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title-55•Title 55 — Property in General
Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.
Real property or real estate consists of:
Lands, possessory rights to land, ditch and water rights, and mining claims, both lode and placer.
That which is affixed to land.
That which is appurtenant to land.
[(55-101) R.S., sec. 2825; reen. R.C. & C.L., sec. 3056; C.S., sec. 5325; I.C.A., sec. 54-101.]
Lands are the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock or other substance, and include free or occupied space for an indefinite distance upwards as well as downwards, subject to limitations upon the use of airspace imposed and rights in the use of airspace granted, by law.
[55-101A, added 1965, ch. 104, sec. 1, p. 190.]
A condominium is an estate consisting of (i) an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof, together with (ii) a separate interest in real property, in an interest or interests in real property, or in any combination thereof.
[55-101B, added 1965, ch. 104, sec. 2, p. 190.]
Every kind of property that is not real is personal.
[55-102, added R.S., sec. 2826; reen. R.C. & C.L., sec. 3057; C.S., sec. 5326; I.C.A., sec. 54-102.]
(1) Except as provided in subsection (2) or (3) of this section, any person, whether citizen or alien, may take, hold, and dispose of property, real or personal.
(2) Notwithstanding any provision of law to the contrary, on and after the effective date of this subsection, a foreign government or a foreign state-controlled enterprise shall not purchase, acquire, or hold any controlling interest in agricultural land, forest land, water rights, mining claims, or mineral rights in the state of Idaho. This subsection does not apply to any interest in agricultural land, forest land, water rights, mining claims, or mineral rights acquired by a foreign government or foreign state-controlled enterprise prior to the effective date of this subsection or to any foreign pension fund.
(3) Notwithstanding any other provision of law to the contrary, a foreign principal from a foreign adversary shall not purchase, acquire, or hold any controlling interest, except a de minimis indirect interest, in agricultural land, water rights, mining claims, or mineral rights in the state of Idaho. A foreign principal has a de minimis indirect interest if any ownership is the result of the foreign principal’s ownership of registered equities in a publicly traded company owning the land and if the foreign principal’s ownership in the company is either:
(a) Less than five percent (5%) of any class of registered equities or less than five percent (5%) in the aggregate in multiple classes of registered equities; or
(b) A noncontrolling interest in an entity controlled by a company that is both registered with the United States securities and exchange commission as an investment advisor under the investment advisers act of 1940, as amended, and is not a foreign entity.
(4) A foreign principal that directly or indirectly owns or otherwise controls agricultural land, water rights, mining claims, or mineral rights in the state of Idaho must sell, transfer, or otherwise divest itself of the agricultural land, mining claims, or mineral rights within one hundred eighty (180) days of the effective date of this act.
(5) A foreign principal that directly or indirectly owns or acquires agricultural land, water rights, or any interest in such land in this state must register with the Idaho state department of agriculture within sixty (60) days of the effective date of this act or the date of acquisition, whichever is latest. The department must establish a form for such registration, which, at a minimum, must include all of the following:
(a) The name of the owner of the agricultural land, water rights, or the owner of the interest in such land;
(b) The address of the agricultural land, the property appraiser’s parcel identification number, and the property’s legal description; and
(c) The number of acres of agricultural land.
(6) A foreign principal that directly owns or acquires mining claims or mineral rights or any interest in such claims in this state must register with the Idaho department of lands and the Idaho secretary of state within sixty (60) days of the effective date of this act or the date of acquisition, whichever is latest. The foreign principal shall be registered to do business with the Idaho secretary of state’s office. The Idaho department of lands shall provide the form for such registration, which at a minimum must include the following:
(a) The mineral lease number with lease length and premises by parcel and acres; and
(b) The application for use of state land by the individual or legal entity.
