reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-909 - TITLE OF PURCHASER NOT IMPAIRED.

55-909. TITLE OF PURCHASER NOT IMPAIRED. The provisions of this chapter do not in any manner affect or impair the title of a purchaser for a valuable consideration, unless it appears that such purchaser had previous notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor.
History:
[(55-909) 1863, p. 540, sec. 21; R.S., sec. 3023; reen. R.C. & C.L., sec. 3172; C.S., sec. 5436; I.C.A., sec. 54-909.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-911 - INSOLVENCY DEFINED.

55-911. INSOLVENCY DEFINED. (1) A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets.
(2) A debtor that is generally not paying the debtor’s debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the transferee or debtor the burden of proving that it is probable that the debtor was solvent at the time of the transfer.
(3) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this act.
(4) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
History:
[55-911, added 1987, ch. 202, sec. 2, p. 425; am. 2015, ch. 342, sec. 2, p. 1291.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-912 - VALUE DEFINED.

55-912. VALUE DEFINED. (1) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promissor’s business to furnish support to the debtor or another person.
(2) For the purposes of sections 55-913(1)(b) and 55-914, Idaho Code, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.
(3) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
History:
[55-912, added 1987, ch. 202, sec. 2, p. 425.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-913 - TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT OR FUTURE CREDITOR.

55-913. TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT OR FUTURE CREDITOR. (1) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
(a) With actual intent to hinder, delay, or defraud any creditor of the debtor; or
(b) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
1. was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
2. intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor’s ability to pay as they became due.
(2) In determining actual intent under subsection (1)(a) of this section, consideration may be given, among other factors, as to whether:
(a) The transfer or obligation was to an insider;
(b) The debtor retained possession or control of the property transferred after the transfer;
(c) The transfer or obligation was disclosed or concealed;
(d) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
(e) The transfer was of substantially all the debtor’s assets;
(f) The debtor absconded;
(g) The debtor removed or concealed assets;
(h) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(i) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(j) The transfer occurred shortly before or shortly after a substantial debt was incurred; and
(k) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
(3) A creditor making a claim under subsection (1) of this section has the burden of proving the elements of the claim by a preponderance of the evidence.
History:
[55-913, added 1987, ch. 202, sec. 2, p. 425; am. 2015, ch. 342, sec. 3, p. 1292.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-914 - TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT CREDITOR.

55-914. TRANSFER OR OBLIGATION VOIDABLE AS TO PRESENT CREDITOR. (1) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
(2) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.
(3) Subject to section 55-911(2), Idaho Code, a creditor making a claim under subsection (1) or (2) of this section has the burden of proving the elements of the claim by a preponderance of the evidence.
History:
[55-914, added 1987, ch. 202, sec. 2, p. 426; am. 2015, ch. 342, sec. 4, p. 1292.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-915 - WHEN TRANSFER IS MADE OR OBLIGATION IS INCURRED.

55-915. WHEN TRANSFER IS MADE OR OBLIGATION IS INCURRED. For the purposes of this act:
(1) A transfer is made:
(a) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against which applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
(b) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this act that is superior to the interest of the transferee;
(2) If applicable law permits the transfer to be perfected as provided in subsection (1) of this section and the transfer is not so perfected before the commencement of an action for relief under this act, the transfer is deemed made immediately before the commencement of the action;
(3) If applicable law does not permit the transfer to be perfected as provided in subsection (1) of this section, the transfer is made when it becomes effective between the debtor and the transferee;
(4) A transfer is not made until the debtor has acquired rights in the asset transferred; and
(5) An obligation is incurred:
(a) If oral, when it becomes effective between the parties; or
(b) If evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.
History:
[55-915, dded 1987, ch. 202, sec. 2, p. 426; am. 2015, ch. 342, sec. 5, p. 1293.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-916 - REMEDIES OF CREDITOR.

55-916. REMEDIES OF CREDITOR. (1) In an action for relief against a transfer or obligation under this act, a creditor, subject to the limitations in section 55-917, Idaho Code, may obtain:
(a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim;
(b) An attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law; and
(c) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
1. an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
2. appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
3. any other relief the circumstances may require.
(2) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
History:
[55-916, added 1987, ch. 202, sec. 2, p. 427; am. 2015, ch. 342, sec. 6, p. 1293.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-918 - EXTINGUISHMENT OF A CAUSE OF ACTION.

55-918. EXTINGUISHMENT OF A CAUSE OF ACTION. A cause of action with respect to a transfer or obligation under this act is extinguished unless action is brought:
(1) Under section 55-913(1)(a), Idaho Code, not later than four (4) years after the transfer was made or the obligation was incurred or, if later, not later than one (1) year after the transfer or obligation was or could reasonably have been discovered by the claimant;
(2) Under section 55-913(1)(b) or 55-914(1), Idaho Code, not later than four (4) years after the transfer was made or the obligation was incurred; or
(3) Under section 55-914(2), Idaho Code, not later than one (1) year after the transfer was made or the obligation was incurred.
History:
[55-918, added 1987, ch. 202, sec. 2, p. 428; am. 2015, ch. 342, sec. 8, p. 1295.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-919 - GOVERNING LAW.

