reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1511 - PARTITION — SALE.

55-1511. PARTITION — SALE. (a) Where two (2) or more persons own condominiums in a project an action may be brought by one (1) or more of such persons for the partition of the interests comprising the project, as if the owners of all of the condominiums in such project were tenants in common in the entire project in the proportion provided for in the declaration, deeds, or plat or plats entered into with respect to such project, or, in the absence of such provision, in the same proportion as their interests in the common areas of such project; provided, however, that a partition shall be made only upon the showing that:
(1) Three (3) years after the damage to, or destruction or taking of, a material part of the project which renders the project unfit for the use to which it was put prior to such damage, destruction or taking, the project has not been rebuilt, repaired or replaced in a manner which substantially permits such use of the project, or
(2) Three-fourths (3/4) or more of the project has been destroyed, taken, or substantially damaged, and that persons entitled to cast fifty per cent (50%) of the votes to determine whether or not the project shall be repaired, restored or replaced are opposed to such repair, restoration or replacement, or
(3) More than fifty (50) years have elapsed since the first conveyance of a condominium in the project, and that the project is uneconomic or otherwise obsolete, and that persons entitled to cast fifty per cent (50%) of the votes to determine whether or not the project shall be repaired, restored or replaced are opposed to such repair, restoration or replacement, or
(4) That conditions for such a partition provided for in the deed, declaration, plat or plats entered into with respect to such project have been met, whether such conditions be more or less restrictive than the conditions set forth in this section.
(b) The entire project or a part thereof may be sold if it appears that a physical partition cannot be made without prejudice to the respective rights of the persons’ interests therein.
(c) Nothing herein shall be deemed to prevent partition of a condominium as between two (2) or more persons having interests therein.
History:
[55-1511, added 1965, ch. 225, sec. 11, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1512 - ACTIONS RELATING TO COMMON AREAS — PERSONS DESIGNATED TO RECEIVE PROCESS — NEW DESIGNATION FILED — SERVICE ON AUDITOR — COPY FROM AUDITOR TO MANAGEMENT BODY — APPLICATION OF CORPORATE LAW.

55-1512. ACTIONS RELATING TO COMMON AREAS — PERSONS DESIGNATED TO RECEIVE PROCESS — NEW DESIGNATION FILED — SERVICE ON AUDITOR — COPY FROM AUDITOR TO MANAGEMENT BODY — APPLICATION OF CORPORATE LAW. Except when a domestic corporation has been formed and designated in the declaration to serve as the management body to administer the project, at the time the declaration is recorded one (1) or more persons shall be designated to receive service of process in any action relating to the common areas and facilities. Such designation shall be filed with the county auditor in the county in which the project is located together with an acknowledgment in writing of acceptance of such designation by the person so designated. The person so designated shall be a resident of the state of Idaho, and service upon such person shall be the exclusive method of service in any action relating to the common areas and facilities. Upon termination of such person’s capacity or authority to receive service, a new designation shall be made by the management body of the project, and such designation shall be filed with the county auditor in the county in which the project is located together with an acknowledgment in writing of acceptance of such designation by the person so designated. Upon failure to so designate a person to receive service of process and to file such designation and acceptance of such designation, service may be made upon the county auditor with like effect as though said service were made upon a person designated, and it shall be the duty of the county auditor to forward a copy of such summons served on him by registered mail to the management body of the project at the address or location last known, but no failure on the part of the county auditor to mail such copy of summons shall affect the validity of the service thereof. When a corporate organization is formed and designated as the management body, service of process on the corporation shall be as permitted by law, and the Idaho rules of civil procedure.
History:
[55-1512, added 1965, ch. 225, sec. 12, p. 515; am. 2005, ch. 110, sec. 1, p. 362.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1513 - ACTIONS BY MANAGEMENT ON BEHALF OF TWO OR MORE OWNERS.

55-1513. ACTIONS BY MANAGEMENT ON BEHALF OF TWO OR MORE OWNERS. Without limiting the rights of any condominium owner, actions may be brought by the management body on behalf of two (2) or more of the condominium owners with respect to any cause of action relating to the common areas or more than one (1) unit.
History:
[55-1513, added 1965, ch. 225, sec. 13, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1514 - SEPARATE TAXATION — LIEN — TAX DEED.

55-1514. SEPARATE TAXATION — LIEN — TAX DEED. Notwithstanding any contrary or inconsistent provision of the Idaho Code or of this act, property taxes, assessments, special assessments, and all special taxes or charges of the state of Idaho or of any political subdivision thereof, or other lawful taxing or assessing body, which are authorized by law to be assessed against or levied upon real or personal property shall be assessed against and levied upon each condominium and not upon the group of condominiums as a whole, and such tax, assessment or charge on each such condominium shall constitute a lien solely thereon.
A person acquiring or entitled to the issuance of a tax deed conveying the interest of any condominium owner, shall acquire only an interest subject to such provisions of this act as may be applicable, and subject to all lawful terms, provisions, covenants, conditions, and limitations which may apply thereto and appear in any recorded declaration, plat, deed or by-laws then in force and affecting such interest.
History:
[55-1514, added 1965, ch. 225, sec. 14, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1515 - OWNERS PROPORTIONATELY LIABLE FOR COMMON AREAS — REMAINING BALANCE NOT PREJUDICED BY SETTLEMENT — INDEMNIFICATION.