(7) Notwithstanding the provisions of subsection (3) of this section, a foreign principal from a foreign adversary country may acquire agricultural land, mining claims, or mineral rights on or after July 1, 2025, by devise or descent, through the enforcement of security interests, or through the collection of debts, provided that the foreign principal sells, transfers, or otherwise divests itself of the agricultural land, water rights, mining claims, or mineral rights within one hundred eighty (180) days of acquiring the agricultural land, mining claims, or mineral rights.
(8) The provisions of subsections (3) through (7) of this section shall not apply to an entity that has a national security agreement with the committee on foreign investment in the United States as of July 1, 2025, and maintains such national security agreement.
(9) The Idaho state department of agriculture and department of lands shall adopt rules, subject to legislative approval, to implement the provisions of this section.
(10) The responsibility for determining whether an entity is subject to this section rests solely with the foreign entity, the attorney general, or any qualifying whistleblower, and no other individual or entity. An individual or entity who is not a foreign entity shall not be required to determine or inquire whether another person or entity is or may be subject to the provisions of this section and shall bear no civil or criminal liability under this section.
(11) If a foreign principal from a foreign adversary country does not divest the public or private lands, mining claims, or mineral rights as required by this section, the attorney general shall commence an action in the district court within the jurisdiction of the public or private land, mining claims, or mineral rights.
(12) If the public or private land is held in violation of this section, the district court shall order that the public or private land be sold through judicial foreclosure.
(13) Proceeds of the sale shall be disbursed to lienholders, in the order of priority, except for liens that, under the terms of the sale, are to remain on the public or private land.
(14) Any individual may act as a whistleblower and provide a referral to the office of the attorney general for violations of this section.
(15) If a whistleblower referral results in a divestiture of land, mining claims, or mineral rights or other assets held in violation of this section, the whistleblower shall be entitled to a reward equal to thirty percent (30%) of the proceeds of the land, mining claims, mineral rights, or asset sale resulting from a violation of this section after payment of lienholders. Proceeds of the sale shall be disbursed in the following order:
(a) To bona fide lienholders, in order of priority, except for liens that, under the terms of the sale, are to remain on the property;
(b) The payment of authorized costs of the sale, including all approved fees and expenses of the referee and any taxes and assessments due;
(c) The payment, in an amount approved by the court, to the attorney general for reimbursement of investigation and litigation costs and expenses;
(d) To whistleblowers; and
(e) To the restricted foreign entity.
(16) The whistleblower enforcement provision takes effect one hundred eighty (180) days after the enforcement date of this section.
(17) As used in this section:
(a) "Agricultural land" shall have the same meaning as "land actively devoted to agricultural purposes" as provided in section 63-604, Idaho Code.
(b) "Controlling interest" means:
(i) Possession of more than fifty percent (50%) of the ownership interest in an entity; or
(ii) A percentage of ownership interest in an entity that is fifty percent (50%) or less if a foreign government actually directs the business and affairs of the entity without the requirement or consent of any other party.
(c) "Foreign adversary" means any foreign government or foreign non-government person engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or security and safety of United States persons as determined under 15 CFR 791.4, as it existed on January 1, 2025.
(d) "Foreign government" means a government other than the federal government of the United States or the government of any state, political subdivision of a state, territory, federally recognized Indian tribe, or possession of the United States.
(e) "Forest land" means privately owned or state-owned land being held and used primarily for the continuous purpose of growing and harvesting trees of a marketable species. Having met the above criteria, forest land includes:
(i) Forest land is land evidenced by present use and silvicultural treatment.
(ii) Forest land is land that has a dedicated use that is further evidenced by a forest land management plan that includes eventual harvest of the forest crop.
(iii) Forest land is land bearing forest growth or land that has not been converted to another use.
(iv) Forest land is land that has had the trees removed by man through harvest, including clear-cuts or by natural disaster, such as but not limited to fire, and which within five (5) years after harvest or initial assessment will be reforested as specified in the forest practices act, chapter 13, title 38, Idaho Code.
