L., sec. 3088; C.S., sec. 5356; I.C.A., sec. 54-306.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 3 - RIGHTS AND OBLIGATIONS OF OWNERS › Section 55-307 - CHANGE IN TERMS OF LEASE — NOTICE.

55-307. CHANGE IN TERMS OF LEASE — NOTICE. (1) In all leases of lands or tenements, or of any interest therein from month to month, the landlord may, upon giving notice in writing at least fifteen (15) days before the expiration of the month, change the terms of the lease to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish, as a part of the lease, the terms, rent and conditions specified in the notice if the tenant shall continue to hold the premises after the expiration of the month.
(2) A local governmental unit shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential property. This provision does not impair the right of any local governmental unit to manage and control residential property in which the local governmental unit has a property interest.
(3) Notwithstanding subsection (1) of this section, in all leases of residential property, or of any interest therein, the landlord shall provide the tenant written notice of any increase in the amount of rent charged or of the landlord’s intention of nonrenewal of the lease at least thirty (30) days before:
(a) Such nonrenewal of the lease; or
(b) Such increase in the amount of rent charged is intended to take effect.
History:
[(55-307) R.S., sec. 2881; reen. R.C. & C.L., sec. 3089; C.S., sec. 5357; am. 1990, ch. 185, sec. 1, p. 414; am. 2020, ch. 254, sec. 1, p. 740.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 3 - RIGHTS AND OBLIGATIONS OF OWNERS › Section 55-308 - REMOVAL OF FIXTURES BY TENANT.

55-308. REMOVAL OF FIXTURES BY TENANT. A tenant may remove from the demised premises, any time during the continuance of his term, anything affixed thereto for the purposes of trade, manufacture, ornament or domestic use, if the removal can be effected without injury to the premises, unless the thing has, by the manner in which it is affixed, become an integral part of the premises.
History:
[(55-308) R.S., sec. 2882; reen. R.C. & C.L., sec. 3090; C.S., sec. 5358; I.C.A., sec. 54-308.]