55-1515. OWNERS PROPORTIONATELY LIABLE FOR COMMON AREAS — REMAINING BALANCE NOT PREJUDICED BY SETTLEMENT — INDEMNIFICATION. Each condominium owner’s liability for claims, judgments or awards arising out of or in connection with the ownership, use, operation or management of the common areas, is limited to a proportionate sum which equals the amount of any such claim, judgment or award multiplied by the percentage interest in the common areas allocated to such ownership by the declaration as provided in section 55-1505(1)(c). In any suit to establish liability for claims, judgments or awards arising out of or in connection with the ownership, use, operation or management of the common areas there shall be introduced no evidence as to the percentage interest in the common area of any condominium owner until and unless such fact becomes material and liability is fixed by judgment or agreed upon in writing signed by all affected parties to the litigation and filed with the court. Any condominium owner may compromise or settle his portion of any such claim without prejudice to the remaining balance thereof and without the same constituting evidence or an admission for or against any such claimant.
The provisions of this section shall not alter or affect the respective rights and obligations of condominium owners to or between one another to the extent that one or more may have any legal right arising from contract, statute, or the common law to be wholly or partially indemnified by one or more other persons who are likewise owners of condominiums within the same said project.
History:
[55-1515, added 1965, ch. 225, sec. 15, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1516 - LIABILITY OF UNIT OWNERS, TENANTS, EMPLOYEES — DUTIES AND POWERS OF OWNERS.

55-1516. LIABILITY OF UNIT OWNERS, TENANTS, EMPLOYEES — DUTIES AND POWERS OF OWNERS. All condominium owners, tenants of such owners, employees of owners and tenants, or any other persons that may in any manner use property or any part thereof submitted to the provisions of this act shall be subject to this act and to the declaration and by-laws of the project adopted pursuant to the provisions of this act.
All agreements, decisions and determinations lawfully made by the management body shall be deemed to be binding on all condominium owners and shall inure to the benefit of all such owners.
Each condominium owner and any group of owners shall have standing and authority, unless otherwise provided, to enforce the provisions of the declaration and any recorded by-laws of the project.
History:
[55-1516, added 1965, ch. 225, sec. 16, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1517 - INSURANCE OF INDIVIDUAL UNITS BY MANAGEMENT BODY.

55-1517. INSURANCE OF INDIVIDUAL UNITS BY MANAGEMENT BODY. The management body, if required by the declaration, by-laws or otherwise, or at the request of a mortgagee or a beneficiary of a deed of trust having a first mortgage or first deed of trust of record covering a unit or any part of the project, shall have the authority and an insurable interest to insure the project or any portion thereof against loss or damage by fire or other hazard or casualty. Such insurance coverage may be written in the name of the management body, as trustee for each of the condominium owners in the percentages established in the declaration or as otherwise provided in the declaration or provided by the management body, and premiums may be treated as common expenses. Provision for such insurance shall be without prejudice to the right of each condominium owner to insure his own unit for his own benefit. This provision shall not be construed to limit the power of such body to secure and maintain other insurance coverage or to treat the cost thereof as a common expense.
History:
[55-1517, added 1965, ch. 225, sec. 17, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1518 - ASSESSMENT AND OTHER CHARGES A LIEN — NOTICE RECORDED — PAYMENT AND RELEASE — PRIORITY OF LIENS — EXPIRATION — EXTENSION — ENFORCEMENT BY SALE — PURCHASE BY MANAGEMENT BODY.