55-919. GOVERNING LAW. (1) In this section, the following rules shall determine a debtor’s location:
(a) A debtor who is an individual is located at the individual’s principal residence;
(b) A debtor that is an organization and has only one (1) place of business is located at its place of business; and
(c) A debtor that is an organization and has more than one (1) place of business is located at its chief executive office.
(2) A claim in the nature of a claim under this act is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.
History:
[55-919, added 2015, ch. 342, sec. 9, p. 1295.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-920 - APPLICATION OF GENERAL LAW.

55-920. APPLICATION OF GENERAL LAW. Unless displaced by the provisions of this act, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.
History:
[(55-920) 55-919, added 1987, ch. 202, sec. 2, p. 428; am. and redesig. 2015, ch. 342, sec. 10, p. 1295.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-921 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.

55-921. UNIFORMITY OF APPLICATION AND CONSTRUCTION. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
History:
[(55-921) 55-920, added 1987, ch. 202, sec. 2, p. 428; am. and redesig. 2015, ch. 342, sec. 11, p. 1296.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 9 - UNLAWFUL TRANSFERS › Section 55-922 - SHORT TITLE.

55-922. SHORT TITLE. This act, that was formerly cited as the "Uniform Fraudulent Transfer Act" may be cited as the "Uniform Voidable Transactions Act."
History:
[(55-922) 55-921, added 1987, ch. 202, sec. 2, p. 429; am. and redesig. 2015, ch. 342, sec. 12, p. 1296.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 10 - HOMESTEADS › Section 55-1001 - DEFINITIONS.

55-1001. DEFINITIONS. For purposes of this chapter:
(1) "Dwelling house" and "mobile home" include manufactured housing.
(2) "Homestead" means and consists of the dwelling house or the mobile home in which the owner resides or intends to reside, with appurtenant buildings, and the land on which the same are situated and by which the same are surrounded, or improved; or unimproved land owned with the intention of placing a house or mobile home thereon and residing thereon. A mobile home may be exempted under this chapter whether or not it is permanently affixed to the underlying land and whether or not the mobile home is placed upon a lot owned by the mobile home owner. Property included in the homestead must be actually intended or used as a principal home for the owner.
(3) "Net value" means market value less all liens and encumbrances.
(4) "Owner" includes, but is not limited to, a purchaser under a deed of trust, mortgage, or contract, or a person who takes the subject property under a life estate.
History:
[55-1001, added 1989, ch. 371, sec. 2, p. 934; am. 2000, ch. 226, sec. 1, p. 622.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 10 - HOMESTEADS › Section 55-1002 - FROM WHAT PROPERTY SELECTED.

55-1002. FROM WHAT PROPERTY SELECTED. If the owner is married, the homestead may consist of the community or jointly owned property of the spouses or the separate property of either spouse: Provided, that the same premises may not be claimed separately by the husband and wife with the effect of increasing the net value of the homestead available to the marital community beyond the amount specified in section 55-1003, Idaho Code. When the owner is not married, the homestead may consist of any of his or her property.
History:
[55-1002, added 1989, ch. 371, sec. 2, p. 934.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 10 - HOMESTEADS › Section 55-1003 - HOMESTEAD EXEMPTION LIMITED.

55-1003. HOMESTEAD EXEMPTION LIMITED. A homestead may consist of lands, as described in section 55-1001, Idaho Code, regardless of area, but the homestead exemption amount shall not exceed the sum of one hundred seventy-five thousand dollars ($175,000).
History:
[55-1003, added 1989, ch. 371, sec. 2, p. 934; am. 1992, ch. 14, sec. 1, p. 38; am. 2006, ch. 262, sec. 1, p. 814; am. 2020, ch. 232, sec. 2, p. 685.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 10 - HOMESTEADS › Section 55-1004 - AUTOMATIC HOMESTEAD EXEMPTION — CONDITIONS — DECLARATION OF HOMESTEAD — DECLARATION OF ABANDONMENT.