(f) "Foreign pension fund" means a trust, corporation, or other entity created or organized under the law of a country other than the United States to provide retirement or pension fund benefits. However, the term "foreign pension fund" shall not include any trust, corporation, or other entity that is owned by or subject to a controlling interest of a sovereign wealth fund.
(g) "Foreign principal" means:
(i) The government or any official of the government of a foreign adversary;
(ii) A political party or member of a political party or any subdivision of a political party of a foreign adversary;
(iii) A partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign adversary, or a subsidiary of such entity, owned or controlled wholly or in part by any person, entity, or collection of persons or entities of a foreign adversary;
(iv) Any person who is domiciled in a foreign adversary and is not a citizen or lawful permanent resident of the United States; and
(v) Any person, entity, or collection of persons or entities described in this paragraph having a controlling interest in a partnership, association, corporation, organization, trust, or any other legal entity or subsidiary formed for the purpose of owning real property.
(h) "Mineral right" shall have the same meaning as provided in section 47-701, Idaho Code.
(i) "Mining claim" means a portion of land containing minerals that a miner has a right to occupy and possess for the purpose of extracting minerals.
(j) "State-controlled enterprise" means a business enterprise, however denominated, sovereign wealth fund, or state-backed investment fund in which a foreign government has a controlling interest.
(k) "Water right" shall have the same meaning as provided in section 42-230, Idaho Code.
(18)(a) The attorney general shall investigate acquisitions of interests in real property reasonably suspected of violating the prohibitions provided for in subsection (2) of this section upon receipt of a complaint alleging such violation.
(b) The attorney general shall enforce the prohibitions provided for in subsection (2) of this section for any interest in land, rights, or claims held in violation of the provisions of subsection (2) of this section by petitioning the district court for an order and judgment that: finds such violation; appoints a receiver; and authorizes the receiver to sell such land, rights, or claims. For a receivership proceeding under this section:
(i) Proceeds of the sale shall be disbursed to lienholders, in order of priority, except for liens that, under the terms of the sale, are to remain on the land, rights, or claims;
(ii) At the receivership sale, lienholders shall be permitted to have a credit bid; and
(iii) Any excess proceeds shall be disbursed to the owner of record of the real property.
(c) Upon the commencement of an action provided for in this section, the attorney general shall promptly file a notice of lis pendens with the court.
(d) Upon the entry of a court order appointing a receiver and authorizing the receiver’s powers to sell the property pursuant to the provisions of this section, the attorney general shall promptly record a copy of the court order in the office of the county where the property is located that is responsible for the maintenance of property records.
(e) No title to land, rights, or claims shall be invalid or subject to divestiture due to a violation of the provisions of this section by any former owner or other individual or entity having formerly held or owned an interest in the real property.
(f) Divestiture of a foreign government’s or foreign state-controlled enterprise’s title under this section shall not be a basis to void, invalidate, or otherwise extinguish any bona fide mortgage, lien, or other interest granted by, through, or under the foreign government or foreign state-controlled enterprise.
(g) No person or entity that is not a foreign government or a foreign state-controlled enterprise shall bear any civil or criminal liability for failing to determine or to make an inquiry about whether an individual or other entity is a foreign government or a foreign state-controlled enterprise.
[55-103, added R.S., sec. 2827; reen. R.C. & C.L., sec. 3058; C.S., sec. 2827; I.C.A., sec. 54-103; am. 2023, ch. 251, sec. 1, p. 768; am. 2024, ch. 24, sec. 1, p. 177; am. 2025, ch. 270, sec. 1, p. 1158; am. 2025, ch. 326, sec. 2, p. 1345; am. 2026, ch. 251, sec. 22, p. 1073.]
Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, or unless acquired as community property.
[55-104, added R.S., sec. 2828; reen. R.C. & C.L., sec. 3059; C.S., sec. 5328; I.C.A., sec. 54-104.]