55-1518. ASSESSMENT AND OTHER CHARGES A LIEN — NOTICE RECORDED — PAYMENT AND RELEASE — PRIORITY OF LIENS — EXPIRATION — EXTENSION — ENFORCEMENT BY SALE — PURCHASE BY MANAGEMENT BODY. An assessment upon any condominium made in accordance with the declaration, any recorded by-laws, or any duly promulgated project regulation, shall be a debt of the owner thereof at the time the assessment is made. The amount of any such assessment, together with those other charges thereon, such as interest, costs (including attorney’s fees), and penalties, which may be provided for in the declaration, shall be and become a lien upon the condominium assessed when the management body causes to be recorded with the county recorder of the county in which such condominium is located a notice of assessment, which shall state the amount of such assessment and such other charges thereon as may be authorized by the declaration, a description of the condominium against which the same has been assessed, and the name of the record owner thereof. Such notice shall be signed by an authorized representative of the management body or as otherwise provided in the declaration. Upon payment of said assessment and charges in connection with which such notice has been so recorded, or other satisfaction thereof, the management body shall cause to be recorded a further notice stating the satisfaction and the release of the lien thereof.
Such lien shall be prior to all other liens filed or recorded subsequent to the recordation of said notice of assessment except that the declaration may provide for the subordination thereof to other liens either generally or specifically described and except further that labor or materialmen’s liens arising under the law of Idaho and timely and duly filed shall have priority if the date fixed by statute for such lien to arise is prior to recording as provided in this section. Unless sooner satisfied and released or the enforcement thereof initiated as hereafter provided such lien shall expire and be of no further force or effect one (1) year from the date of recordation of said notice of assessment; provided, however, that said one-year period may be extended by the management body for not to exceed one (1) additional year by recording a written extension thereof.
Such lien may be enforced by sale by the management body, its attorney or other person authorized to make the sale, after failure of the owner to pay such an assessment in accordance with its terms, such sale to be conducted in the manner permitted by law for the exercise of powers of sale in deeds of trust or any other manner permitted by law. Unless otherwise provided in the declaration the management body shall have the power to purchase the condominium at foreclosure sale and to hold, lease, encumber and convey the same.
History:
[55-1518, added 1965, ch. 225, sec. 18, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1519 - LIENS FOR LABOR, SERVICES OR MATERIALS — EXPRESS CONSENT — EMERGENCY REPAIRS — PROPORTIONATE PAYMENT FOR REMOVAL OF LIEN.

55-1519. LIENS FOR LABOR, SERVICES OR MATERIALS — EXPRESS CONSENT — EMERGENCY REPAIRS — PROPORTIONATE PAYMENT FOR REMOVAL OF LIEN. No labor performed or services or materials furnished with the consent of or at the request of a condominium owner or his agent or his contractor or subcontractor shall be the basis for the filing of a lien against the condominium of any other condominium owner, or against any part thereof, or against any other property of any other condominium owner, unless such other owner has expressly consented to or requested the performance of such labor or furnishing of such materials or services. Such express consent shall be deemed to have been given by the owner of any condominium in the case of emergency repairs thereto. Labor performed or services or materials furnished for the project, if duly authorized by the management body, shall be deemed to be performed or furnished with the express consent of each condominium owner. The owner of any condominium may remove his condominium from a lien against two (2) or more condominiums or any part thereof by payment to the holder of the lien of the fraction of the total sum secured by such lien which is attributable to his condominium.
History:
[55-1519, added 1965, ch. 225, sec. 19, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1520 - PERSONAL PROPERTY ACQUIRED, HELD AND DISPOSED OF BY MANAGEMENT BODY — BENEFICIAL INTEREST PROPORTIONATE — TRANSFER.

55-1520. PERSONAL PROPERTY ACQUIRED, HELD AND DISPOSED OF BY MANAGEMENT BODY — BENEFICIAL INTEREST PROPORTIONATE — TRANSFER. Unless otherwise provided for in a declaration recorded pursuant to section 55-1505, a management body may acquire and hold, for the benefit of the condominium owners, tangible and intangible personal property and may dispose of the same by sale or otherwise; the beneficial interest in such personal property shall be owned by the condominium owners in the same proportion as their respective interests in the common areas, and shall not be transferable by such owners except with a transfer of a condominium. A transfer of a condominium shall transfer to the transferee ownership of the transferor’s beneficial interest in such personal property.
History:
[55-1520, added 1965, ch. 225, sec. 20, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1521 - LIBERAL CONSTRUCTION OF DEEDS, DECLARATIONS OR PLANS FOR CONDOMINIUM PROJECTS.

55-1521. LIBERAL CONSTRUCTION OF DEEDS, DECLARATIONS OR PLANS FOR CONDOMINIUM PROJECTS. Any deed, declaration or plan for a condominium project shall be liberally construed to facilitate the operation of the project, and provisions thereof shall be presumed to be independent and severable.
History:
[55-1521, added 1965, ch. 225, sec. 21, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1522 - RULE AGAINST PERPETUITIES AND UNREASONABLE RESTRAINTS ON ALIENATION INAPPLICABLE.

55-1522. RULE AGAINST PERPETUITIES AND UNREASONABLE RESTRAINTS ON ALIENATION INAPPLICABLE. It is expressly provided that the rule of property known as the rule against perpetuities and the rule of property known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any of the provisions of this act or any condition, conveyance or inheritance consistent herewith.
History:
[55-1522, added 1965, ch. 225, sec. 22, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1523 - REFUSAL TO APPROVE PROJECT OR RECORD PLAT FORBIDDEN.

55-1523. REFUSAL TO APPROVE PROJECT OR RECORD PLAT FORBIDDEN. No city council, board of trustees, or other governing body of the county, town, village or city in which a project is created pursuant to this act shall have the right to refuse acceptance or approval of nor may any county refuse for recordation a plat or plats prepared pursuant to this act solely because a project is or condominiums are thereby created.
History:
[55-1523, added 1965, ch. 225, sec. 23, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1524 - APPLICATION OF LOCAL ZONING ORDINANCES.

