reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1802 - DEFINITIONS.

55-1802. DEFINITIONS. When used in this chapter, unless the context otherwise requires:
(1) "Commission" means the Idaho real estate commission.
(2) "Disposition" includes sale, lease, assignment, award by lottery or any other transaction concerning a subdivision, if undertaken for gain or profit.
(3) "Offer" includes any inducement, solicitation or attempt to encourage a person to acquire an interest in land, if undertaken for gain or profit.
(4) "Person" means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two (2) or more of any of the foregoing having a joint or common interest or any other legal or commercial entity.
(5) "Purchaser" means a person who acquires or attempts to acquire or succeeds to an interest in land.
(6) "Subdivider" means any owner of subdivided land who offers it for disposition or the principal agent of an inactive owner.
(7) "Subdivision" or "subdivided lands" means and includes the following:
(a) Any land situated outside the state of Idaho that is divided or is proposed to be divided for the purpose of disposition into five (5) or more lots, parcels, units or interests and also includes any land, whether contiguous or not, if five (5) or more lots, parcels, units or interests are offered as a part of a common promotional plan of advertising and sale;
(b) Any time shared property located within or without this state that is offered to purchasers or is proposed to be offered to purchasers.
(8) "Time shared property" means any real property in which the use and occupancy rights are divided or proposed to be divided into more than thirteen (13) units, interests or parcels in accordance with a fixed or variable time schedule on a periodic basis that allocates the use or occupancy among the persons holding similar interests, whether such use or occupancy rights are granted by deed, contract or share certificate.
History:
[55-1802, added 1972, ch. 276, sec. 2, p. 667; am. 1984, ch. 61, sec. 1, p. 110; am. 2010, ch. 214, sec. 2, p. 468.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1803 - ADMINISTRATION OF CHAPTER.

55-1803. ADMINISTRATION OF CHAPTER. This chapter shall be administered by the Idaho real estate commission.
History:
[55-1803, added 1972, ch. 276, sec. 3, p. 667; am. 2010, ch. 214, sec. 3, p. 469.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1804 - PROHIBITIONS ON DISPOSITIONS OF INTERESTS IN SUBDIVISIONS.

55-1804. PROHIBITIONS ON DISPOSITIONS OF INTERESTS IN SUBDIVISIONS. Unless the subdivided lands or the transaction is exempt under section 55-1805, Idaho Code, it shall be unlawful for any person to make in this state:
(1) Any offer or disposition of any interest in subdivided lands located without this state prior to the time that the subdivided lands are registered in accordance with this chapter.
(2) Any offer or disposition of any interest in a time shared property located within or without this state prior to the time that the time shared property is registered in accordance with this chapter.
(3) Any disposition of any interest in subdivided lands without delivering to the purchaser an effective current public offering statement, obtaining a dated and signed receipt and affording the purchaser a reasonable opportunity to examine the statement.
An offer is made in this state, whether or not the offeror or offeree is then present in this state, if the offer originates within this state or is directed by the offeror to a person or place in this state and received by the person or at the place to which it is directed.
History:
[55-1804, added 1972, ch. 276, sec. 4, p. 667; am. 1984, ch. 61, sec. 2, p. 110; am. 2010, ch. 214, sec. 4, p. 469.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1804A - RIGHT OF RESCISSION.

55-1804A. RIGHT OF RESCISSION. Any contract or agreement of disposition for an interest in subdivided lands may be rescinded by the purchaser without cause by personally delivering or sending by certified mail, a written notice of cancellation to the subdivider on or before 11:59 p.m. of the fifth calendar day after execution of the contract or agreement of disposition. The contract or agreement of disposition shall state this right and terms in boldface type on the signature page and shall include the address of the subdivider.
History:
[55-1804A, added 2010, ch. 214, sec. 5, p. 469.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1805 - EXEMPTIONS.

55-1805. EXEMPTIONS. (1) Unless the method of disposition is adopted for the purpose of evasion of this chapter, the registration provisions of this chapter do not apply to offers or dispositions of an interest in land:
(a) By a purchaser of subdivided lands for his own account in a single or isolated transaction;
(b) If fewer than five (5) separate lots, parcels, units or interests in subdivided lands are offered by a person in a period of twelve (12) months;
(c) By any salaried employee in the normal course of his employment for an owner who is not in the business of making real estate sales when the transaction is incidental to the principal activities or business of the owner and where no added incentive such as a bonus or commission or other fee is paid to the employee for the transaction;
(d) By any person holding a duly executed power of attorney from the owner or principal agent of an inactive owner when the power of attorney is executed for the performance of a specific real estate transaction;
(e) To persons who are engaged in the business of construction of buildings for resale or to persons who acquire an interest in subdivided lands for the purpose of engaging, and do engage, in the business of construction of buildings for resale;
(f) Pursuant to court order;
(g) By any government or government agency; or
(h) As cemetery lots or interests.
(2) Unless the method of disposition is adopted for the purpose of evasion of this chapter, the registration provisions of this chapter do not apply to offers and dispositions of securities currently registered with the Idaho department of finance.
History:
[55-1805, added 1972, ch. 276, sec. 5, p. 667; am. 2010, ch. 214, sec. 6, p. 470.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1808 - EXAMINATION BY COMMISSION OF APPLICATION FOR REGISTRATION.