A future interest is vested when there is a person in being who would have a right, defeasible or indefeasible, to the immediate possession of the property upon the ceasing of the immediate or precedent interest.
[55-105, added R.S., sec. 2830; reen. R.C. & C.L., sec. 3061; C.S., sec. 5329; I.C.A., sec. 54-105.]
A future interest is contingent whilst the person in whom, or the event upon which, it is limited to take effect remains uncertain.
[55-106, added R.S., sec. 2831; reen. R.C. & C.L., sec. 3062; C.S., sec. 5330; I.C.A., sec. 54-106.]
Two (2) or more future interests may be created to take effect in the alternative; so that if the first in order fails to vest, the next in succession shall be substituted for it, and take effect accordingly.
[55-107, added R.S., sec. 2832; reen. R.C. & C.L., sec. 3063; C.S., sec. 5331; I.C.A., sec. 54-107.]
When a future interest is limited to successors, heirs, issue or children, posthumous children are entitled to take in the same manner as if living at the death of their parent.
[55-108, added R.S., sec. 2833; reen. R.C. & C.L., sec. 3064; C.S., sec. 5332; I.C.A., sec. 54-108.]
Future interests pass by succession, will and transfer in the same manner as present interests.
[(55-109) R.S., sec. 2834; reen. R.C. & C.L., sec. 3065; C.S., sec. 5333; I.C.A., sec. 54-109.]
A mere possibility, such as the expectancy of an heir apparent, is not to be deemed an interest of any kind.
[(55-110) R.S., sec. 2835; reen. R.C. & C.L., sec. 3066; C.S., sec. 5334; I.C.A., sec. 54-110.]
There shall be no rule against perpetuities applicable to real or personal property.
[(55-111) R.S., sec. 2836; reen. R.C. & C.L., sec. 3067; C.S., sec. 5335; I.C.A., sec. 54-111; am. 1957, ch. 54, sec. 1, p. 92; am. 2008, ch. 77, sec. 1, p. 204.]
(1) The absolute power of alienation of property cannot be suspended by any limitation or condition whatever, for a longer permissible period than during the continuance of the lives of the persons in being at the creation of the limitation or condition, and twenty-five (25) years thereafter. No trust heretofore or hereafter created, either testamentary or inter vivos, shall be declared void, but shall be so construed as to eliminate parts violating the above provisions, and in such a way that the testators or trustors wishes are carried out to the greatest extent permitted by this section; and there shall be no presumption that a person is capable of having children at any stage of adult life.
(2) If a future interest or trust is created by exercise of a power of appointment, the permissible period is computed from the time the power is exercised if the power is a general power including a testamentary general power or from the time the power is created if the power is not a general power.
(3) Notwithstanding the provisions of subsection (1) of this section, there is no suspension of the power of alienation of property by a trust or by equitable interests under a trust if the trustee has power to sell, either express or implied, or if there is an unlimited power to terminate in one (1) or more persons in being.
(4) Furthermore, the provisions of subsection (1) of this section shall not limit transfers, outright or in trust, for charitable purposes or transfers to charitable entities.
[55-111A, added 2008, ch. 77, sec. 2, p. 205.]
A future interest, depending on the contingency of the death of any person without successors, heirs, issue or children, is defeated by the birth of a posthumous child of such person capable of taking by succession.
[(55-112) R.S., sec. 2837; reen. R.C. & C.L., sec. 3068; C.S., sec. 5336; I.C.A., sec. 54-112.]
No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger or otherwise.
[(55-113) R.S., sec. 2838; reen. R.C. & C.L., sec. 3069; C.S., sec. 5337; I.C.A., sec. 54-113.]
No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency on which the future interest is limited to take effect; but should such contingency afterward happen, the future interest takes effect in the same manner and to the same extent as if the precedent interest had continued to the same period.
[(55-114) R.S., sec. 2839; reen. R.C. & C.L., sec. 3070; C.S., sec. 5338; I.C.A., sec. 54-114.]