55-1004. AUTOMATIC HOMESTEAD EXEMPTION — CONDITIONS — DECLARATION OF HOMESTEAD — DECLARATION OF ABANDONMENT. (1) Property described in section 55-1001, Idaho Code, constitutes a homestead and is automatically protected by the exemption described in section 55-1003, Idaho Code, from and after the time the property is occupied as a principal residence by the owner or, if the homestead is unimproved or improved land that is not yet occupied as a homestead, from and after the declaration or declarations required in this section are filed for record or, if the homestead is a mobile home not yet occupied as a homestead and located on land not owned by the owner of the mobile home, from and after delivery of a declaration as described in section 55-1006, Idaho Code.
(2) An owner who selects a homestead from unimproved or improved land that is not yet occupied as a homestead must execute a declaration of homestead and file the same for record in the office of the recorder of the county in which the land is located. However, if the owner also owns another parcel of property on which the owner presently resides or in which the owner claims a homestead, the owner must also execute a declaration of abandonment of homestead on that other property and file the same for record with the recorder of the county in which the land is located.
(3) The declaration of homestead must contain:
(a) A statement that the person making it is residing on the premises or intends to reside thereon and claims the premises as a homestead;
(b) A legal description of the premises; and
(c) An estimate of the premises actual cash value.
(4) The declaration of abandonment must contain:
(a) A statement that a premises occupied as a residence or claimed as a homestead no longer constitutes the owner’s homestead;
(b) A legal description of the premises; and
(c) A statement of the date of abandonment.
(5) The declaration of homestead and declaration of abandonment of homestead must be acknowledged in the same manner as a grant of real property is acknowledged.
History:
[55-1004, added 1989, ch. 371, sec. 2, p. 934.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 10 - HOMESTEADS › Section 55-1005 - TO WHAT JUDGMENTS SUBJECT.

55-1005. TO WHAT JUDGMENTS SUBJECT. The homestead is subject to execution or forced sale in satisfaction of judgments obtained:
(1) Before the homestead was in effect, and which constitute liens upon the premises; or in an action in which an attachment was levied upon the premises before the homestead became effective.
(2) On debts secured by mechanic’s, laborer’s or vendor’s lien upon the premises.
(3) On debts secured by mortgages, deeds of trust or other consensual liens upon the premises, executed and acknowledged by the husband and wife or by an unmarried claimant.
(4) On debts secured by mortgages, deeds of trust or other consensual liens upon the premises, executed and recorded before the homestead became effective.
History:
[55-1005, added 1989, ch. 371, sec. 2, p. 935.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 10 - HOMESTEADS › Section 55-1006 - PRESUMPTION OF ABANDONMENT — DECLARATION OF NONABANDONMENT.

55-1006. PRESUMPTION OF ABANDONMENT — DECLARATION OF NONABANDONMENT. A homestead is presumed abandoned if the owner vacates the property for a continuous period of at least six (6) months. However, if an owner is going to be absent from the homestead for more than six (6) months but does not intend to abandon the homestead, and has no other principal residence, the owner may execute and acknowledge, in the same manner as a grant of real property is acknowledged, a declaration of nonabandonment of homestead and file the declaration for record in the office of the recorder of the county in which the property is situated. The declaration of nonabandonment of homestead must contain:
(1) A statement that the owner claims the property as a homestead, that the owner intends to occupy the property in the future, and that the owner claims no other property as a homestead;
(2) A statement of where the owner will be residing while absent from the homestead property, the estimated duration of the owner’s absence, and the reason for the absence; and
(3) A legal description of the homestead property.
History:
[55-1006, added 1989, ch. 371, sec. 2, p. 935.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 10 - HOMESTEADS › Section 55-1007 - CONVEYANCE OR ENCUMBRANCE BY HUSBAND AND WIFE.

55-1007. CONVEYANCE OR ENCUMBRANCE BY HUSBAND AND WIFE. The homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both husband and wife, except that a husband or a wife or both jointly may make and execute powers of attorney for the conveyance or encumbrance of the homestead.
History:
[55-1007, added 1989, ch. 371, sec. 2, p. 936.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 10 - HOMESTEADS › Section 55-1008 - HOMESTEAD EXEMPT FROM EXECUTION — WHEN PRESUMED VALID.

55-1008. HOMESTEAD EXEMPT FROM EXECUTION — WHEN PRESUMED VALID. (1) Except as provided in section 55-1005, Idaho Code, the homestead is exempt from attachment and from execution or forced sale for the debts of the owner up to the amount specified in section 55-1003, Idaho Code. The proceeds of the voluntary sale of the homestead in good faith for the purpose of acquiring a new homestead, and proceeds from insurance covering destruction of homestead property held for use in restoring or replacing the homestead property, up to the amount specified in section 55-1003, Idaho Code, shall likewise be exempt for one (1) year from receipt, and also such new homestead acquired with such proceeds.
(2) Every homestead created under this chapter is presumed to be valid to the extent of all the property claimed exempt, until the validity thereof is contested in a court of general jurisdiction in the county in which the homestead is situated.
History:
[55-1008, added 1989, ch. 371, sec. 2, p. 936.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 10 - HOMESTEADS › Section 55-1009 - JUDGMENT AGAINST HOMESTEAD OWNER — LIEN ON EXCESS VALUE OF HOMESTEAD PROPERTY.