55-1808. EXAMINATION BY COMMISSION OF APPLICATION FOR REGISTRATION. Upon receipt of an application for registration in proper form, the commission shall forthwith initiate an examination of the application for registration to determine that:
(1) The requirements of section 55-1806, Idaho Code, have been satisfied, the subdivider can convey or cause to be conveyed the interest in subdivided lands offered for disposition if the purchaser complies with the terms of the offer and, when appropriate, that release clauses, conveyances in trust, escrow and impoundage provisions and other safeguards have been provided;
(2) There is reasonable assurance that all proposed improvements will be completed as represented;
(3) There is no evidence which would reasonably lead the commission to believe that the subdivider, or if a corporation, partnership or other legal entity, its individual officers, directors, general partners, members, managers or other such principals are contemplating a fraudulent or misleading sales promotion; and
(4) The public offering statement requirements of this chapter have been satisfied.
History:
[55-1808, added 1972, ch. 276, sec. 8, p. 667; am. 2010, ch. 214, sec. 9, p. 473.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1810 - RENEWAL REPORT — DUTY TO REPORT CONVICTIONS AND JUDGMENTS.

55-1810. RENEWAL REPORT — DUTY TO REPORT CONVICTIONS AND JUDGMENTS. (1) The subdivider shall file a renewal report in the form prescribed by the commission. The renewal report shall reflect any material changes in information contained in the original application for registration. The renewal report must be filed with the renewal application not later than fifteen (15) days before the registration expiration date.
(2) If at any time after filing an initial or renewal application, a subdivider or any of its individual directors, officers, general partners, members, managers or other such principals, is convicted, has a judgment entered against it or is found liable in any court or administrative tribunal for any conduct referenced in section 55-1806 or 55-1815, Idaho Code, the subdivider shall, within thirty (30) days, forward to the commission a copy of the judgment, order or other document evidencing the same.
(3) The commission may initiate a renewal examination of the kind provided in section 55-1808, Idaho Code. If the commission determines that any of the requirements of sections 55-1806 through 55-1808, Idaho Code, have not been met, it shall notify the subdivider that the deficiency must be corrected within twenty (20) days or such other time as allowed by the commission. If the requirements are not met within the time allowed, the commission may, notwithstanding the provisions of section 55-1814, Idaho Code, issue a cease and desist order according to the emergency procedures of chapter 52, title 67, Idaho Code, barring further sales of the subdivided lands.
History:
[55-1810, added 1972, ch. 276, sec. 10, p. 667; am. 2010, ch. 214, sec. 11, p. 475.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1812 - FRAUDULENT PRACTICES.

55-1812. FRAUDULENT PRACTICES. It shall be a fraudulent practice and it shall be unlawful:
(1) For any person knowingly to subscribe to or make or cause to be made any materially false statement or representation in any application, financial statement or other document or statement required to be filed under any provision of this chapter, or to omit to state any material statement or fact in any such document or statement that is necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading;
(2) For any person, in connection with the offer or disposition of subdivided lands, directly or indirectly, to employ any device, scheme or artifice to defraud;
(3) For any person, in connection with the offer or disposition of subdivided lands, directly or indirectly, to make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or
(4) For any person, in connection with the offer or disposition of subdivided lands, directly or indirectly, to engage in any act, practice or course of business that operates or would operate as a fraud or deception upon purchasers or the public.
History:
[55-1812, added 1972, ch. 276, sec. 12, p. 667; am. 2010, ch. 214, sec. 13, p. 477.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1814 - CEASE AND DESIST ORDERS.

55-1814. CEASE AND DESIST ORDERS. (1) If the commission determines after notice and hearing that a person has:
(a) Violated any provision of this chapter;
(b) Directly or through an agent or employee knowingly engaged in any false, deceptive or misleading advertising, promotional or sales methods to offer or dispose of an interest in subdivided lands;
(c) Made any substantial change in the plan of disposition and development of the subdivided lands subsequent to the order of registration without obtaining prior written approval from the commission;
(d) Disposed of any subdivided lands that have not been registered with the commission; or
(e) Violated any lawful order or rule of the commission;
it may issue an order requiring the person to cease and desist from the unlawful practice and may take such other action as authorized by this chapter.
(2) If the commission makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, such as in the case of the subdivider’s failure to maintain the statutory requirements for registration, it may issue a temporary cease and desist order. Prior to issuing the temporary cease and desist order, the commission shall, whenever practicable, by telephone or otherwise, give notice of the petition for a temporary cease and desist order to the person. Every temporary cease and desist order issued shall be promptly served upon the person ordered and shall include the reasons for the order and a provision that, if requested by the person within twenty (20) days of service, the matter will be scheduled for a hearing, which will be held within a reasonable time to determine whether or not the order becomes permanent.
History:
[55-1814, added 1972, ch. 276, sec. 14, p. 667; am. 2010, ch. 214, sec. 15, p. 479.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1815 - REVOCATION.

