reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 3 - WRITS OF MANDATE › Section 7-312 - DAMAGES.

7-312. DAMAGES. If judgment be given for the applicant, he may recover damages which he has sustained, as found by the jury, or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and for such damages and costs an execution may issue; and a peremptory mandate must also be awarded without delay.
History:
[(7-312) C.C.P. 1881, sec. 748; R.S., R.C., & C.L., sec. 4987; C.S., sec. 7264; I.C.A., sec. 13-312.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 3 - WRITS OF MANDATE › Section 7-313 - SERVICE OF WRIT.

7-313. SERVICE OF WRIT. The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the court. Service upon a majority of the members of any board or body is service upon the board or body, whether at the time of the service the board or body was in session or not.
History:
[(7-313) C.C.P. 1881, sec. 749; R.S., R.C., & C.L., sec. 4988; C.S., sec. 7265; I.C.A., sec. 13-313.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 3 - WRITS OF MANDATE › Section 7-314 - DISOBEDIENCE OF WRIT — PENALTY.

7-314. DISOBEDIENCE OF WRIT — PENALTY. When a peremptory mandate has been issued and directed to any inferior tribunal, corporation, board or person, if it appear to the court that any member of such tribunal, corporation or board, or such person upon whom the writ has been personally served, has, without just excuse, refused or neglected to obey the same, the court may, upon motion, impose a fine not exceeding $1,000. In case of persistence in a refusal of obedience, the court may order the party to be imprisoned until the writ is obeyed, and may make any orders necessary and proper for the complete enforcement of the writ.
History:
[(7-314) C.C.P. 1881, sec. 750; R.S., R.C., & C.L., sec. 4989; C.S., sec. 7266; I.C.A., sec. 13-314.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 4 - WRITS OF PROHIBITION › Section 7-401 - DEFINITION.

7-401. DEFINITION. The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board or person.
History:
[(7-401) C.C.P. 1881, sec. 751; R.S., R.C., & C.L., sec. 4994; C.S., sec. 7267; I.C.A., sec. 13-401.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 4 - WRITS OF PROHIBITION › Section 7-402 - WHEN AND HOW ISSUED.

7-402. WHEN AND HOW ISSUED. It may be issued by the supreme court or any district court to an inferior tribunal, or to a corporation, board or person in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It is issued upon affidavit on the application of the person beneficially interested.
History:
[(7-402) C.C.P. 1881, sec. 752; R.S., R.C., & C.L., sec. 4995; C.S., sec. 7268; I.C.A., sec. 13-402; am. 1996, ch. 224, sec. 3, p. 736.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 4 - WRITS OF PROHIBITION › Section 7-403 - ALTERNATIVE AND PEREMPTORY WRITS.

7-403. ALTERNATIVE AND PEREMPTORY WRITS. The writs must be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party to desist or refrain from further proceedings in the action or matter specified therein until the further order of the court from which it is issued, or to show cause before such court, at a specified time and place, why such party should not be absolutely restrained from any further proceedings in such action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he should not be absolutely restrained, etc., must be omitted and a return day inserted.
History:
[(7-403) C.C.P. 1881, sec. 753; R.S., R.C., & C.L., sec. 4996; C.S., sec. 7269; I.C.A., sec. 13-403; am. 1996, ch. 224, sec. 4, p. 736.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 4 - WRITS OF PROHIBITION › Section 7-404 - APPLICATION OF MANDAMUS PROCEDURE.

7-404. APPLICATION OF MANDAMUS PROCEDURE. The provisions of the preceding sections from 7-305 to 7-314, both inclusive, apply to the proceedings for writ of prohibition.
History:
[(7-404) C.C.P. 1881, sec. 754; R.S., R.C., & C.L., sec. 4997; C.S., sec. 7270; I.C.A., sec. 13-404.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 6 - CONTEMPTS › Section 7-601 - CONTEMPTS DEFINED.

7-601. CONTEMPTS DEFINED. The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court:
1. Disorderly, contemptuous or insolent behavior toward the judge while holding the court, tending to interrupt the due course of a trial or other judicial proceedings.
2. A breach of the peace, boisterous conduct, or violent disturbance tending to interrupt the due course of a trial or other judicial proceedings.
3. Misbehavior in office or other willful neglect or violation of duty by an attorney, counsel, clerk, sheriff, coroner or other person appointed or elected to perform a judicial or ministerial service.
4. Deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding.
5. Disobedience of any lawful judgment, order or process of the court.
6. Assuming to be an officer, attorney, counsel of a court, and acting as such without authority.
7. Rescuing any person or property in the custody of an officer by virtue of an order or process of such court.
8. Unlawfully detaining a witness or party to an action while going to, remaining at, or returning from, the court where the action is on the calendar for trial.
9. Any other unlawful interference with the process or proceedings of a court.
10. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness.
11. When summoned as a juror in a court, neglecting to attend or serve as such, or improperly conversing with a party to an action to be tried at such court, or with any other person in relation to the merits of such action, or receiving a communication from a party or other person in respect to it, without immediately disclosing the same to the court.
12. Disobedience, by an inferior tribunal, magistrate or officer of the lawful judgment, order or process of a superior court, or proceeding in an action or special proceeding contrary to law, after such action or special proceeding is removed from the jurisdiction of such inferior tribunal, magistrate or officer. Disobedience of the lawful orders or process of a judicial officer is also a contempt of the authority of such officer.
13. Failure to provide notice required under chapter 16, title 7, Idaho Code.
History:
[(7-601) C.C.P. 1881, sec. 830; R.S., R.C., & C.L., sec. 5155; C.S., sec. 7383; I.C.A., sec. 13-601; am. 2023, ch. 228, sec. 2, p. 705.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 6 - CONTEMPTS › Section 7-602 - REENTRY OF DISPOSSESSED PERSON ON REAL PROPERTY — PROCEDURE UPON CONVICTION.