55-1009. JUDGMENT AGAINST HOMESTEAD OWNER — LIEN ON EXCESS VALUE OF HOMESTEAD PROPERTY. A judgment against the owner of a homestead shall become a lien on the value of the homestead property in excess of the homestead exemption from the time the judgment creditor records the judgment with the recorder of the county where the property is located.
History:
[55-1009, added 1989, ch. 371, sec. 2, p. 936.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 10 - HOMESTEADS › Section 55-1010 - LIABILITY FOR DEBTS OF OWNER.

55-1010. LIABILITY FOR DEBTS OF OWNER. The homestead shall not be held liable for the debts of the owner, except as provided in this title or in section 56-218, Idaho Code.
History:
[55-1010, added 2004, ch. 131, sec. 2, p. 450.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 10 - HOMESTEADS › Section 55-1011 - EXEMPTION OF PENSION MONEY AND RETIREMENT OR PROFIT-SHARING BENEFITS FROM LEGAL PROCESSES.

55-1011. EXEMPTION OF PENSION MONEY AND RETIREMENT OR PROFIT-SHARING BENEFITS FROM LEGAL PROCESSES. (1) Except as provided in subsection (2) of this section, any money or other assets payable to a participant or beneficiary from or any interest of any participant or beneficiary in, a retirement or profit-sharing plan that is qualified under sections 401(a), 403(a), 403(b), 408, 408A or 409 of the internal revenue code, as amended, is exempt from all claims of judgment creditors of the beneficiary or participant arising out of a negligent or otherwise wrongful act or omission of the beneficiary or participant resulting in monetary damages to the judgment creditor. The exemption provided by this subsection shall be in addition to that provided in this chapter.
(2) Any plan or arrangement described in subsection (1) of this section is not exempt from the claims of an alternate payee under a qualified domestic relations order. However, the interest of any alternate payee under a qualified domestic relations order is exempt from all claims of any creditor, other than the department of health and welfare, or the alternate payee. As used in this subsection, the terms "alternate payee" and "qualified domestic relations order" have the meanings ascribed to them in section 414(p) of the internal revenue code of 1986.
(3) The provisions of subsection (1) of this section apply to any proceeding that is filed on or after July 1, 1988.
History:
[(55-1011) 1988, ch. 358, sec. 1, p. 1061; 55-1201A am. and redesignated 55-1011, 1989, ch. 371, sec. 3, p. 937; am. 1999, ch. 337, sec. 1, p. 915.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 11 - SALE OF HOMESTEAD ON EXECUTION › Section 55-1101 - EXECUTION AGAINST HOMESTEAD.

55-1101. EXECUTION AGAINST HOMESTEAD. When an execution for the enforcement of a judgment, obtained in a case not within the classes before enumerated, is levied upon the homestead, the judgment creditor may apply to the district court of the county in which the homestead is situated for the appointment of persons to appraise the value thereof.
History:
[(55-1101) 1863, p. 575, sec. 3; R.S., sec. 3043; reen. R.C. & C.L., sec. 3181; C.S., sec. 5445; I.C.A., sec. 54-1101.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 11 - SALE OF HOMESTEAD ON EXECUTION › Section 55-1102 - APPLICATION FOR APPRAISEMENT.

55-1102. APPLICATION FOR APPRAISEMENT. The application must be made upon a verified petition, showing:
1. The fact that an execution has been levied upon the homestead.
2. The name of the claimant.
3. That the value of the homestead exceeds the amount of the homestead exemption.
History:
[(55-1102) 1863, p. 575, sec. 3; R.S., sec. 3044; reen. R.C. & C.L., sec. 3182; C.S., sec. 5446; I.C.A., sec. 54-1102.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 11 - SALE OF HOMESTEAD ON EXECUTION › Section 55-1103 - FILING OF APPLICATION.

55-1103. FILING OF APPLICATION. The petition must be filed with the clerk of the district court.
History:
[(55-1103) R.S., sec. 3045; reen. R.C. & C.L., sec. 3183; C.S., sec. 5447; I.C.A., sec. 54-1103; am. 2012, ch. 20, sec. 26, p. 74.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 11 - SALE OF HOMESTEAD ON EXECUTION › Section 55-1104 - NOTICE OF HEARING.

55-1104. NOTICE OF HEARING. A copy of the petition, with a notice of the time and place of hearing, must be served upon the claimant at least two (2) days before the hearing.
History:
[(55-1104) R.S., sec. 3046; reen. R.C. & C.L., sec. 3184; C.S., sec. 5448; I.C.A., sec. 54-1104.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 11 - SALE OF HOMESTEAD ON EXECUTION › Section 55-1105 - APPOINTMENT OF APPRAISERS.