55-1815. REVOCATION. (1) A registration may be revoked by the commission after notice and hearing upon a written finding of fact that the subdivider has:
(a) Failed to maintain the requirements for continued registration;
(b) Failed to comply with the terms of a cease and desist order;
(c) In any court or administrative tribunal, been convicted, found liable or had a registration revoked for a crime, tort or other misconduct involving fraud, deception, false pretenses, misrepresentation, false advertising or dishonest dealing in land dispositions, including the offering or promotion of land disposition;
(d) Disposed of, concealed or diverted any funds or assets of any person so as to defeat the rights of subdivision purchasers;
(e) Failed faithfully to perform any stipulation or agreement made with the commission as an inducement to grant any registration, to reinstate any registration or to approve any promotional plan or public offering statement; or
(f) Made intentional misrepresentations or concealed material facts in an application for registration.
Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
(2) If the commission finds after notice and hearing that the subdivider has committed a violation for which revocation could be ordered, it may issue a cease and desist order instead.
History:
[55-1815, added 1972, ch. 276, sec. 15, p. 667; am. 2010, ch. 214, sec. 16, p. 479.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1816 - JUDICIAL REVIEW.

55-1816. JUDICIAL REVIEW. A person who has exhausted all administrative remedies available within the commission and who is aggrieved by any final decision of the commission is entitled to judicial review in accordance with chapter 52, title 67, Idaho Code.
History:
[55-1816, added 1972, ch. 276, sec. 16, p. 667.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1817 - REAL ESTATE LICENSE REQUIRED.

55-1817. REAL ESTATE LICENSE REQUIRED. No real estate broker or salesperson shall offer or dispose of subdivided lands within or from this state, except in dispositions and transactions exempt under section 55-1805, Idaho Code, unless said real estate broker or salesperson is licensed pursuant to chapter 20, title 54, Idaho Code.
History:
[55-1817, added 1972, ch. 276, sec. 17, p. 667; am. 2010, ch. 214, sec. 17, p. 480.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1818 - EXTRADITION.

55-1818. EXTRADITION. In proceedings for extradition of a person charged with a crime under this chapter, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding or other state.
History:
[55-1818, added 1972, ch. 276, sec. 18, p. 667; am. 2010, ch. 214, sec. 18, p. 480.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1819 - CIVIL REMEDY.

55-1819. CIVIL REMEDY. (1) Every disposition made in violation of any of the provisions of this chapter, or of any order issued by the commission under any of the provisions of this chapter, shall be voidable at the election of the purchaser. The person making such disposition, and every director, officer, salesperson or agent of or for such person who shall have participated or aided in any way in making such disposition, shall be jointly and severally liable to such purchaser in any action at law in any court of competent jurisdiction for the consideration paid for the lot, parcel, unit or interest, together with interest at the rate of six percent (6%) per year from the date of payment, property taxes and assessments paid, court costs and reasonable attorney’s fees, less the amount of any income received from the subdivided lands, upon tender of appropriate instruments of reconveyance made at any time before the entry of judgment. If the purchaser no longer owns the lot, parcel, unit or interest in subdivided lands, he may recover the amount that would be recoverable upon a tender of a reconveyance less the value of the land when disposed of and less interest at the rate of six percent (6%) per year on that amount from the date of disposition.
(2) No action shall be brought under this section for the recovery of the consideration paid after five (5) years from the date of such disposition.
(3) Any stipulation or provision purporting to bind any person acquiring subdivided lands to waive compliance with this chapter or any rule or order under it is void.
(4) The rights and remedies provided by this chapter shall be in addition to any and all other rights and remedies that may exist at law or in equity.
History:
[55-1819, added 1972, ch. 276, sec. 19, p. 667; am. 2010, ch. 214, sec. 19, p. 480.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1819A - NONCOMPLIANCE — UNFAIR PRACTICE UNDER THE IDAHO CONSUMER PROTECTION ACT.

55-1819A. NONCOMPLIANCE — UNFAIR PRACTICE UNDER THE IDAHO CONSUMER PROTECTION ACT. Any offer or disposition made in violation of this chapter constitutes an unfair and deceptive act or practice pursuant to chapter 6, title 48, Idaho Code.
History:
[55-1819A, added 2010, ch. 214, sec. 20, p. 480.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1820 - JURISDICTION.