55-1524. APPLICATION OF LOCAL ZONING ORDINANCES. Unless a contrary intent is clearly expressed in local zoning ordinances, such ordinances shall be construed to treat like structures, lots, or parcels in like manner regardless of whether the ownership thereof is divided by sale of condominiums created in a project pursuant to this act, rather than by the lease or other disposition of such structures, lots or parcels on any part or parts thereof.
History:
[55-1524, added 1965, ch. 225, sec. 24, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1525 - “BLUE SKY LAW” INAPPLICABLE.

55-1525. "BLUE SKY LAW" INAPPLICABLE. The provisions of title 26, chapter 18, Idaho Code, shall not apply to the creation, issuance, sale, offer for sale, solicitation of an offer to buy, conveyance, transfer, or other disposition, or encumbrance or other hypothecation, or management, of condominiums or projects created pursuant to this act, or of evidences of membership in or ownership of or stock in any entity created solely to manage the affairs of a project, or to the negotiation or taking of subscriptions in respect of any of the foregoing.
History:
[55-1525, added 1965, ch. 225, sec. 25, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1526 - LEGAL DESCRIPTION THAT DESIGNATED ON PLAT OR IN DECLARATION.

55-1526. LEGAL DESCRIPTION THAT DESIGNATED ON PLAT OR IN DECLARATION. Every deed, contract of sale, lease, mortgage or other instrument may legally describe a condominium by its identifying number, symbol, name or other identification or designation as shown on the plat of record or as shown in the declaration, and every such description shall be deemed good and sufficient for all purposes.
History:
[55-1526, added 1965, ch. 225, sec. 26, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1527 - ZONING LAWS APPLIED WHERE NOT INCONSISTENT.

55-1527. ZONING LAWS APPLIED WHERE NOT INCONSISTENT. Except where inconsistent with the provisions or purposes of this act, state and local laws relating to plats, recording, subdivisions or zoning shall apply to condominiums and to projects as herein defined.
History:
[55-1527, added 1965, ch. 225, sec. 27, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1528 - STATEMENT OF ACCOUNT — DISCLOSURE OF FEES.

55-1528. STATEMENT OF ACCOUNT — DISCLOSURE OF FEES. (1) A management body or its agent shall provide a unit owner and the owner’s agent, if any, a statement of the unit owner’s account not more than five (5) business days after receipt of a request by the unit owner or the unit owner’s agent received by the management body, the management body’s manager, president, board member, or other agent, or any combination thereof. The statement of account shall include, at a minimum, the amount of annual charges against the unit, the date when said amounts are due, and any unpaid assessments or other charges due and owing from such owner at the time of the request. The management body shall be bound by the amounts set forth within such statement of account. Charging a fee for any statement of the unit owner’s account required by this section is a violation of the Idaho consumer protection act, chapter 6, title 48, Idaho Code.
(2) On or before January 1 of each year, a management body or its agent shall provide unit owners a disclosure of fees that will be charged to a unit owner in connection with any transfer of ownership of a unit. Fees imposed by a management body for the calendar year following the disclosure of fees shall not exceed the amount set forth on the annual disclosure, and no surcharge or additional fees shall be charged to any unit owner in connection with any transfer of ownership of the unit.
History:
[55-1528, added 2018, ch. 205, sec. 3, p. 458; am. 2023, ch. 247, sec. 1, p. 763.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 16 - CORNER PERPETUATION AND FILING › Section 55-1601 - SHORT TITLE.

55-1601. SHORT TITLE. This chapter may be cited as the "Corner Perpetuation and Filing Law."
History:
[55-1601, added 1967, ch. 215, sec. 1, p. 647; am. 1993, ch. 206, sec. 1, p. 564.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 16 - CORNER PERPETUATION AND FILING › Section 55-1602 - DECLARATION OF POLICY.

55-1602. DECLARATION OF POLICY. It is the purpose of this chapter to protect and perpetuate public land survey corners and information concerning the location of such corners by requiring the systematic establishment of monuments and filing of information concerning the marking of the location of such public land survey corners and to allow the systematic location of other property corners, thereby providing for property security and a coherent system of property location and identification; and thereby eliminating the repeated necessity for reestablishment and relocations of such corners once they are established and located.
History:
[55-1602, added 1967, ch. 215, sec. 2, p. 647; am. 1993, ch. 206, sec. 2, p. 564.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 16 - CORNER PERPETUATION AND FILING › Section 55-1603 - DEFINITIONS.