55-1105. APPOINTMENT OF APPRAISERS. At the hearing the judge may, upon proof of the service of a copy of the petition and notice, and of the facts stated in the petition, appoint three (3) disinterested residents of the county to appraise the value of the homestead.
History:
[(55-1105) 1863, p. 575, sec. 3; R.S., sec. 3047; reen. R.C. & C.L., sec. 3185; C.S., sec. 5449; I.C.A., sec. 54-1105.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 11 - SALE OF HOMESTEAD ON EXECUTION › Section 55-1106 - OATH OF APPRAISERS.

55-1106. OATH OF APPRAISERS. The persons appointed, before entering upon the performance of their duties, must take an oath to faithfully perform the same.
History:
[(55-1106) R.S., sec. 3048; reen. R.C. & C.L., sec. 3186; C.S., sec. 5450; I.C.A., sec. 54-1106.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 11 - SALE OF HOMESTEAD ON EXECUTION › Section 55-1107 - APPRAISAL.

55-1107. APPRAISAL. They must view the premises and appraise the value thereof, and if the appraised value exceeds the homestead exemption, they must determine whether the land claimed can be divided without material injury.
History:
[(55-1107) 1863, p. 575, sec. 3; R.S., sec. 3049; reen. R.C. & C.L., sec. 3187; C.S., sec. 5451; I.C.A., sec. 54-1107.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 11 - SALE OF HOMESTEAD ON EXECUTION › Section 55-1108 - REPORT OF APPRAISERS.

55-1108. REPORT OF APPRAISERS. Within ten (10) days after their appointment they must make to the judge a report in writing, which report must show the appraised value and their determination upon the matter of a division of the land claimed.
History:
[(55-1108) 1863, p. 575, sec. 3; R.S., sec. 3050; reen. R.C. & C.L., sec. 3188; C.S., sec. 5452; I.C.A., sec. 54-1108.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 11 - SALE OF HOMESTEAD ON EXECUTION › Section 55-1109 - ORDER SETTING ASIDE EXEMPT PORTION.

55-1109. ORDER SETTING ASIDE EXEMPT PORTION. If, from the report, it appears to the judge that the land claimed can be divided without material injury, he must, by an order, direct the appraisers to set off to the claimant so much of the land, including the residence, as will amount in value to the homestead exemption, and the execution may be enforced against the remainder of the land.
History:
[(55-1109) 1863, p. 575, sec. 3; R.S., sec. 3051; reen. R.C. & C.L., sec. 3189; C.S., sec. 5453; I.C.A., sec. 54-1109.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 11 - SALE OF HOMESTEAD ON EXECUTION › Section 55-1110 - ORDER FOR SALE OF PREMISES.

55-1110. ORDER FOR SALE OF PREMISES. If, from the report, it appear to the judge that the land claimed exceeds in value the amount of the homestead exemption, and that it can not be divided, he must make an order directing its sale under the execution.
History:
[(55-1110) 1863, p. 575, sec. 3; R.S., sec. 3052; reen. R.C. & C.L., sec. 3190; C.S., sec. 5454; I.C.A., sec. 54-1110.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 11 - SALE OF HOMESTEAD ON EXECUTION › Section 55-1111 - BID MUST EXCEED EXEMPTION.

55-1111. BID MUST EXCEED EXEMPTION. At such sale no bid must be received unless it exceeds the amount of the homestead exemption.
History:
[(55-1111) 1863, p. 575, sec. 3; R.S., sec. 3053; reen. R.C. & C.L., sec. 3191; C.S., sec. 5455; I.C.A., sec. 54-1111.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 11 - SALE OF HOMESTEAD ON EXECUTION › Section 55-1112 - DISPOSAL OF PROCEEDS OF SALE.

55-1112. DISPOSAL OF PROCEEDS OF SALE. If the sale is made, the proceeds thereof, to the amount of the homestead exemption, must be paid to the claimant, and the balance applied to the satisfaction of the execution.
History:
[(55-1112) 1863, p. 575, sec. 3; R.S., sec. 3054; reen. R.C. & C.L., sec. 3192; C.S., sec. 5456; I.C.A., sec. 54-1112.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 11 - SALE OF HOMESTEAD ON EXECUTION › Section 55-1113 - EXEMPTION OF PROCEEDS OF SALE.

55-1113. EXEMPTION OF PROCEEDS OF SALE. The money paid to the claimant is entitled, for the period of six (6) months thereafter, to the same protection against legal process and the voluntary disposition of the husband, which the law gives to the homestead.
History:
[(55-1113) 1863, p. 575, sec. 3; R.S., sec. 3055; reen. R.C. & C.L., sec. 3193; C.S., sec. 5457; I.C.A., sec. 54-1113.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 11 - SALE OF HOMESTEAD ON EXECUTION › Section 55-1114 - COMPENSATION OF APPRAISERS.