55-1820. JURISDICTION. (1) Dispositions of subdivided lands are subject to this chapter, and the district courts of this state have jurisdiction in claims or causes of action arising under this chapter if:
(a) The subdivider’s principal office is located in this state; or
(b) Any offer or disposition of subdivided lands is made in this state, whether or not the offeror or offeree is then present in this state, if the offer originates within this state or is directed by the offeror to a person or place in this state and received by the person or at the place to which it is directed.
(2) Any person who makes a disposition of subdivided lands in this state, whether or not the subdivided lands are registered in this state, has thereby submitted to the jurisdiction of the state of Idaho and to the administrative jurisdiction of the commission and shall be subject to all penalties and remedies available under Idaho law for any violation of the provisions of this chapter.
History:
[55-1820, added 1972, ch. 276, sec. 20, p. 667; am. 2010, ch. 214, sec. 21, p. 481.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1821 - SERVICE OF PROCESS.

55-1821. SERVICE OF PROCESS. In addition to the methods of service provided for in the Idaho rules of civil procedure and Idaho statutes, service may be made on a person who has filed a consent to service of process by delivering a copy of the process to the office of the commission, but it is not effective unless the plaintiff (which may be the commission in a proceeding instituted by it):
(1) Forthwith sends a copy of the process and of the pleading by certified or registered mail to the defendant or respondent at his last known address; and
(2) The plaintiff’s affidavit of compliance with this section is filed in the case on or before the return day of the process, if any or within such further time as the court allows.
History:
[55-1821, added 1972, ch. 276, sec. 21, p. 667; am. 2010, ch. 214, sec. 22, p. 481.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1822 - EVIDENTIARY MATTERS.

55-1822. EVIDENTIARY MATTERS. (1) In any action, civil or criminal, where a defense is based upon any exemption provided for in this chapter, the burden of proving the existence of such exemption shall be upon the party raising such defense.
(2) In any action, civil or criminal, a certificate signed and sealed by the commission stating compliance or noncompliance with the provisions of this chapter shall be admissible in any such action.
History:
[55-1822, added 1972, ch. 276, sec. 22, p. 667; am. 2010, ch. 214, sec. 23, p. 481.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 18 - SALE OR DISPOSITION OF LAND LOCATED OUTSIDE THE STATE › Section 55-1823 - PENALTIES.

55-1823. PENALTIES. Any person who shall willfully violate any provision of this chapter or who willfully violates any rule or order of the commission made and served upon said person pursuant to the provisions of this chapter, or who shall willfully engage in any act, practice or transaction declared by any provision of this chapter to be unlawful shall be guilty of a felony.
History:
[55-1823, added 1972, ch. 276, sec. 23, p. 667; am. 1972, ch. 387, sec. 1, p. 1118; am. 2010, ch. 214, sec. 24, p. 481.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 19 - RECORDING OF SURVEYS › Section 55-1901 - PURPOSE.

55-1901. PURPOSE. The purpose of this chapter is to provide a method for preserving evidence of land surveys by providing for a public record of surveys. The provisions shall be deemed supplementary to existing laws relating to surveys, subdivisions, platting and boundaries.
History:
[55-1901, added 1978, ch. 107, sec. 1, p. 221.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 19 - RECORDING OF SURVEYS › Section 55-1902 - DEFINITIONS.

55-1902. DEFINITIONS. As used in this chapter:
(1) "Basis of bearing" means the bearing in degrees, minutes and seconds, or equivalent, of a line between two (2) monuments or two (2) monumented corners that serves as the reference bearing for all other lines on the survey. A description of the bearing system used to include a complete citation of the datum, epoch, and name of the published projection must be shown on the survey. If a custom projection is used, the datum, epoch, and defining parameters of the projection sufficient to replicate the bearing system shall also be shown on the survey. For surveys where the bearing system is shown in accordance with this subsection, the convergence angle computed at a minimum of one monument on the survey must be shown.
(2) "Corner," unless otherwise defined, means a property corner, or a property controlling corner, or a public land survey corner, or any combination of these.
(3) "GPS" is the abbreviation for global positioning system, which is satellite surveying based on observations of the electromagnetic signals broadcast from the U.S. department of defense’s NAVSTAR GPS system.
(4) "Idaho coordinate system" means that system of plane coordinates as established and designated by chapter 17, title 55, Idaho Code.
(5) "Land survey" means measuring the field location of corners that:
(a) Determine the boundary or boundaries common to two (2) or more ownerships;
(b) Retrace or establish land boundaries;
(c) Retrace or establish boundary lines of public roads, streets, alleys or trails; or
(d) Plat lands and subdivisions thereof.
(6) "Monument" means a physical structure or object intended to mark, reference, or witness a line, corner, or position.
(7) "Property controlling corner" 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.
(8) "Property corner" means a geographic point on the surface of the earth and is on, a part of, and controls a property.
(9) "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 and the U.S. department of the interior, bureau of land management.
(10) "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 known and recorded, that serves to locate the corner.
(11) "Surveyor" means every person authorized by the state of Idaho to practice the profession of land surveying.
History:
[55-1902, added 1978, ch. 107, sec. 1, p. 221; am. 1997, ch. 190, sec. 17, p. 529; am. 2004, ch. 83, sec. 1, p. 311; am. 2011, ch. 136, sec. 17, p. 394; am. 2017, ch. 86, sec. 2, p. 233; am. 2022, ch. 43, sec. 8, p. 121.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 19 - RECORDING OF SURVEYS › Section 55-1903 - COMPLIANCE WITH CHAPTER REQUIRED.