55-1603. DEFINITIONS. Except where the context indicates a different meaning, terms used in this chapter shall be defined as follows:
(1) "Accessory to a corner" means any exclusively identifiable physical object whose spatial relationship to the corner is recorded. Accessories may be bearing trees, bearing objects, monuments, reference points, line trees, pits, mounds, charcoal-filled bottles, steel or wooden stakes, or other objects.
(2) "Benchmark" means a material object, natural or artificial, whose elevation is referenced to an adopted datum.
(3) "Board" means the board of licensure of professional engineers and professional land surveyors.
(4) "Control survey" means a survey that provides horizontal or vertical position data for the support or control of subordinate surveys or for mapping.
(5) "Corner," unless otherwise defined, means a property corner, or a property controlling corner, or a public land survey corner, or any combination of these.
(6) "Establish" means to determine the position of a corner either physically or mathematically.
(7) "Monument" means a physical structure intended to mark, reference, or witness a line, corner, or position.
(8) "Professional land surveyor" means any person who is authorized by the laws of this state to practice land surveying.
(9) "Property controlling corner" for a property means a public land survey corner, property corner, reference point or witness corner that controls the location of one (1) or more of the property corners of the property in question.
(10) "Property corner" means a geographic point on the surface of the earth and is on, a part of, and controls a property line.
(11) "Public land survey corner" means any point actually established and monumented in an original survey or resurvey that determines the boundaries of remaining public lands, or public lands patented, represented on an official plat and in the field notes thereof, accepted and approved under authority delegated by congress to the U.S. general land office (GLO) and the U.S. department of interior, bureau of land management. This excludes GLO-surveyed townsite lot corners, except those marking exterior angle points or block corners within the townsite.
(12) "Reference point" means a special monumented point that does not occupy the same geographical position as the corner itself, and where the spatial relationship to the corner is recorded, and which serves to locate the corner.
(13) "Witness corner" means a monumented point on a lot line or boundary line of a survey, near a corner, and established in situations where it is impracticable to occupy or monument the corner.
History:
[55-1603, added 1967, ch. 215, sec. 3, p. 647; am. 1993, ch. 206, sec. 3, p. 565; am. 1997, ch. 190, sec. 13, p. 526; am. 2008, ch. 378, sec. 27, p. 1046; am. 2011, ch. 136, sec. 13, p. 391; am. 2020, ch. 127, sec. 11, p. 403; am. 2022, ch. 43, sec. 6, p. 120.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 16 - CORNER PERPETUATION AND FILING › Section 55-1604 - FILING REQUIREMENTS.

55-1604. FILING REQUIREMENTS. A professional land surveyor shall complete, sign, and file with the county clerk and recorder of the county where the corner is situated a written record of the establishment, reestablishment, or rehabilitation of a corner monument and its accessories. This record shall be known as a "corner record" and such a filing shall be made for every public land survey corner, center one-quarter (1/4) corner, corners used as ties as described in section 50-1304(2)(g) or 55-1906(5), Idaho Code, and accessory to such corner established, reestablished, monumented, remonumented, rehabilitated, perpetuated or used as control in any survey. The survey information shall be filed within ninety (90) days after the survey is completed, unless the corner and its accessories are substantially as described in an existing corner record filed in accordance with the provisions of this chapter.
In lieu of filing as heretofore provided, corner records may be recorded electronically in those counties that have such facilities.
History:
[55-1604, added 1967, ch. 215, sec. 4, p. 647; am. 1972, ch. 162, sec. 1, p. 363; am. 1993, ch. 206, sec. 4, p. 565; am. 2020, ch. 127, sec. 12, p. 404; am. 2022, ch. 43, sec. 7, p. 121.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 16 - CORNER PERPETUATION AND FILING › Section 55-1605 - FILING OR RECORDING.

55-1605. FILING OR RECORDING. A professional land surveyor may file or record any corner record as to any property controlling corner or accessory to a corner.
History:
[55-1605, added 1967, ch. 215, sec. 5, p. 647; am. 1972, ch. 162, sec. 2, p. 363; am. 1993, ch. 206, sec. 5, p. 566; am. 2011, ch. 136, sec. 14, p. 392.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 16 - CORNER PERPETUATION AND FILING › Section 55-1606 - FILING OR RECORDING INFORMATION.

55-1606. FILING OR RECORDING INFORMATION. The board shall, by regulation, provide and prescribe the information which shall be necessary to be included in the corner record and the board shall prescribe the form in which such corner record shall be presented and filed or recorded.
History:
[55-1606, added 1967, ch. 215, sec. 6, p. 647; am. 1972, ch. 162, sec. 3, p. 363.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 16 - CORNER PERPETUATION AND FILING › Section 55-1607 - COUNTY CLERK TO KEEP RECORD — FEES.

55-1607. COUNTY CLERK TO KEEP RECORD — FEES. (a) The county clerk and recorder of the county containing the corner shall receive the completed corner record and preserve it in the same manner as any other recorded instruments. Proper indexes shall be kept of such corner records by section, township and range.
(b) The county clerk and recorder shall make these records available for public inspection during all usual office hours.
(c) For purposes of determining the filing fee hereunder, the corner record shall be considered as a similar service to the filing or recording of instruments as provided in section 31-3205, Idaho Code.
History:
[55-1607, added 1967, ch. 215, sec. 7, p. 647; am. 1972, ch. 162, sec. 4, p. 363; am. 1993, ch. 206, sec. 6, p. 566; am. 1997, ch. 190, sec. 14, p. 527; am. 2020, ch. 127, sec. 13, p. 404.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 16 - CORNER PERPETUATION AND FILING › Section 55-1608 - PROFESSIONAL LAND SURVEYOR TO ESTABLISH OR REHABILITATE MONUMENTS.