7-602. REENTRY OF DISPOSSESSED PERSON ON REAL PROPERTY — PROCEDURE UPON CONVICTION. Every person dispossessed or ejected from or out of any real property by the judgment or process of any court of competent jurisdiction, and who, not having right so to do, reenters into or upon, or takes possession of, any such real property, or induces or procures any person not having right so to do, or aids or abets him therein, is guilty of a contempt of the court by which such judgment was rendered, or from which such process issued. Upon a conviction for such contempt the court shall immediately issue an alias process directed to the proper officer, and requiring him to restore the party entitled to the possession of such property under the original judgment or process, to such possession.
History:
[(7-602) C.C.P. 1881, sec. 831; R.S., R.C., & C.L., sec. 5156; C.S., sec. 7384; I.C.A., sec. 13-602; am. 2012, ch. 20, sec. 2, p. 66.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 6 - CONTEMPTS › Section 7-603 - CONTEMPT IN PRESENCE OF COURT — PUNISHMENT.

7-603. CONTEMPT IN PRESENCE OF COURT — PUNISHMENT. When a contempt is committed in the immediate view and presence of the court, or judge at chambers, it may be punished summarily; for which an order must be made, reciting the facts as occurring in such immediate view and presence, adjudging that the person proceeded against is thereby guilty of a contempt, and that he be punished as therein prescribed. When the contempt is not committed in the immediate view and presence of the court, or judge at chambers, an affidavit shall be presented to the court or judge of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators, or other judicial officer.
History:
[(7-603) C.C.P. 1881, sec. 832; R.S., R.C., & C.L., sec. 5157; C.S., sec. 7385; I.C.A., sec. 13-603.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 6 - CONTEMPTS › Section 7-604 - CONTEMPT OUT OF COURT’S PRESENCE — ATTACHMENT.

7-604. CONTEMPT OUT OF COURT’S PRESENCE — ATTACHMENT. When the contempt is not committed in the immediate view and presence of the court or judge, a warrant of attachment may be issued to bring the person charged to answer, or, without a previous arrest, a warrant of commitment may, upon notice, or upon an order to show cause, be granted; and no warrant of commitment can be issued without such previous attachment to answer, or such notice or order to show cause.
History:
[(7-604) C.C.P. 1881, sec. 833; R.S., R.C., & C.L., sec. 5158; C.S., sec. 7386; I.C.A., sec. 13-604.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 6 - CONTEMPTS › Section 7-605 - PROVISION FOR BAIL.

7-605. PROVISION FOR BAIL. Whenever a warrant of attachment is issued, pursuant to this chapter, the court or judge must direct, by an endorsement on such warrant, that the person charged may be let to bail for his appearance, in an amount to be specified in such endorsement.
History:
[(7-605) C.C.P. 1881, sec. 834; R.S., R.C., & C.L., sec. 5159; C.S., sec. 7387; I.C.A., sec. 13-605.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 6 - CONTEMPTS › Section 7-606 - CUSTODY OF DEFENDANT.

7-606. CUSTODY OF DEFENDANT. Upon executing the warrant of attachment, the sheriff must keep the person in custody, bring him before the court or judge, and detain him until an order be made in the premises, unless the person arrested entitle himself to be discharged, as provided in the next section.
History:
[(7-606) C.C.P. 1881, sec. 835; R.S., R.C., & C.L., sec. 5160; C.S., sec. 7388; I.C.A., sec. 13-606.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 6 - CONTEMPTS › Section 7-607 - MANNER OF PUTTING IN BAIL.

7-607. MANNER OF PUTTING IN BAIL. When a direction to let the person arrested to bail is contained in the warrant of attachment, or endorsed thereon, he must be discharged from the arrest, upon executing and delivering to the officer, at any time before the return day of the warrant, a written undertaking, with two (2) sufficient sureties, to the effect that the person arrested will appear on the return of the warrant and abide the order of the court or judge thereupon, or they will pay as may be directed the sum specified in the warrant.
History:
[(7-607) C.C.P. 1881, sec. 836; R.S., R.C., & C.L., sec. 5161; C.S., sec. 7389; I.C.A., sec. 13-607.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 6 - CONTEMPTS › Section 7-608 - RETURN OF WARRANT.