55-1903. COMPLIANCE WITH CHAPTER REQUIRED. Any surveyor legally engaged in the practice of land surveying shall comply with the provisions of this chapter.
History:
[55-1903, added 1978, ch. 107, sec. 1, p. 222.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 19 - RECORDING OF SURVEYS › Section 55-1904 - RECORDS OF SURVEY — WHEN FILING REQUIRED.

55-1904. RECORDS OF SURVEY — WHEN FILING REQUIRED. After making a land survey in conformity with established principles of land surveying, a surveyor shall file a record of survey with the county recorder in the county or counties wherein the lands surveyed are situated. A record of survey shall be filed within ninety (90) days after completing any survey which:
(1) Discloses a material discrepancy with previous surveys of record;
(2) Establishes boundary lines and/or corners not previously existing or of record;
(3) Results in the setting of monuments at corners of record which were not previously monumented;
(4) Produces evidence or information which varies from, or is not contained in, surveys of record relating to the public land survey, lost public land corners or obliterated land survey corners; or
(5) Results in the setting of monuments that conform to the requirements of section 54-1227, Idaho Code, at the corners of an easement or lease area.
History:
[55-1904, added 1978, ch. 107, sec. 1, p. 222; am. 2006, ch. 136, sec. 1, p. 391; am. 2011, ch. 136, sec. 18, p. 394.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 19 - RECORDING OF SURVEYS › Section 55-1905 - RECORDS OF SURVEY — FILING.

55-1905. RECORDS OF SURVEY — FILING. The records of survey to be filed under authority of this chapter shall be processed as follows:
(1) The record of survey shall be a map using the same media and copy process as provided in section 50-1304, Idaho Code. The map shall be eighteen (18) inches by twenty-seven (27) inches in size, with a three and one-half (3 1/2) inch margin at the left end for binding, and a one-half (1/2) inch margin on all other edges. No part of the drawing or certificates shall encroach upon the margins. Signatures shall be in reproducible black ink. The sheet or sheets which contain the drawing or diagram representing the survey shall be drawn at a scale suitable to ensure the clarity of all lines, bearings and dimensions. In the event that any survey is of such magnitude that the drawing or diagram cannot be placed on a single sheet, serially numbered sheets shall be prepared and match lines shall be indicated on the drawing or diagram with appropriate references to other sheets.
(2) The original transparency and one (1) legible print of each record of survey shall be furnished to the county recorder in the county or counties in which the survey is to be recorded.
History:
[55-1905, added 1978, ch. 107, sec. 1, p. 222; am. 1997, ch. 190, sec. 18, p. 530; am. 2015, ch. 48, sec. 6, p. 106.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 19 - RECORDING OF SURVEYS › Section 55-1906 - RECORDS OF SURVEY — CONTENTS.

55-1906. RECORDS OF SURVEY — CONTENTS. The records of survey shall, at a minimum, show:
(1) All monuments found or set or reset or replaced, or removed, describing their kind, size, location using bearings and distances, and giving other data relating thereto;
(2) Evidence of compliance with chapter 16, title 55, Idaho Code, including instrument numbers of the most current corner records related to the survey being submitted and instrument numbers of corner records of corners which are set in conjunction with the survey being submitted; basis of bearings, bearing and length of lines, graphic scale of map, and north arrow;
(3) Section, or part of section, township and range in which the survey is located and reference to surveys of record within or crossing or adjoining the survey;
(4) Certificate of survey;
(5) Ties to at least two (2) monuments from the following list:
(a) Public land survey corners;
(b) Center of section, quarter section corners, or sixteenth section corners, any of which were not monumented in an original survey of the United States, provided such corners have a corner record meeting the current requirements of chapter 16, title 55, Idaho Code; or
(c) Monuments recognized by the county surveyor.
Additionally, if required by the city or county governing bodies, the record shall provide coordinates based on the Idaho coordinate system.
Records of survey within previously platted subdivisions of record need not be tied to public land survey corner monuments; and
(6) Surveyor’s narrative. The narrative must explain:
(a) The purpose of the survey and how the boundary lines and other lines were established or reestablished and the reasoning behind the decisions;
(b) Which deed records, deed elements, survey records, found survey monuments, plat records, road records, or other pertinent data were controlling when establishing or reestablishing the lines; and
(c) For surveys that contain a vertical component, the narrative shall show the benchmarks used, the vertical datum referenced, and the methodology used to achieve the elevations.
History:
[55-1906, added 1978, ch. 107, sec. 1, p. 223; am. 1997, ch. 190, sec. 19, p. 530; am. 2004, ch. 83, sec. 2, p. 312; am. 2015, ch. 48, sec. 7, p. 107; am. 2019, ch. 58, sec. 2, p. 147; am. 2022, ch. 43, sec. 9, p. 122.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 19 - RECORDING OF SURVEYS › Section 55-1907 - COORDINATES — BASIS.