55-1608. PROFESSIONAL LAND SURVEYOR TO ESTABLISH OR REHABILITATE MONUMENTS. (1) In every case where a corner record of a survey corner is required to be filed or recorded under the provisions of this chapter, the professional land surveyor must rehabilitate or remonument any corner in accordance with subsection (2) of this section. Where the corner position is monumented with a stable, permanent, substantial, accessible, magnetically detectable, and uniquely identifiable monument, a new monument will not be required. The professional land surveyor must also recover, establish, or rehabilitate a minimum of three (3) accessories to such corner where practicable. Where the professional land surveyor determines accessories are impracticable, an explanation shall be included on the corner record.
(2) Any monument set shall conform to the provisions of section 54-1227, Idaho Code, and shall be surmounted with a cap of such material and size that can be permanently and legibly marked as prescribed by the manual of surveying instructions issued by the United States department of the interior, bureau of land management, including the license number of the professional land surveyor responsible for placing the monument. Monuments shall be marked such that measurements between them may be made to the nearest one-tenth (0.1) foot. If the monument is set by a public officer, it shall be marked by an appropriate official designation. Where it is impracticable to monument a corner due to situations beyond the professional land surveyor’s control, reference points or a witness corner shall be recovered or established. The professional land surveyor must also document the reason the monument cannot be set, the method of establishing the corner location, and the presence of any found or set reference point or witness corner on his corner record and record of survey or plat.
(3) Where closing corners that are not on or controlling for the line closed upon were set in any government survey authorized by the congress of the United States and the true point of intersection of the pertinent lines is controlling in a survey, resurvey, or subdivision of a section, the true point of intersection shall be monumented with a monument conforming to subsection (2) of this section. Any professional land surveyor establishing such a monument shall prepare and file a corner record for the true point of intersection monument, including any evidence related to and the pedigree of the original closing corner. If found, the original closing corner monument position must be remonumented as an amended monument in accordance with subsection (2) of this section.
History:
[55-1608, added 1967, ch. 215, sec. 8, p. 647; am. 1972, ch. 162, sec. 5, p. 363, am. 1978, ch. 107, sec. 2, p. 224; am. 1993, ch. 206, sec. 7, p. 566; am. 2008, ch. 378, sec. 28, p. 1047; am. 2011, ch. 136, sec. 15, p. 392; am. 2020, ch. 127, sec. 14, p. 404.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 16 - CORNER PERPETUATION AND FILING › Section 55-1609 - TO BE SIGNED BY PROFESSIONAL LAND SURVEYOR OR GOVERNMENT AGENT.

55-1609. TO BE SIGNED BY PROFESSIONAL LAND SURVEYOR OR GOVERNMENT AGENT. No corner record shall be filed or recorded unless the same is signed by a professional land surveyor as defined herein, or, in the case of an agency of the United States government, the certificate may be signed by the survey party chief making the survey.
History:
[55-1609, added 1967, ch. 215, sec. 9, p. 647; am. 1972, ch. 162, sec. 6, p. 363; am. 1993, ch. 206, sec. 8, p. 567.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 16 - CORNER PERPETUATION AND FILING › Section 55-1611 - FEDERAL GOVERNMENT FILINGS WITHOUT FEES.

55-1611. FEDERAL GOVERNMENT FILINGS WITHOUT FEES. All federal government surveys performed by authorized personnel of agencies of the federal government shall not be subject to the provisions of this chapter, except that federal agencies may comply with the provisions of the chapter, and shall be exempt from filing fees required in section 55-1607(c), Idaho Code.
History:
[55-1611, added 1967, ch. 215, sec. 11, p. 647; am. 1993, ch. 206, sec. 10, p. 567.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 16 - CORNER PERPETUATION AND FILING › Section 55-1612 - PENALTY.

55-1612. PENALTY. Professional land surveyors failing to comply with the provisions hereof shall be deemed to be within the purview of section 54-1220, Idaho Code, and shall be subject to disciplinary action as in said section provided.
History:
[55-1612, added 1967, ch. 215, sec. 12, p. 647; am. 1989, ch. 103, sec. 1, p. 236; am. 1993, ch. 206, sec. 11, p. 567; am. 1997, ch. 190, sec. 15, p. 528; am. 2008, ch. 378, sec. 29, p. 1047.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 16 - CORNER PERPETUATION AND FILING › Section 55-1613 - MONUMENTS DISTURBED BY CONSTRUCTION ACTIVITIES — PROCEDURE — REQUIREMENTS.