7-608. RETURN OF WARRANT. The officer must return the warrant of arrest and undertaking, if any, received by him from the person arrested, by the return day specified therein.
History:
[(7-608) C.C.P. 1881, sec. 837; R.S., R.C., & C.L., sec. 5162; C.S., sec. 7390; I.C.A., sec. 13-608.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 6 - CONTEMPTS › Section 7-609 - HEARING.

7-609. HEARING. When the person arrested has been brought up or appeared, the court or judge must proceed to investigate the charge, and must hear any answer which the person arrested may make to the same, and may examine witnesses for or against him, for which an adjournment may be had from time to time, if necessary.
History:
[(7-609) C.C.P. 1881, sec. 838; R.S., R.C., & C.L., sec. 5163; C.S., sec. 7391; I.C.A., sec. 13-609.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 6 - CONTEMPTS › Section 7-610 - JUDGMENT — PENALTY.

7-610. JUDGMENT — PENALTY. Upon the answer and evidence taken, the court or judge must determine whether the person proceeded against is guilty of the contempt charged, and if it be adjudged that he is guilty of the contempt, a fine may be imposed on him not exceeding five thousand dollars ($5,000), or he may be imprisoned not exceeding five (5) days, or both; provided that a person who is guilty of contempt for neglecting to attend or serve as a juror when summoned to do so, or for failing to appear as a prospective juror when summoned by the jury commission under section 2-208(4), Idaho Code, shall be fined in an amount not exceeding five hundred dollars ($500), or may be imprisoned not exceeding five (5) days, or both; and except that if the contempt of which the defendant be adjudged guilty be a disobedience of a judgment or order for the support of minor children, he may be imprisoned not exceeding thirty (30) days in addition to such fine, under this section, as the court may impose. Additionally, the court in its discretion, may award attorney’s fees and costs to the prevailing party.
History:
[(7-610) C.C.P. 1881, sec. 839; R.S., R.C., & C.L., sec. 5164; C.S., sec. 7392; I.C.A., sec. 13-610; am. 1967, ch. 132, sec. 2, p. 302; am. 1997, ch. 200, sec. 1, p. 576; am. 2013, ch. 207, sec. 2, p. 496.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 6 - CONTEMPTS › Section 7-611 - CONTEMPT CONSISTING IN OMISSION.

7-611. CONTEMPT CONSISTING IN OMISSION. When the contempt consists in the omission to perform an act which is yet in the power of the person to perform, he may be imprisoned until he has performed it, and in that case the act must be specified in the warrant of commitment.
History:
[(7-611) C.C.P. 1881, sec. 840; R.S., R.C., & C.L., sec. 5165; C.S., sec. 7393; I.C.A., sec. 13-611.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 6 - CONTEMPTS › Section 7-612 - ADDITIONAL PENALTIES FOR CHILD SUPPORT DELINQUENCY.

7-612. ADDITIONAL PENALTIES FOR CHILD SUPPORT DELINQUENCY. In addition to the penalties for contempt contained in this chapter, the following additional penalties are available for a child support delinquency:
(1) Work activities. In all cases under chapter 2, title 56, Idaho Code, where the custodial parent or children receive temporary assistance for families in Idaho, and the obligor owes past due support and is not incapacitated, the court may issue an order requiring the obligor to participate in work activities.
(2) License suspension. Pursuant to chapter 14, title 7, Idaho Code, the court may issue an order suspending a license for a child support delinquency as defined by section 7-1402, Idaho Code.
History:
[7-612, added 1998, ch. 112, sec. 4, p. 417.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 6 - CONTEMPTS › Section 7-613 - ADDITIONAL PENALTIES FOR FAILING TO COMPLY WITH AN ORDER PROVIDING VISITATION WITH A MINOR CHILD.

7-613. ADDITIONAL PENALTIES FOR FAILING TO COMPLY WITH AN ORDER PROVIDING VISITATION WITH A MINOR CHILD. In addition to the penalties for contempt contained in this chapter, the court may issue an order suspending a license for failing to comply with an order providing for visitation with a minor child pursuant to chapter 14, title 7, Idaho Code.
History:
[7-613, added 1998, ch. 112, sec. 5, p. 417.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 6 - CONTEMPTS › Section 7-614 - NONAPPEARANCE OF DEFENDANT.

7-614. NONAPPEARANCE OF DEFENDANT. When the warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or judge may issue another warrant of arrest, or may order the undertaking to be prosecuted, or both. If the undertaking be prosecuted, the measure of damages in the action is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued, and the costs of the proceeding.
History:
[(7-614) C.C.P. 1881, sec. 841; R.S., R.C., & C.L., sec. 5166; C.S., sec. 7394; I.C.A., sec. 13-612; am. and redesig. 1998, ch. 112, sec. 1, p. 416.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 6 - CONTEMPTS › Section 7-615 - EXCUSE FOR NONATTENDANCE — RESTRAINT OF PERSONAL LIBERTY.