55-1907. COORDINATES — BASIS. When coordinates in the Idaho coordinate system are shown on a record of survey map, subdivision plat or a highway right-of-way plat, the map or the plat must show the national spatial reference system monuments and their coordinates used as the basis of the survey; the zone; the datum and adjustment; and the combined adjustment factor and the convergence angle and the location where they were computed.
History:
[55-1907, added 1978, ch. 107, sec. 1, p. 223; am. 1997, ch. 190, sec. 20, p. 531; am. 2010, ch. 256, sec. 11, p. 654.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 19 - RECORDING OF SURVEYS › Section 55-1908 - WHEN RECORD OF SURVEY NOT REQUIRED.

55-1908. WHEN RECORD OF SURVEY NOT REQUIRED. A record of survey is not required of any survey when:
(1) It is of a preliminary nature;
(2) A map is in preparation for recording or has been recorded under any other section of the Idaho Code, or pursuant to the laws of the United States;
(3) A survey is performed for a mineral claim location, amendment or relocation; or
(4) None of the conditions contained in section 55-1904, Idaho Code, exist and the principal purpose of the survey is to depict information other than the points of lines that define boundaries including, but not limited to, topographic surveys and construction surveys, staking and layout.
History:
[55-1908, added 1978, ch. 107, sec. 1, p. 223; am. 2011, ch. 136, sec. 19, p. 395.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 19 - RECORDING OF SURVEYS › Section 55-1909 - FILING FEE.

55-1909. FILING FEE. A fee of five dollars ($5.00) per page shall be charged for filing any record of survey.
History:
[55-1909, added 1978, ch. 107, sec. 1, p. 223; am. 1979, ch. 289, sec. 1, p. 768.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 19 - RECORDING OF SURVEYS › Section 55-1910 - DUTIES OF COUNTY RECORDER.

55-1910. DUTIES OF COUNTY RECORDER. The record of survey filed with the county recorder of any county shall be assigned an instrument number and shall be bound or filed with other plats of like character in a book or file or through an approved electronic storage system designated as "Records of Surveys."
Proper indexes or electronic segregated searchable and retrieval files shall be kept of such record of survey by section, township and range.
The survey map transparency shall be stored for safekeeping in a reproducible condition. It shall be proper for the recorder to maintain for public reference a set of counter maps that are prints of the transparencies. The transparencies shall be produced for comparison upon demand, and full scale copies shall be made available to the public, at direct cost, by the county recorder.
History:
[55-1910, added 1978, ch. 107, sec. 1, p. 223; am. 2005, ch. 243, sec. 10, p. 761.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 19 - RECORDING OF SURVEYS › Section 55-1911 - ERROR OF CLOSURE.

55-1911. ERROR OF CLOSURE. Any survey of land involving property boundaries including, but not limited to, public land survey lines, shall be conducted in such a manner as to produce an unadjusted mathematical error of closure of each area bounded by property lines within the survey of not more than one (1) part in five thousand (5,000).
History:
[55-1911, added 1984, ch. 263, sec. 1, p. 637; am. 2011, ch. 136, sec. 20, p. 395.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2001 - SHORT TITLE.

55-2001. SHORT TITLE. This chapter shall be known as and may be cited as the "Manufactured Home Residency Act."
History:
[55-2001, added 1980, ch. 177, sec. 1, p. 375; am. 2011, ch. 184, sec. 2, p. 523.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2002 - GOOD FAITH.

55-2002. GOOD FAITH. Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.
History:
[55-2002, added 1980, ch. 177, sec. 1, p. 375.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2004 - CHAPTER GOVERNS.