(1) A foreign principal from a foreign adversary country shall not be allowed to directly or indirectly purchase, hold, rent, or otherwise control any property in Idaho within the geographic boundaries described by the following coordinates: N4200 W11700, N4320 W11700, N4320 W11600, N4300 W11600, N4300 W11500, N4200 W11500.
(2) A foreign principal that directly or indirectly controls any property covered by subsection (1) of this section must sell, transfer, or otherwise divest itself of control of the property within one hundred eighty (180) days of the effective date of this act.
(3) A foreign principal from a foreign adversary country that acquires, directly or indirectly, control of property covered by subsection (1) of this section after July 1, 2025, by devise, descent, through the enforcement of security interests, or the collection of debts must sell, transfer, or otherwise divest itself of the property within one hundred eighty (180) days of acquiring control of the property.
(4) If a foreign principal from a foreign adversary country does not divest the public or private lands as required by this section, the attorney general shall commence an action in the district court within the jurisdiction of the public or private land.
(5) If the public or private land is held in violation of this section, the district court shall order that the public or private land be sold through judicial foreclosure.
(6) Proceeds of the sale shall be disbursed to lienholders, in the order of priority, except for liens that, under the terms of the sale, are to remain on the public or private land.
(7) Any individual may act as a whistleblower and provide a referral to the office of the attorney general for violations of this section.
(8) If a whistleblower referral results in a divestiture of land or other assets held in violation of this section, the whistleblower shall be entitled to a reward equal to thirty percent (30%) of the proceeds of the land sale resulting from a violation of this section. Proceeds of the sale shall be disbursed in the following order:
(a) The payment of authorized costs of the sale, including all approved fees and expenses of the referee and any taxes and assessments due;
(b) The payment, in an amount approved by the court, to the attorney general for reimbursement of investigation and litigation costs and expenses;
(c) To bona fide lienholders, in the order of priority, except for liens that, under the terms of the sale, are to remain on the property;
(d) To whistleblowers; and
(e) To the restricted foreign entity.
(9) The whistleblower enforcement provision takes effect one hundred eighty (180) days after the effective date of this section.
(10) As used in this section, "military base" or "installation" means any land, structure, or property owned or controlled by any division of the department of defense, Idaho national guard, or any other department of government, state or federal, vital to the safety and security of the state of Idaho or the United States.
(11) The responsibility for determining whether an entity is subject to this section rests solely with the foreign entity, the attorney general, or any qualifying whistleblower, and no other individual or entity. An individual or entity who is not a foreign entity shall not be required to determine or inquire whether another person or entity is or may be subject to this section and shall bear no civil or criminal liability under this section.
[55-115, added 2025, ch. 326, sec. 3, p. 1348.]
A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate, or on the termination, by lapse of time or otherwise, of a precedent estate created at the same time.
[(55-201) R.S., sec. 2850; reen. R.C. & C.L., sec. 3071; C.S., sec. 5339; I.C.A., sec. 54-201.]
A contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited die under the age of twenty-one (21) years, or upon any other contingency by which the estate of such persons may be determined before they attain majority.
[(55-202) R.S., sec. 2851; reen. R.C. & C.L., sec. 3072; C.S., sec. 5340; I.C.A., sec. 54-202.]
Successive estates for life cannot be limited, except to persons in being at the creation thereof, and all life estates subsequent to those of persons in being are void; and upon the death of those persons the remainder, if valid in its creation, takes effect in the same manner as if no other life estate had been created.
[(55-203) R.S., sec. 2852; reen. R.C. & C.L., sec. 3073; C.S., sec. 5341; I.C.A., sec. 54-203.]
No remainder can be created upon successive estates for life, provided for in the preceding section, unless such remainder is in fee; nor can a remainder be created upon such estate in a term for years, unless it is for the whole residue of such term.