7-615. EXCUSE FOR NONATTENDANCE — RESTRAINT OF PERSONAL LIBERTY. Whenever, by the provisions of this chapter, an officer is required to keep a person arrested on a warrant of attachment in custody, and to bring him before a court or judge, the inability, from illness or otherwise, of the person to attend, is a sufficient excuse for not bringing him up; and the officer must not confine a person arrested upon the warrant in a prison, or otherwise restrain him of personal liberty, except so far as may be necessary to secure his personal attendance.
History:
[(7-615) C.C.P. 1881, sec. 842; R.S., R.C., & C.L., sec. 5167; C.S., sec. 7395; I.C.A., sec. 13-613; am. & redesig. 1998, ch. 112, sec. 2, p. 417.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 6 - CONTEMPTS › Section 7-616 - JUDGMENT IS FINAL.

7-616. JUDGMENT IS FINAL. The judgment and orders of the court or judge, made in cases of contempt, are final and conclusive.
History:
[(7-616) C.C.P. 1881, sec. 843; R.S., R.C., & C.L., sec. 5168; C.S., sec. 7396; I.C.A., sec. 13-614; am. & redesig. 1998, ch. 112, sec. 3, p. 417.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 7 - EMINENT DOMAIN › Section 7-701 - USES FOR WHICH AUTHORIZED.

7-701. USES FOR WHICH AUTHORIZED. Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public uses:
1. Public buildings and grounds for the use of the state, and all other public uses authorized by the legislature.
2. Public buildings and grounds for the use of any county, incorporated city or school district; canals, aqueducts, flumes, ditches or pipes for conducting water for use on state property or for the use of the inhabitants of any county or incorporated city, or for draining state property for any county or incorporated city, raising the banks of streams, removing obstructions therefrom and widening, deepening or straightening their channels, roads, streets, alleys, and all other public uses for the benefit of the state or of any county, incorporated city or the inhabitants thereof.
3. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, steam, electric and horse railroads, reservoirs, canals, ditches, flumes, aqueducts and pipes, for public transportation supplying mines and farming neighborhoods with water, and draining and reclaiming lands, and for storing and floating logs and lumber on streams not navigable.
4. Roads, tunnels, ditches, flumes, pipes and dumping places for working mines; also outlets, natural or otherwise, for the flow, deposit or conduct of tailings or refuse matter from mines; also, an occupancy in common by the owners or possessors of different mines of any place for the flow, deposit or conduct of tailings or refuse matter from their several mines.
5. Byroads, leading from highways to residences and farms.
6. Telephones, telegraph and telephone lines.
7. Sewerage of any incorporated city.
8. Cemeteries for the burial of the dead, and enlarging and adding to the same and the grounds thereof.
9. Pipe lines for the transmission, delivery, furnishing or distribution of natural or manufactured gas for light, heat or power, or for the transportation of crude petroleum or petroleum products; also for tanks, reservoirs, storage, terminal and pumping facilities, telephone, telegraph and power lines necessarily incident to such pipe lines.
10. Snow fences or barriers for the protection of highways from drifting snow.
11. Electric distribution and transmission lines for the delivery, furnishing, distribution, and transmission of electric current for power, lighting, heating or other purposes; and structures, facilities and equipment for the production, generation, and manufacture of electric current for power, lighting, heating or other purposes.
History:
[(7-701) C.C.P. 1881, sec. 851; R.S., sec. 5210; am. 1903, p. 203, sec. 1; reen. R.C., & C.L., sec. 5210; C.S., sec. 7404; am. 1923, ch. 98, sec. 2, p. 122; am. 1931, ch. 39, sec. 1, p. 74; I.C.A., sec. 13-701; am. 1933, ch. 211, sec. 1, p. 443; am. 1951, ch. 58, sec. 1, p. 85; am. 1974, ch. 136, sec. 1, p. 1340.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 7 - EMINENT DOMAIN › Section 7-702 - ESTATES SUBJECT TO TAKING.

7-702. ESTATES SUBJECT TO TAKING. The following is a classification of the estates and rights in lands subject to be taken for public use:
1. A fee simple, when taken for public buildings or grounds, or for permanent buildings, for reservoirs and dams and permanent flooding occasioned thereby, or for an outlet for a flow, or a place for the deposit of debris or tailings of a mine.
2. An easement, when taken for any other use.
3. The right of entry upon, and occupation of, lands, and the right to take therefrom such earth, gravel, stones, trees and timber as may be necessary for some public use.
History:
[(7-702) C.C.P. 1881, sec. 852; R.S., R.C., & C.L., sec. 5211; C.S., sec. 7405; I.C.A., sec. 13-702.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 7 - EMINENT DOMAIN › Section 7-703 - PRIVATE PROPERTY SUBJECT TO TAKING.