55-1114. COMPENSATION OF APPRAISERS. The court must fix the compensation of the appraisers, not to exceed five dollars ($5.00) per day each for the time actually engaged.
History:
[(55-1114) R.S., sec. 3056; reen. R.C. & C.L., sec. 3194; C.S., sec. 5458; I.C.A., sec. 54-1114.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 11 - SALE OF HOMESTEAD ON EXECUTION › Section 55-1115 - COSTS OF PROCEEDINGS.

55-1115. COSTS OF PROCEEDINGS. The execution creditor must pay the costs of these proceedings in the first instance; but if the appraised value exceeds the homestead exemption the amount so paid must be added as costs on execution, and collected accordingly.
History:
[(55-1115) R.S., sec. 3057; reen. R.C. & C.L., sec. 3195; C.S., sec. 5459; I.C.A., sec. 54-1115.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 14 - UNCLAIMED PROPERTY › Section 55-1401 - PROPERTY HELD FOR CHARGES.

55-1401. PROPERTY HELD FOR CHARGES. When any goods, merchandise or other property has been received by any railroad or express company, or other common carrier, commission merchant, innkeeper or warehouseman for transportation or safekeeping, and is not delivered to the owner, consignee or other authorized person, the carrier, commission merchant, innkeeper or warehouseman may hold or store the same with some responsible person, until the freight and all just and reasonable charges are paid.
History:
[(55-1401) R.S., sec. 1160; reen. R.C. & C.L., sec. 1546; C.S., sec. 2582; I.C.A., sec. 54-1401.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 14 - UNCLAIMED PROPERTY › Section 55-1402 - SALE OF UNCLAIMED PROPERTY.

55-1402. SALE OF UNCLAIMED PROPERTY. If no person calls for the property within four (4) months from the receipt thereof and pays freight and charges thereon, the carrier, commission merchant, innkeeper or warehouseman may sell such property, or so much thereof as will pay freight and charges, at auction to the highest bidder, first having given twenty (20) days’ notice of the time and place of sale, to the owner, consignee or consignor, when known, and by advertisement in a daily paper ten (10) days (or if in a weekly paper, four (4) weeks), published where such sale is to take place; and if any surplus is left, after paying freight, storage, cost of advertising and other reasonable charges, the same must be paid over to the owner of such property at any time thereafter, upon demand being made therefor within sixty (60) days after the sale.
History:
[(55-1402) R.S., sec. 1161; compiled and reen. R.C. & C.L., sec. 1547; C.S., sec. 2583; I.C.A., sec. 54-1402.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 14 - UNCLAIMED PROPERTY › Section 55-1403 - DISPOSITION OF PROCEEDS.

55-1403. DISPOSITION OF PROCEEDS. If the owner or his agent fails to demand such surplus within sixty (60) days of the time of such sale, then it must be paid into the county treasury, subject to the order of the owner.
History:
[(55-1403) R.S., sec. 1162; reen. R.C. & C.L., sec. 1548; C.S., sec. 2584; I.C.A., sec. 54-1403.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 14 - UNCLAIMED PROPERTY › Section 55-1404 - RECOVERY OF CHARGES ADVANCED.

55-1404. RECOVERY OF CHARGES ADVANCED. When any commission merchant or warehouseman receives, on consignment, produce, merchandise or other property, and makes advances thereon for freight and charges, he may, if the same is not paid to him within four (4) months from the date of such advances, cause the produce, merchandise or property on which the advances were made, to be advertised and sold as provided herein.
History:
[(55-1404) R.S., sec. 1163; reen. R.C. & C.L., sec. 1549; C.S., sec. 2585; I.C.A., sec. 54-1404.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1501 - SHORT TITLE.

55-1501. SHORT TITLE. This act shall be known and may be cited as the "Condominium Property Act."
History:
[55-1501, added 1965, ch. 225, sec. 1, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1502 - PURPOSE — PUBLIC POLICY.

55-1502. PURPOSE — PUBLIC POLICY. Whereas, the availability of more adequate financing for construction, land development and improvement, and business expansion is beneficial and advantageous to the development of the state of Idaho and in the public interest, and, whereas, the condominium estate is a concept of holding property, which concept should be clarified in the state of Idaho to permit and facilitate the construction and development of condominiums and condominium projects, together with the financing of the same;
Now, therefore, the condominium estate in property is hereby declared to be a lawful estate in property and consistent with the public policy of the state of Idaho.
History:
[55-1502, added 1965, ch. 225, sec. 2, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1503 - DEFINITIONS.