[(55-204) R.S., sec. 2853; reen. R.C. & C.L., sec. 3074; C.S., sec. 5342; I.C.A., sec. 54-204.]
A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder is to be deemed a conditional limitation.
[(55-205) R.S., sec. 2854; reen. R.C. & C.L., sec. 3075; C.S., sec. 5343; I.C.A., sec. 54-205.]
When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate, are the successors or heirs of the body of the owner for life, are entitled to take by virtue of the remainder, so limited to them, and not as mere successors of the owner for life.
[(55-206) R.S., sec. 2855; reen. R.C. & C.L., sec. 3076; C.S., sec. 5344; I.C.A., sec. 54-206.]
A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed.
[(55-207) R.S., sec. 2856; reen. R.C. & C.L., sec. 3077; C.S., sec. 5345; I.C.A., sec. 54-207.]
A tenancy or other estate at will, however created, may be terminated:
(1) By the landlord’s giving notice in writing to the tenant, in the manner prescribed by the code of civil procedure, to remove from the premises within a period of not less than one (1) month, to be specified in the notice; or
(2) By the tenant giving notice in writing to the landlord that the tenant will be vacating the premises, on a date as specified in the notice, but not less than one (1) month from the date of notice.
[(55-208) R.S., sec. 2857; reen. R.C. & C.L., sec. 3078; C.S., sec. 5346; I.C.A., sec. 54-208; am. 2002, ch. 295, sec. 1, p. 848.]
After such notice has been served, and the period specified by such notice has expired, but not before, the landlord may reenter, or proceed according to law to recover possession.
[(55-209) R.S., sec. 2858; reen. R.C. & C.L., sec. 3079; C.S., sec. 5347; I.C.A., sec. 54-209.]
Whenever the right of reentry is given to a grantor or a lessor in any grant or lease, or otherwise, such reentry may be made at any time after the right has accrued, upon three (3) days’ notice, as provided in the Code of Civil Procedure.
[(55-210) R.S., sec. 2859; reen. R.C. & C.L., sec. 3080; C.S., sec. 5348; I.C.A., sec. 54-210.]
Summary proceedings for obtaining possession of real property forcibly entered, or forcibly and unlawfully detained, are provided for in the Code of Civil Procedure.
[(55-211) R.S., sec. 2860; reen. R.C. & C.L., sec. 3081; C.S., sec. 5349; I.C.A., sec. 54-211.]
An action for the possession of real property, leased or granted, with a right of reentry, may be maintained at any time, in the district court, after the right to reenter has accrued, without notice.
[(55-212) R.S., sec. 2861; reen. R.C. & C.L., sec. 3082; C.S., sec. 5350; I.C.A., sec. 54-212.]
A person to whom any real property is transferred or devised, upon which rent has been reserved or to whom such rent is transferred, is entitled to the same remedies for recovery of rent, for nonperformance of any of the terms of the lease, or for any waste or cause of forfeiture, as his grantor or devisor might have had.
[(55-301) R.S., sec. 2875; reen. R.C. & C.L., sec. 3083; C.S., sec. 5351; I.C.A., sec. 54-301.]
Whatever remedies the lessor of any real property has against his immediate lessee for the breach of any agreement in the lease, or for recovery of the possession, he has against the assignees of the lessee, for any cause of action accruing while they are such assignees, except where the assignment is made by way of security for a loan, and is not accompanied by possession of the premises.
[(55-302) R.S., sec. 2876; reen. R.C. & C.L., sec. 3084; C.S., sec. 5352; I.C.A., sec. 54-302.]
Whatever remedies the lessee of any real property may have against his immediate lessor, for the breach of any agreement in the lease, he may have against the assigns of the lessor, and the assigns of the lessee may have against the lessor and his assigns, except upon covenants against encumbrances or relating to the title or possession of the premises.
[(55-303) R.S., sec. 2877; reen. R.C. & C.L., sec. 3085; C.S., sec. 5353; I.C.A., sec. 54-303.]