7-703. PRIVATE PROPERTY SUBJECT TO TAKING. The private property which may be taken under this chapter includes:
1. All real property belonging to any person.
2. Lands belonging to the government of the United States, to this state, or to any county, incorporated city, or city and county, village or town, not appropriated to some public use.
3. Property appropriated to public use; but such property shall not be taken unless for a more necessary public use than that to which it has been already appropriated.
4. Franchises for toll roads, toll bridges and ferries, and all other franchises; but such franchises shall not be taken unless for free highways, railroads or other more necessary public use.
5. All rights of way for any and all the purposes mentioned in section 7-701, and any and all structures and improvements thereon, and the lands held or used in connection therewith, shall be subject to be connected with, crossed or intersected by any other right of way or improvements or structures thereon. They shall also be subject to a limited use, in common with the owners thereof, when necessary, but such uses, crossings, intersections and connections shall be made in the manner most compatible with the greatest public benefit and least private injury.
6. All classes of private property not enumerated may be taken for public use when such taking is authorized by law.
History:
[(7-703) C.C.P. 1881, sec. 853; R.S. & R.C., sec. 5212; am. 1911, ch. 75, sec. 1, p. 229; reen. C.L., sec. 5212; C.S., sec. 7406; I.C.A., sec. 13-703.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 7 - EMINENT DOMAIN › Section 7-704 - FACTS PREREQUISITE TO TAKING.

7-704. FACTS PREREQUISITE TO TAKING. Before property can be taken it must appear:
1. That the use to which it is to be applied is a use authorized by law.
2. That the taking is necessary to such use.
3. If already appropriated to some public use, that the public use to which it is to be applied is a more necessary public use.
4. In addition, for an electrical transmission line with a capacity in excess of two hundred thirty (230) KV (kilovolts), to be constructed over private real property actively devoted to agriculture, that a public meeting shall have been held following ten (10) days’ notice, as provided by section 60-109, Idaho Code, being published in a newspaper of general circulation in each county or counties in which the transmission line is proposed to be located with the last publication of the legal notice having occurred prior to the public meeting at which testimony from interested persons regarding the transmission line location is received.
History:
[(7-704) C.C.P. 1881, sec. 854; R.S., R.C., & C.L., sec. 5213; C.S., sec. 7407; I.C.A., sec. 13-704; am. 1983, ch. 115, sec. 1, p. 247.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 7 - EMINENT DOMAIN › Section 7-704A - ACQUISITION OF OMITTED LANDS — ESCROW OF FUNDS.

7-704A. ACQUISITION OF OMITTED LANDS — ESCROW OF FUNDS. (1) The state of Idaho, or any of its political subdivisions, in excercising [exercising] its powers of eminent domain, shall acquire and pay full value for all lands classified as omitted lands under federal legislation as though the state of Idaho or any political subdivision thereof were receiving fee simple title.
(2) The state of Idaho or any political subdivision thereof shall be entitled to escrow the funds for the acquisition of the omitted lands until a letter of acquiescence or other documentation is received from the federal government, at which time all of the funds shall be remitted to the landholder.
History:
[7-704A, added 1982, ch. 125, sec. 1, p. 362.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 7 - EMINENT DOMAIN › Section 7-705 - SURVEY AND LOCATION OF LAND.

7-705. SURVEY AND LOCATION OF LAND. In all cases where land is required for public use the state or its agents in charge of such use may survey and locate the same, but it must be located in the manner which will be most compatible with the greatest public good and the least private injury, and subject to the provisions of this chapter. The state or its agents in charge of such public use, may enter upon the land and make examinations, surveys and maps thereof, and such entry shall constitute no cause for action in favor of the owners of the land, except for injuries resulting from negligence, wantonness or malice.
History:
[(7-705) C.C.P. 1881, sec. 855; R.S., R.C., & C.L., sec. 5214; C.S., sec. 7408; I.C.A., sec. 13-705.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 7 - EMINENT DOMAIN › Section 7-706 - JURISDICTION IN DISTRICT COURT — COMMENCEMENT OF PROCEEDINGS.

7-706. JURISDICTION IN DISTRICT COURT — COMMENCEMENT OF PROCEEDINGS. All proceedings under this chapter must be brought in the district court for the county in which the property is situated. They must be commenced by filing a complaint and issuing a summons thereon.
History:
[(7-706) C.C.P. 1881, sec. 856; R.S., R.C., & C.L., sec. 5215; C.S., sec. 7409; I.C.A., sec. 13-706.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 7 - EMINENT DOMAIN › Section 7-707 - COMPLAINT.

7-707. COMPLAINT. The complaint must contain:
1. The name of the corporation, association, commission or person in charge of the public use for which the property is sought, who must be styled plaintiff.
2. The names of all owners and claimants of the property, if known, or a statement that they are unknown, who must be styled defendants.
3. A statement of the right of the plaintiff.
4. If a right-of-way be sought, the complaint must show the location, general route and termini, and must be accompanied with maps thereof.
5. A description of each piece of land sought to be taken, and whether the same includes the whole, or only a part, of an entire parcel or tract. All parcels lying in the county, and required for the same public use, may be included in the same or separate proceedings, at the option of the plaintiff, but the court may consolidate or separate them to suit the convenience of the parties.
6. An order of condemnation, or resolution, or other official and binding document entered by the plaintiff which sets forth and clearly identifies all property rights to be acquired including rights to and from the public way, and permanent and temporary easements known or reasonably identifiable to the condemning authority.
7. In all cases where the owner of the lands sought to be taken resides in the county in which said lands are situated, a statement that the plaintiff has sought, in good faith, to purchase the lands so sought to be taken, or settle with the owner for the damages which might result to his property from the taking thereof, and was unable to make any reasonable bargain therefor, or settlement of such damages; but in all other cases these facts need not be alleged in the complaint, or proved.
History:
[(7-707) C.C.P. 1881, sec. 857; R.S., sec. 5216; am. 1907, p. 322, sec. 1; reen. R.C. & C.L., sec. 5216; C.S., sec. 7410; I.C.A., sec. 13-707; am. 2006, ch. 450, sec. 1, p. 1339.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 7 - EMINENT DOMAIN › Section 7-708 - SUMMONS.