55-2004. CHAPTER GOVERNS. This chapter shall regulate and determine legal rights, remedies and obligations arising from any rental agreement between a landlord and a resident regarding a lot, except in those instances in which: (i) the landlord is renting both the lot and the home to the resident; or (ii) the lot is rented or held out for rent to a recreational vehicle or travel trailer, not including a park model recreational vehicle. All such rental agreements shall be unenforceable to the extent of any conflict with any provision of this chapter. This chapter does not abrogate any rights the landlord or resident has under the laws and constitution of the United States or the state of Idaho.
History:
[55-2004, added 1980, ch. 177, sec. 1, p. 376; am. 1988, ch. 196, sec. 2, p. 370; am. 2011, ch. 184, sec. 4, p. 524; am. 2017, ch. 134, sec. 11, p. 322.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2005 - RENTAL AGREEMENT.

55-2005. RENTAL AGREEMENT. (1) A written rental agreement or lease shall be executed in duplicate by the landlord and the prospective resident, each to receive a copy. The landlord shall provide a copy of the community rules when the prospective resident submits an application for residency and prior to the execution of the rental agreement. The provisions of this chapter shall apply to all such agreements and to all other rental agreements to the extent applicable as set forth in this chapter.
(2) The requirement of subsection (1) of this section shall not apply if:
(a) The community or part thereof has been acquired by eminent domain or condemnation for a public works project; or
(b) An employer-employee relationship exists between a landlord and resident.
(3) The provisions of this section shall apply to any tenancy in existence on the effective date of this act, but only after expiration of the term of any oral or written rental agreement governing such tenancy, not to exceed twelve (12) months from the date of enactment of this section. Existing contracts may be perpetuated by agreement of both parties. If a resident fails to sign and return to the landlord, who has acted in good faith, any new or amended rental agreement following the written notice provided in accordance with the provisions of section 55-2006, Idaho Code, and the resident continues to hold the premises after the expiration of the notice period, then the notice shall of itself operate and be effectual to create and establish, as part of the rental agreement, the terms, rent, conditions and rules specified in the notice.
History:
[55-2005, added 1980, ch. 177, sec. 1, p. 376; am. 1988, ch. 196, sec. 3, p. 371; am. 2011, ch. 184, sec. 5, p. 525.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2006 - ADJUSTMENTS TO RENT, SERVICES, UTILITIES OR RULES.

55-2006. ADJUSTMENTS TO RENT, SERVICES, UTILITIES OR RULES. (1) A landlord may increase or decrease rents after expiration of the lease term, but only with ninety (90) days’ written notice to the residents. Such written notice shall be sent by first class mail, certified mail or personal delivery.
(2) Rental increases shall be uniform throughout the community. When rents within a community are structured by reason of lot or home size, amenities, lot location or otherwise, rental increases shall be uniform among all homes in the same rent tier.
(3) A landlord shall give written notice of such change to each affected home owner at least ninety (90) days prior to any amendment to the rental agreement. The landlord may not amend the rental agreement or rules more frequently than once in a six (6) month period.
(4) Rents in communities are governed by the provisions of subsection (2) of section 55-307, Idaho Code, which provides that a local governmental unit shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential property.
(5) Notwithstanding the foregoing provisions, a rental agreement may include an escalation clause for a pro rata share of any increase or decrease in the community’s ad valorem taxes, utility assessments, or other services as included in the monthly rental charge, after the effective date of such a change. Issues of public safety, health or property degradation may also be included in this section. The landlord shall give thirty (30) days’ written notice to a resident before such an increase or decrease.
History:
[55-2006, added 1980, ch. 177, sec. 1, p. 376; am. 1988, ch. 196, sec. 4, p. 371; am. 1993, ch. 380, sec. 1, p. 1395; am. 2011, ch. 184, sec. 6, p. 525.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2008 - RULES.

55-2008. RULES. (1) A written rule of the community is enforceable against the resident if it is part of the rental agreement signed by the resident.
(2) A rule adopted or amended after the resident enters into the rental agreement is not enforceable unless the resident consents to it or is given ninety (90) days’ notice in writing except as provided in section 55-2006(5), Idaho Code. A rule change restricting the type or size of a home permitted in the community shall not apply to a resident whose home was in compliance with community rules prior to the adoption or amendment.
(3) Rules shall be fairly and uniformly enforced and contain the effective date.
History:
[55-2008, added 1980, ch. 177, sec. 1, p. 377; am. 1988, ch. 196, sec. 6, p. 372; am. 2010, ch. 168, sec. 1, p. 344; am. 2011, ch. 184, sec. 8, p. 527.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2009 - SALES OF HOMES AND TRANSFER OF LOTS.