55-1613. MONUMENTS DISTURBED BY CONSTRUCTION ACTIVITIES — PROCEDURE — REQUIREMENTS. The physical existence and location of the monuments of property controlling corners and accessories to corners, as well as benchmarks established and points set in control surveys by agencies of the United States government or the state of Idaho, shall be determined by a field search and location survey conducted by or under the direction of a professional land surveyor prior to the time when project construction or related activities may disturb them. Construction documents or plans prepared by professional engineers shall show the existence and location of all such monuments, accessories to corners, benchmarks and points set in control surveys. All monuments, accessories to corners, benchmarks and points set in control surveys that are lost or disturbed by construction shall be reestablished and remonumented, at the expense of the agency or person causing their loss or disturbance, at their original location or by the setting of a witness corner or reference point or a replacement benchmark or control point, by or under the direction of a professional land surveyor. Professional engineers who prepare construction documents or plans that do not indicate the existence and location of all such monuments, accessories to corners and benchmarks and points set in control surveys by agencies of the United States government or the state of Idaho shall be deemed to be within the purview of and subject to disciplinary action as provided in section 54-1220, Idaho Code.
History:
[55-1613, added 1978, ch. 107, sec. 3, p. 224; am. 1993, ch. 206, sec. 12, p. 567; am. 1997, ch. 190, sec. 16, p. 528; am. 2008, ch. 378, sec. 30, p. 1047; am. 2011, ch. 136, sec. 16, p. 393.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 17 - COORDINATE SYSTEM OF LAND DESCRIPTION › Section 55-1701 - DEFINITIONS.

55-1701. DEFINITIONS. The following definitions shall apply to terms used in this chapter:
(1) "Board" means the Idaho board of licensure of professional engineers and professional land surveyors.
(2) "Idaho plane coordinate system" or "IPCS" means the system, and any successor system, of map projections specific to the state of Idaho maintained by NGS.
(3) "Idaho transverse mercator" or "IDTM" means the statewide mapping projection, and any successor system, specific to the state of Idaho maintained by the NGS.
(4) "Identifying information" means the datum, adjustment, epoch, coordinate system, zone, and unit of a plane coordinate system.
(5) "National geodetic survey" or "NGS" means the federal agency, and any successor agency, that defines and manages the NSRS.
(6) "National spatial reference system" or "NSRS" means the consistent coordinate system, and any successor system, defining latitude, longitude, height, scale, gravity, orientation, and shoreline throughout the United States.
(7) "State plane coordinate system" or "SPCS" means the nationwide system, and any successor system, of map projections maintained by NGS.
History:
[55-1701, added 2021, ch. 174, sec. 3, p. 484.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 17 - COORDINATE SYSTEM OF LAND DESCRIPTION › Section 55-1702 - IDAHO PLANE COORDINATE SYSTEM.

55-1702. IDAHO PLANE COORDINATE SYSTEM. (1) The board shall, by rule, provide and prescribe the information that defines the currently accepted system of plane coordinates of the IPCS.
(2) The most recent system of plane coordinates that has been established by the NGS based on the NSRS, adopted by the board, and designated as the SPCS for defining and stating the positions or locations of points within the state of Idaho shall be known as the "Idaho plane coordinate system."
(3) Coordinates established or determined under previously defined systems may be used, provided identifying information is included in the document containing the coordinates.
(4) Coordinates derived by transformation from a prior system of plane coordinates shall be qualified as such in the document containing the coordinates. Such document shall also provide:
(a) Identifying information of the prior system and the system translated to, together with a statement of the method of translation;
(b) The type of transformation and parameters used and identifying information of the system translated to; or
(c) Other metadata sufficient to translate coordinates between the original and destination systems.
History:
[55-1702, added 2021, ch. 174, sec. 5, p. 484.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 17 - COORDINATE SYSTEM OF LAND DESCRIPTION › Section 55-1703 - PLANE COORDINATES.

55-1703. PLANE COORDINATES. (1) The plane coordinates to be used in expressing the position or location of a point in the appropriate zone of the IPCS shall consist of two (2) distances expressed in the units of measure used by the NGS at the time the SPCS is published. The east x-coordinate shall give the distance east of the y-axis, and the north y-coordinate shall give the distance north of the x-axis. The y-axis of any zone shall be parallel with the central meridian of that zone. The x-axis of any zone shall be at right angles to the central meridian of that zone.
(2) The coordinates described in subsection (1) of this section shall be made to depend upon and conform to the most recent system of plane coordinates, known as the SPCS and based upon the NSRS as maintained and provided by the NGS or its successors, provided such system has been adopted by administrative rule by the board.
History:
[55-1703, added 2021, ch. 174, sec. 7, p. 485.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 17 - COORDINATE SYSTEM OF LAND DESCRIPTION › Section 55-1704 - ZONE NAMING AND DOCUMENTS REPORTING COORDINATES WITHIN ZONES.

55-1704. ZONE NAMING AND DOCUMENTS REPORTING COORDINATES WITHIN MULTIPLE ZONES. Any document containing coordinates of the IPCS will include, at a minimum, the datum, adjustment, epoch, and zone names as defined by the NGS. When any document reports coordinates of points that lie within multiple coordinate zones, the coordinates of all points shall refer to one (1) of the zones, which shall be named in the document.
History:
[55-1704, added 1967, ch. 275, sec. 4, p. 771; am. 2010, ch. 256, sec. 6, p. 652; am. 2021, ch. 174, sec. 8, p. 485.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 17 - COORDINATE SYSTEM OF LAND DESCRIPTION › Section 55-1705 - STATED OR IMPLIED ACCURACY.