7-708. SUMMONS. The clerk must issue a summons, which must contain the names of the parties, a general description of the whole property, a statement of the public use for which it is sought, and a reference to the complaint for descriptions of the respective parcels, and a notice to the defendants to appear and show cause why the property described should not be condemned as prayed for in the complaint. In all other particulars it must be in the form of a summons in civil actions, and must be served in like manner.
History:
[(7-708) C.C.P. 1881, sec. 858; R.S., R.C., & C.L., sec. 5217; C.S., sec. 7411; I.C.A., sec. 13-708.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 7 - EMINENT DOMAIN › Section 7-709 - PERSONS ENTITLED TO DEFEND.

7-709. PERSONS ENTITLED TO DEFEND. All persons in occupation of, or having or claiming an interest in, any of the property described in the complaint, or in the damages for the taking thereof, though not named, may appear, plead and defend, each in respect to his own property or interest, or that claimed by him, in like manner as if named in the complaint.
History:
[(7-709) C.C.P. 1881, sec. 859; R.S., R.C., & C.L., sec. 5218; C.S., sec. 7412; I.C.A., sec. 13-709.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 7 - EMINENT DOMAIN › Section 7-710 - POWERS OF COURT.

7-710. POWERS OF COURT. The court shall have power:
1. To regulate and determine the place and manner of making connections and crossings, or of enjoying the common use mentioned in the fifth subdivision of section 7-703.
2. To hear and determine all adverse or conflicting claims to the property sought to be condemned, and to the damages therefor.
3. To determine the respective rights of different parties seeking condemnation of the same property.
History:
[(7-710) C.C.P. 1881, sec. 860; R.S., R.C., & C.L., sec. 5219; C.S., sec. 7413; I.C.A., sec. 13-710.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 7 - EMINENT DOMAIN › Section 7-712 - DAMAGES — DATE OF ACCRUAL.

7-712. DAMAGES — DATE OF ACCRUAL. For the purpose of assessing compensation and damages, the right thereto shall be deemed to have accrued at the date of the summons, and its actual value, at that date, shall be the measure of compensation for all property to be actually taken, and the basis of damages to property not actually taken, but injuriously affected, in all cases where such damages are allowed, as provided in the last section. No improvements put upon the property subsequent to the date of the service of summons shall be included in the assessment of compensation or damages. The compensation and damages awarded shall draw lawful interest from the date of the summons.
History:
[(7-712) C.C.P. 1881, sec. 862; R.S., R.C., & C.L., sec. 5221; C.S., sec. 7415; I.C.A., sec. 13-712; am. 1957, ch. 127, sec. 1, p. 215.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 7 - EMINENT DOMAIN › Section 7-713 - CURING DEFECTIVE TITLE.

7-713. CURING DEFECTIVE TITLE. If the title attempted to be acquired is found to be defective from any cause, the plaintiff may again institute proceedings to acquire the same as in this chapter prescribed.
History:
[(7-713) C.C.P. 1881, sec. 863; R.S., R.C., & C.L., sec. 5222; C.S., sec. 7416; I.C.A., sec. 13-713.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 7 - EMINENT DOMAIN › Section 7-714 - PAYMENT OF DAMAGES.

7-714. PAYMENT OF DAMAGES. The plaintiff must, within thirty (30) days after final judgment, pay the sum of money assessed, but may, at the time of or before payment, elect to build the fences and cattle guards, and, if he so elect, shall execute to the defendant a bond, with sureties to be approved by the court, in double the assessed cost of the same, to build such fences and cattle guards within eight (8) months from the time the railroad is built on the land taken, and, if such bond is given, need not pay the cost of such fences and cattle guards. In an action on such bond the plaintiff may recover reasonable attorney’s fees.
History:
[(7-714) C.C.P. 1881, sec. 864; R.S., R.C., & C.L., sec. 5223; C.S., sec. 7417; I.C.A., sec. 13-714.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 7 - EMINENT DOMAIN › Section 7-715 - PAYMENT OF DAMAGES — FAILURE TO MAKE PAYMENT.

7-715. PAYMENT OF DAMAGES — FAILURE TO MAKE PAYMENT. Payment may be made to the defendants entitled thereto, or the money may be deposited in court for the defendants, and be distributed to those entitled thereto. If the money be not so paid or deposited, the defendants may have execution as in civil cases; and if the money cannot be made on execution, the court, upon a showing to that effect, must set aside and annul the entire proceedings, and restore possession of the property to the defendant, if possession has been taken by the plaintiff.
History:
[(7-715) C.C.P. 1881, sec. 865; R.S., R.C., & C.L., sec. 5224; C.S., sec. 7418; I.C.A., sec. 13-715.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 7 - EMINENT DOMAIN › Section 7-716 - FINAL ORDER OF CONDEMNATION.