55-2009. SALES OF HOMES AND TRANSFER OF LOTS. (1) No landlord shall deny any resident who owns his home the right to sell the home on a rented lot or require the resident to remove the home from the lot solely on the basis of the sale.
(2) The landlord shall not exact a commission or fee for the sale of a home on a rented space unless the landlord has acted as agent for the seller pursuant to a written agreement. The landlord may act as agent for the seller only upon the voluntary agreement of the seller and only if the landlord is licensed if licensure is required by law.
(3) A new rental agreement must be signed between the landlord and a prospective resident prior to the sale, transfer, assignment or subletting of the home if the home is to remain in the community. From the date of sale, assignment, transfer or subletting the new resident shall be bound by the terms of the agreement.
(4) The landlord shall approve or disapprove of the transfer, assignment or subletting of the home lot on the same basis that the landlord approves or disapproves of any new resident. Notice of approval or disapproval shall be given in writing within five (5) working days of receiving a written application.
(5) No home shall be removed from any community until the rent, including the month when the home is moved, together with all other charges specified in the rental agreement, are paid, or the provisions of section 55-2009A, Idaho Code, have been fully complied with and the landlord notified of date and time of removal.
History:
[55-2009, added 1980, ch. 177, sec. 1, p. 377; am. 1981, ch. 207, sec. 1, p. 372; am. 1988, ch. 196, sec. 7, p. 372.; am. 2011, ch. 184, sec. 9, p. 527.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2009A - NOTICE OF LIENHOLDER — LIMIT ON BACK RENT — ABANDONMENT.

55-2009A. NOTICE OF LIENHOLDER — LIMIT ON BACK RENT — ABANDONMENT. (1) Any lienholder or legal owner of a home who wants to be protected under this section must so notify the landlord in writing of his secured or legal interest.
(2) If the resident becomes sixty (60) days in arrears in his rent or at the time of suspected abandonment by the resident on a lot, it is incumbent upon the landlord to notify in writing the lienholder and legal owner of the home and to communicate to the lienholder and legal owner the liability for any rent and other charges specified in the rental agreement. The lienholder shall be responsible for utilities from the date of notice. However, the landlord shall be entitled to a maximum of sixty (60) days rent due prior to notice to lienholder. Any and all costs shall then become the responsibility of the legal owner or lienholder of the home. The home may not be removed from the lot without a signed written agreement from the landlord or manager showing clearance for removal, showing all moneys due and owing paid in full, or an agreement reached with the legal owner and the landlord.
History:
[55-2009A, added 1981, ch. 207, sec. 2, p. 373.; am. 2011, ch. 184, sec. 10, p. 528.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 20 - MANUFACTURED HOME RESIDENCY ACT › Section 55-2009B - SALE TO SATISFY LIENS.

55-2009B. SALE TO SATISFY LIENS. (1) When a home has been abandoned, the landlord, as the possessory lienholder, may proceed to conduct a sale of the abandoned home to satisfy the lien and costs of sale, if an authorization to conduct a lien sale has been issued by the department or a judgment has been entered in favor of the landlord on the claim which gives rise to the lien or the legal owner of the home and any lienholder have signed a release of any interest in the home.
(2) A possessory lienholder may apply to the department for the issuance of an authorization to conduct a lien sale. The application shall include all of the following information:
(a) A description of the abandoned home including the year and make and the vehicle identification number;
(b) The names and addresses of the legal owners of the abandoned home, if known, and the names and addresses of other persons whom the lienholder knows or reasonably should know to claim an interest in the home;
(c) A statement of the amount of the lien and the facts concerning the claim that give rise to the lien; and
(d) A statement that the lienholder has no information or belief that there is a valid defense to the claim that gives rise to the lien.
(3) Upon receipt of an application, the department shall send a copy of the application to the legal owners at their addresses of record with the department and to any other interested persons listed in the application. The department shall also send a notice which shall include the following information:
(a) That an application has been made with the department for the issuance of an authorization to conduct a lien sale;
(b) That the person has a legal right to a hearing in court;
(c) That if a hearing in court is desired, an enclosed declaration of opposition must be signed and returned;
(d) That if the declaration is signed and returned, the possessory lienholder will be allowed to sell the abandoned home only if he obtains a judgment in court or obtains a release from the legal owners;
(e) That the department will issue the authorization to conduct a lien sale unless the person signs and returns the declaration of opposition within ten (10) days after the date the notice was mailed; and
(f) That the person may be liable for costs if the lienholder brings an action and if a judgment is entered in favor of the lienholder.
(4) If the department receives a timely mailed declaration of opposition, it shall notify the possessory lienholder that he or she may not conduct a lien sale unless:
(a) A judgment has been entered in his or her favor on the claim which gives rise to the lien; or
(b) The legal owners of the abandoned home have signed a release of any interest in the home.
(5) An applicant shall include with his application for lien sale a fee of ten dollars ($10.00), which shall be deposited in the abandoned vehicle trust account. The fee shall be recoverable as a cost by the lienholder.
History:
[55-2009B, added 2011, ch. 184, sec. 11, p. 528.]