55-1705. STATED OR IMPLIED ACCURACY. The accuracy of coordinates shall be as stated in the document containing the coordinates. The expression of coordinates to decimals of the units used may not be construed as a statement of expected accuracy or reliability, unless so stated in the document containing the coordinates. Statements of accuracy must be defined as relative, absolute, or both.
History:
[55-1705, added 2021, ch. 174, sec. 10, p. 485.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 17 - COORDINATE SYSTEM OF LAND DESCRIPTION › Section 55-1706 - GEODETIC COORDINATES.

55-1706. GEODETIC COORDINATES. The official geodetic datums to which geodetic coordinates, including but not limited to latitude, longitude, ellipsoid height or orthometric height, are referenced within the state of Idaho shall be those defined by the NGS.
History:
[55-1706, added 2021, ch. 174, sec. 11, p. 485.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 17 - COORDINATE SYSTEM OF LAND DESCRIPTION › Section 55-1707 - NONAUTHORITATIVE PLANE OR GEOGRAPHIC COORDINATES.

55-1707. NONAUTHORITATIVE PLANE OR GEOGRAPHIC COORDINATES. The provisions of this chapter shall not be construed to prohibit the appropriate use of coordinates from nonauthoritative sources or coordinates based on alternative datums and geodetic reference networks. However, such coordinates shall be clearly identified as nonauthoritative or alternative to the IPCS and documented in such a way so as not to be confused with coordinates of the IPCS. Nonauthoritative and alternative coordinates shall not be used to define regulatory boundaries or rights in real property. The board may adopt rules to define appropriate use of such coordinates.
History:
[55-1707, added 2021, ch. 174, sec. 12, p. 485.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 17 - COORDINATE SYSTEM OF LAND DESCRIPTION › Section 55-1708 - SUPPLEMENTAL COORDINATE DESCRIPTIONS.

55-1708. SUPPLEMENTAL COORDINATE DESCRIPTIONS. (1) Whenever coordinates based on the IPCS are used to describe any boundary or right in real property, which in the same document or another document of record is also described by reference to any subdivision, line, or corner of the United States public land surveys or the lines or corners of a recorded subdivision, the description by coordinates shall be construed as supplemental to the basic description of such subdivision, line, or corner contained in the official plats and field notes of the United States public land surveys filed of record or in a recorded subdivision plat. In the event of any conflict, a description by reference to the subdivisions, lines, or corners of the United States public land surveys or lines and corners of a recorded subdivision shall prevail over any description by coordinates, unless said coordinates are upheld by adjudication, in which case the coordinate description shall prevail.
(2) Every recorded map, survey, plat, conveyance, or other instrument affecting title to or rights in real property that delineates, describes, or refers to such property or any part thereof by reference to coordinates based upon the IPCS shall also describe the property by reference and tie to public land survey corners as defined in section 55-1603(11), Idaho Code, unless such property is within a recorded subdivision, in which case the property may be described by reference and tie to lines and corners within such subdivision.
History:
[55-1708, added 2021, ch. 174, sec. 14, p. 486.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 17 - COORDINATE SYSTEM OF LAND DESCRIPTION › Section 55-1709 - DESCRIPTION BY COORDINATE NOT MANDATORY.

55-1709. DESCRIPTION BY COORDINATE NOT MANDATORY. Nothing contained in this chapter shall require any lessee, purchaser, or mortgagee of real property or any right in real property to rely wholly on a land description, any part of which depends exclusively upon coordinates of the IPCS.
History:
[55-1709, added 1967, ch. 275, sec. 9, p. 771; am. 1995, ch. 70, sec. 8, p. 183; am. 2021, ch. 174, sec. 15, p. 486.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 17 - COORDINATE SYSTEM OF LAND DESCRIPTION › Section 55-1710 - MODIFIED COORDINATES.

55-1710. MODIFIED COORDINATES. Coordinates within the IPCS that have been modified for any purpose or coordinates within non-IPCS systems shall have:
(1) The qualifier "MODIFIED" added to the datum, adjustment, epoch, and zone reference. The document containing the coordinates shall include any datum adjustment, scale, elevation, or combined factors applied together with the origin of scale application and any other transformation parameters applied; or
(2) A label or description displayed in a manner that clearly shows the coordinates were not obtained through the IPCS.
History:
[55-1710, added 2021, ch. 174, sec. 16, p. 486.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1801 - TITLE.

55-1801. TITLE. This chapter shall be known and may be cited as the "Subdivided Lands Disposition Act."
History:
[55-1801, added 1972, ch. 276, sec. 1, p. 667; am. 2010, ch. 214, sec. 1, p. 468.]