7-716. FINAL ORDER OF CONDEMNATION. When payments have been made and the bond given, if the plaintiff elects to give one, as required by the last two (2) sections, the court must make final order of condemnation, which must describe the property condemned and the purposes of such condemnation. A copy of the order must be filed in the office of the recorder of the county, and thereupon the property described therein shall vest in the plaintiff for the purposes therein specified.
History:
[(7-716) C.C.P. 1881, sec. 866; R.S., R.C., & C.L., sec. 5225; C.S., sec. 7419; I.C.A., sec. 13-716.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 7 - EMINENT DOMAIN › Section 7-718 - COSTS.

7-718. COSTS. Costs may be allowed or not, and, if allowed, may be apportioned between the parties on the same or adverse sides in the discretion of the court.
History:
[(7-718) C.C.P. 1881, sec. 868; R.S., R.C., & C.L., sec. 5227; C.S., sec. 7421; I.C.A., sec. 13-718.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 7 - EMINENT DOMAIN › Section 7-720 - APPLICATION TO MUNICIPALITIES.

7-720. APPLICATION TO MUNICIPALITIES. Nothing in this code must be construed to abrogate or repeal any statute provided for the taking of property in any municipality for street purposes. Any municipality at its option may exercise the right of eminent domain under the provisions of this chapter for any of the uses and purposes mentioned in section 7-701, Idaho Code.
History:
[(7-720) C.C.P. 1881, sec. 870; R.S. &amp; R.C., sec. 5229; am. 1913, ch. 108, sec. 1, p. 429; compiled and reen. C.L., sec. 5229; C.S., sec. 7423; I.C.A., sec. 13-720; am. 2009, ch. 11, sec. 2, p. 14.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 8 - CHANGE OF NAMES › Section 7-801 - JURISDICTION IN DISTRICT COURT.

7-801. JURISDICTION IN DISTRICT COURT. Application for change of names must be heard and determined by the district courts.
History:
[(7-801) C.C.P. 1881, sec. 871; R.S., R.C., & C.L., sec. 5245; C.S., sec. 7424; I.C.A., sec. 13-801.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 8 - CHANGE OF NAMES › Section 7-802 - PETITION FOR CHANGE.

7-802. PETITION FOR CHANGE. (1) All applications for change of names must be made to the district court of the county where the person whose name is proposed to be changed resides, by petition, signed by such person, if the person is an adult or an emancipated minor; and if such person is under the age of eighteen (18) years and is not an emancipated minor, by one (1) of the parents or by a guardian. The petition must specify the place of birth and residence of such person, his or her present name, the name proposed, and reason for such change of name.
(2) If the person whose name is proposed to be changed is under eighteen (18) years of age and is not an emancipated minor, the petition must also include the following:
(a) If the petition is signed by only one (1) parent, the petition must specify the name and the address, if known, of the other parent, if living.
(b) If the petition is signed by a guardian of the person, the petition must specify:
(i) The name and address, if known, of the parent or parents of the person, if living; or
(ii) If both parents are deceased or their addresses are unknown, the names and addresses of the grandparents of the person, if living.
(3) For purposes of this section, "emancipated minor" means any minor who has been married or is in active military service.
History:
[(7-802) C.C.P. 1881, sec. 872; R.S., R.C., & C.L., sec. 5246; C.S., sec. 7425; I.C.A., sec. 13-802; am. 1975, ch. 63, sec. 1, p. 129; am. 1984, ch. 67, sec. 1, p. 118; am. 2017, ch. 191, sec. 1, p. 439.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 8 - CHANGE OF NAMES › Section 7-803 - PUBLICATION OF PETITION AND NOTICE.

7-803. PUBLICATION OF PETITION AND NOTICE. (1) A notice of hearing of such petition signed by the clerk and issued under the seal of the court, must be published for four (4) successive weeks in a newspaper designated by the court as most likely to give notice in the county where the person whose name is proposed to be changed resides, and proofs must be made of such publication or posting before the petition can be considered. The notice of hearing may be substantially in the following form:
NOTICE OF HEARING
In the District Court of the…. Judicial District of the State of Idaho in and for…. County.
In the matter of the application of…. for change in name.
(Assertions herein contained refer to assertions in the petition)
A petition by…., now residing in the City of…., State of Idaho, proposing a change in name to…. has been filed in the above entitled court, the reason for the change in name being
.
such petition will be heard at such time as the court may appoint, and objections may be filed by any person who can, in such objections, show to the court a good reason against such a change of name.
WITNESS my hand and seal of said District Court this…. day of……
……………..
Attorney for petitioner
………………
Residence or post office address
……………… Idaho.
(2) If the petition has been filed for a minor by a parent and the other parent, if living, does not join in consenting to the name change, the petitioner must cause notice of the time and place of the hearing to be served on the other parent not less than thirty (30) days before the hearing.
(3) If the petition has been filed for a minor by a guardian, the person filing the petition must cause notice of the time and place of the hearing to be served on the persons whose names and addresses were specified in the petition pursuant to section 7-802(2)(b), Idaho Code, not less than thirty (30) days before the hearing.
History:
[(7-803) C.C.P. 1881, sec. 873; R.S., R.C., & C.L., sec. 5247; C.S., sec. 7426; I.C.A., sec. 13-803; am. 1945, ch. 32, sec. 1, p. 39; am. 2007, ch. 90, sec. 1, p. 246; am. 2010, ch. 250, sec. 1, p. 640; am. 2017, ch. 191, sec. 2, p. 439.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 8 - CHANGE OF NAMES › Section 7-804 - HEARING AND ORDER.