55-1503. DEFINITIONS. As used in this act unless the context otherwise requires:
(a) "Condominium" means an estate in property as defined in section 55-101B, Idaho Code, as amended.
(b) "Project" means the entirety of the property divided or to be divided into condominiums.
(c) "Property" means the land described in the declaration recorded pursuant to section 55-1505, together with every building, improvement or structure thereon, and every easement or right appurtenant thereto, and all personal property intended for use in connection therewith or for the use, benefit or enjoyment of the condominium owners.
(d) "Unit" means the separate interest in a condominium.
(e) "Common area" means the entire project excepting all units.
(f) "Management body" means any person or persons managing a project, and includes the condominium owners acting themselves, a corporation or association of which the owners are members or stockholders, a board of governors or directors elected by the owners, or a management agent selected by the owners, by the corporation or association, or by the board, or named in the declaration.
(g) "Limited common areas" mean those common areas and facilities designated in the declaration for use of a certain condominium owner or owners to the exclusion, limitation or restriction of others.
(h) "Person" means any individual or any corporation, joint venture, limited partnership, partnership, firm, association, trustee or other similar entity or organization.
History:
[55-1503, added 1965, ch. 225, sec. 3, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1504 - REQUIREMENTS TO QUALIFY.

55-1504. REQUIREMENTS TO QUALIFY. The requirements of this act shall apply to condominiums only (a) if there shall be recorded in the county in which such condominiums are located or to be located a declaration, as provided in this act, together with a plat or plats, and (b) if said documents, or either of them, contain an expression of intent to create a project which is subject to the provisions of this act, and (c) if at least one (1) of such documents contains:
(i) a plat or survey map of the surface of the ground included within the project,
(ii) diagrammatic floor plans of the building or buildings built or to be built thereon in sufficient detail to identify each unit, its relative location and approximate dimensions, showing elevations where multi-level or multi-story structures are diagramed, and
(iii) a certificate consenting to the recordation of such documents pursuant to this act, executed and acknowledged by the record owner and the holder of any recorded security interest in such property. A condominium project is created if there has been substantial compliance in good faith with the provisions of this section.
The declaration and the plat or plats may, prior to the first sale of a condominium, be amended or revoked by a subsequently recorded instrument executed and acknowledged by the then record owner and the then holder of any recorded security interest in such property. Until such recordation of such a revocation, the provisions of this act shall continue to apply to such property. The term "record owner" as used in this section means the owner or owners of the property; or, in the case of property held under a recorded lease, the lessee; or, in the case of property held under a recorded sublease of such a lease, the sublessee; or, in the case of property held under a recorded assignment of such a lease or such a sublease, the assignee, but does not include holders or owners of unrecorded interests, or mineral interests, of easements or of rights of way.
History:
[55-1504, added 1965, ch. 225, sec. 4, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1506 - ADMINISTRATION — BY-LAWS — ARTICLES OF INCORPORATION — RECORDATION REQUIRED TO MODIFY OR AMEND.

55-1506. ADMINISTRATION — BY-LAWS — ARTICLES OF INCORPORATION — RECORDATION REQUIRED TO MODIFY OR AMEND. Except when a domestic corporation has been formed and is designated in the declaration to serve as a management body and to administer the project, the administration of every project shall be governed by by-laws, which may either be embodied in the declaration or in a separate instrument which shall be recorded with the declaration. When a domestic corporation is so formed and designated the owner or owners shall append to and record with the declaration a certified copy of its articles of incorporation from which it must appear (a) that the purpose for which such corporation was formed and its powers are consistent with the provisions of this act and (b) that the members or stockholders of the corporation must be and remain owners of condominiums within the said project and include all owners of condominiums within the project. When a corporate organization is so utilized, the administration of the project need not be governed by by-law provisions hereinafter set forth but shall be subject to the law of corporations. No modification or amendment of the declaration, of such articles or of recorded by-laws shall be effective until the same is recorded in the county where the original document was first recorded.
History:
[55-1506, added 1965, ch. 225, sec. 6, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1507 - CONTENTS OF BYLAWS.

55-1507. CONTENTS OF BYLAWS. The bylaws referred to in section 55-1506, Idaho Code, when required, shall provide for at least the following:
(a) The election from among the unit owners of a board of managers, the number of persons constituting such board, and that the terms of at least one third (1/3) of the members of the board shall expire annually; the powers and duties of the board; the compensation, if any, of the members of the board; the method of removal from office of members of the board; and whether or not the board may engage the services of a manager or managing agent.
(b) Method of calling meetings of the unit owners; what percentage of the unit owners, if other than a majority, shall constitute a quorum.
(c) Election of a president from among the board of managers, who shall preside over the meetings of the board of managers and of the unit owners.
(d) Election of a secretary, who shall keep the minutes of all meetings of the board of managers and of the unit owners and who shall, in general, perform all the duties incident to the office of secretary.
(e) Election of a treasurer, who shall keep the financial records and books of account.
(f) Maintenance, repair and replacement of the common elements and payments therefor, including the method of approving payment vouchers.
(g) Method of estimating the amount of the annual budget, and the manner of assessing and collecting from the unit owners their respective shares of such estimated expenses, and of any other expenses lawfully agreed upon.
(h) That after notice received by the manager or board of managers and within five (5) business days thereafter, any unit owner shall be furnished a statement of his account setting forth the amount of any unpaid assessments or other charges due and owing from such owner and other amounts set forth in section 55-1528, Idaho Code.
(i) Designation and removal of personnel necessary for the maintenance, repair and replacement of the common elements.
(j) Such restrictions on and requirements respecting the use and maintenance of the units and the use of the common elements, not set forth in the declaration, as are designed to prevent unreasonable interference with the use of their respective units and of the common elements by the several unit owners.
(k) Method of adopting and of amending administrative rules and regulations governing the operation and use of the common elements.
(l) The percentage of votes required to modify or amend the bylaws, but each one of the particulars set forth in this section shall always be embodied in the bylaws.
History:
[55-1507, added 1965, ch. 225, sec. 7, p. 515; am. 2018, ch. 205, sec. 2, p. 457.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1508 - RECORDATION OF INSTRUMENTS AFFECTING PROJECT.