7-804. HEARING AND ORDER. Such application must be heard at such time during term as the court may appoint, and objections may be filed by any person who can, in such objections, show to the court good reason against such change of name. On the hearing the court may examine, upon oath, any of the petitioners, remonstrants or other persons touching the application, and may make an order changing the name or dismissing the application, as to the court may seem right and proper.
History:
[(7-804) C.C.P. 1881, sec. 874; R.S., R.C., & C.L., sec. 5248; C.S., sec. 7427; I.C.A., sec. 13-804.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 8 - CHANGE OF NAMES › Section 7-805 - RESTRICTIONS ON NAME CHANGES FOR CONVICTED SEXUAL OFFENDERS — NOTIFICATION OF NAME CHANGES OF CONVICTED SEXUAL OFFENDERS.

7-805. RESTRICTIONS ON NAME CHANGES FOR CONVICTED SEXUAL OFFENDERS — NOTIFICATION OF NAME CHANGES OF CONVICTED SEXUAL OFFENDERS. (1) No person shall apply for a change of name with the intent or purpose of avoiding registration as a convicted sexual offender pursuant to chapter 83, title 18, Idaho Code. No name change shall be granted to any person if the name change would have the effect of relieving the person of the duty to register as a convicted sexual offender under chapter 83, title 18, Idaho Code, or under the provisions of similar laws enacted by another state.
(2) The court granting a name change to any individual required to register as a convicted sexual offender pursuant to the provisions of chapter 83, title 18, Idaho Code, shall provide notice of the name change to the Idaho state police, central sexual offender registry. This notice shall include the offender’s name prior to change, new name, social security number, date of birth and last known address.
History:
[7-805, added 1998, ch. 411, sec. 3, p. 1290; am. 2000, ch. 469, sec. 17, p. 1467.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 9 - UNIFORM ARBITRATION ACT › Section 7-901 - VALIDITY OF ARBITRATION AGREEMENT.

7-901. VALIDITY OF ARBITRATION AGREEMENT. A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. This act does not apply to arbitration agreements between employers and employees or between their respective representatives (unless otherwise provided in the agreement).
History:
[I.C., sec. 7-901, as added by 1975, ch. 117, sec. 2, p. 240.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 9 - UNIFORM ARBITRATION ACT › Section 7-902 - PROCEEDINGS TO COMPEL OR STAY ARBITRATION.

7-902. PROCEEDINGS TO COMPEL OR STAY ARBITRATION. (a) On application of a party showing an agreement described in section 7-901, Idaho Code, and the opposing party’s refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party, otherwise, the application shall be denied.
(b) On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.
(c) If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subdivision (a) of this section, the application shall be made therein. Otherwise and subject to section 7-918, Idaho Code, the application may be made in any court of competent jurisdiction.
(d) Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.
(e) An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown.
History:
[I.C., sec. 7-902, as added by 1975, ch. 117, sec. 2, p. 240.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 9 - UNIFORM ARBITRATION ACT › Section 7-903 - APPOINTMENT OF ARBITRATORS BY COURT.

7-903. APPOINTMENT OF ARBITRATORS BY COURT. If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his successor has not been duly appointed, the court on application of a party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement.
History:
[I.C., sec. 7-903, as added by 1975, ch. 117, sec. 2, p. 240.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 9 - UNIFORM ARBITRATION ACT › Section 7-904 - MAJORITY ACTION BY ARBITRATORS.

7-904. MAJORITY ACTION BY ARBITRATORS. The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this act.
History:
[I.C., sec. 7-904, as added by 1975, ch. 117, sec. 2, p. 240.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 9 - UNIFORM ARBITRATION ACT › Section 7-905 - HEARING.

7-905. HEARING. Unless otherwise provided by the agreement:
(a) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five (5) days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
(b) The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.
(c) The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
History:
[I.C., sec. 7-905, as added by 1975, ch. 117, sec. 2, p. 240.]
2023 Idaho Code › Title 7 - SPECIAL PROCEEDINGS › Chapter 9 - UNIFORM ARBITRATION ACT › Section 7-906 - REPRESENTATION BY ATTORNEY.

7-906. REPRESENTATION BY ATTORNEY. A party has the right to be represented by an attorney at any proceeding or hearing under this act. A waiver thereof prior to the proceeding or hearing is ineffective.
History:
[I.C., sec. 7-906, as added by 1975, ch. 117, sec. 2, p. 240.]