55-1508. RECORDATION OF INSTRUMENTS AFFECTING PROJECT. The declaration, plat or plats, deeds, by-laws, administrative provisions, articles of incorporation as provided in section 55-1506[, Idaho Code], any instrument by which the provisions of this act may be waived, and every instrument affecting the project or any condominium, and any amendment or amendments to such documents, shall be entitled to be recorded by the county recorder in the county or counties where the project is located, and such official shall accept the same for recordation when requested to do so.
History:
[55-1508, added 1965, ch. 225, sec. 8, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1509 - GRANT — PHYSICAL BOUNDARIES OF UNITS — INCIDENTS EXCLUDED — COMMON AREAS — DECORATING RIGHTS OF OWNER.

55-1509. GRANT — PHYSICAL BOUNDARIES OF UNITS — INCIDENTS EXCLUDED — COMMON AREAS — DECORATING RIGHTS OF OWNER. Unless otherwise expressly provided in the declaration, deeds, plat or plats, the incidents of a condominium grant are as follows:
(a) The physical boundaries of the unit are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the unit includes both the portions of the building so described and the airspace so encompassed. The following are not part of the unit: bearing walls, columns, floors, roofs, foundations, elevator equipment and shafts, central heating, central refrigeration and central air-conditioning equipment, reservoirs, tanks, pumps and other central services, pipes, ducts, flues, chutes, conduits, wires and other utility installations, wherever located, except the outlets thereof when located within the unit. In interpreting the declaration, plat or plats, and deeds, the existing physical boundaries of the unit as originally constructed or as reconstructed in lieu thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed or depicted in the declaration, plat or plats, or deed, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown in the declaration, plat or plats, or deed, and the actual boundaries of units in the building.
(b) The common areas are owned by the owners of the condominiums as their interests appear and are set forth in the declaration pursuant to section 55-1505(1)(c)[, Idaho Code].
(c) A nonexclusive right of ingress, egress and support through the common areas is appurtenant to each unit and the common areas are subject to such rights.
(d) Each condominium owner shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise maintain, refinish, and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his own unit, and the interior thereof.
History:
[55-1509, added 1965, ch. 225, sec. 9, p. 515.]
2023 Idaho Code › Title 55 - PROPERTY IN GENERAL › Chapter 15 - CONDOMINIUM PROPERTY ACT › Section 55-1510 - REMOVAL OF PROPERTY FROM LAW — COMMON OWNERSHIP — RESUBMISSION.

55-1510. REMOVAL OF PROPERTY FROM LAW — COMMON OWNERSHIP — RESUBMISSION. Unless otherwise provided in the declaration, a project may be removed from the provisions of this act by a vote or written consent of the condominium owners owning at least a two-thirds (2/3) interest in the common areas as percentages of interest are allocated pursuant to section 55-1505(1)(c)[, Idaho Code], and by filing for record in the county where the project is located a written instrument signed and acknowledged by such owners wherein it is stated that such described project is so withdrawn, provided, holders of all liens affecting any of the units or the common must consent or agree thereto in writing by recorded written instrument in which event their liens shall be deemed forthwith, and without change of seniority, transferred (a) to the former condominium owner’s undivided interest in the property as hereinafter provided if such lien was upon a condominium, and (b) upon the entire property if the lien was specifically upon the common areas or the project as a whole and not upon any particular condominium or condominiums; provided further, however, nothing herein contained shall be construed to restrict the right to limit, prohibit or make other provisions respecting withdrawal from this act by provision in the declaration.
Upon such removal under this section the property shall be deemed to be owned in common and each former condominium owner shall have an exclusive right to the occupancy of what formerly was his unit. Removal of a project from the provisions of this act shall in no way bar the subsequent resubmission of the property to the provisions of this act.
History:
[55-1510, added 1965, ch. 225, sec. 10, p. 515.]