(1) In all leases of lands or tenements, or of any interest therein from month to month, the landlord may, upon giving notice in writing at least fifteen (15) days before the expiration of the month, change the terms of the lease to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish, as a part of the lease, the terms, rent and conditions specified in the notice if the tenant shall continue to hold the premises after the expiration of the month.
(2) Notwithstanding subsection (1) of this section, in all leases of residential property, or of any interest therein, the landlord shall provide the tenant written notice of any increase in the amount of rent charged or of the landlord’s intention of nonrenewal of the lease at least thirty (30) days before:
(a) Such nonrenewal of the lease; or
(b) Such increase in the amount of rent charged is intended to take effect.
[(55-304) 55-307, R.S., sec. 2881; reen. R.C. & C.L., sec. 3089; C.S., sec. 5357; am. 1990, ch. 185, sec. 1, p. 414; am. 2020, ch. 254, sec. 1, p. 740; am. 2024, ch. 257, sec. 1, p. 896; am. and redesig. 2025, ch. 65, sec. 7, p. 313.]
(1) Any fees imposed on a residential tenant, including fees for the late payment of rent, shall be reasonable.
(2) An owner may not charge to the tenant of a rental property a fee, fine, assessment, interest, or other cost:
(a) In an amount greater than that agreed upon in the rental agreement; or
(b) That is not included in the rental agreement, unless:
(i) The rental agreement is an oral agreement; or
(ii) The rental agreement is written, and the owner provides the tenant a written thirty (30) day notice of the change in the fee, fine, assessment, interest, or other cost.
(3) The provisions of this section shall apply to rental agreements entered into or renewed on or after July 1, 2023.
(4) Nothing in this section shall be construed to limit the amount that can be charged for rent.
[(55-305) 55-314, added 2023, ch. 67, sec. 1, p. 228; am. and redesig. 2025, ch. 65, sec. 14, p. 315.]
A local governmental unit shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of mandating Idaho property owners to be forced to participate in an optional federal housing assistance program or any other program or law that would otherwise regulate rent, fees, or deposits charged for leasing private residential property. The provisions of this section do not impair the right of any local governmental unit to manage and control residential property in which the local governmental unit has a property interest.
[55-306, added 2025, ch. 65, sec. 6, p. 313.]
A tenant may remove from the demised premises, any time during the continuance of his term, anything affixed thereto for the purposes of trade, manufacture, ornament or domestic use, if the removal can be effected without injury to the premises, unless the thing has, by the manner in which it is affixed, become an integral part of the premises.
[(55-307) 55-308, R.S., sec. 2882; reen. R.C. & C.L., sec. 3090; C.S., sec. 5358; I.C.A., sec. 54-308; am. and redesig. 2025, ch. 65, sec. 8, p. 314.]
An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown.
[(55-308) 55-309, R.S., sec. 2883; reen. R.C. & C.L., sec. 3091; C.S., sec. 5359; I.C.A., sec. 54-309; am. and redesig. 2025, ch. 65, sec. 9, p. 314.]
Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjacent land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction, on using ordinary care and skill, and taking reasonable precautions to sustain the land of the other, and giving previous reasonable notice to the other of his intention to make such excavation.
[(55-309) 55-310 R.S., sec. 2884; reen. R.C. & C.L., sec. 3092; C.S., sec. 5360; I.C.A., sec. 54-310; am. and redesig. 2025, ch. 65, sec. 10, p. 314.]
Coterminous owners are mutually bound equally to maintain:
The boundaries and monuments between them.
The fences between them, unless one of them chooses to let his land lie without fencing, in which case, if he afterward incloses it, he must refund to the other the just proportion of the value, at that time, of any division fence made by the latter.
[(55-310) 55-312, R.S., sec. 2886; reen. R.C. & C.L., sec. 3094; C.S., sec. 5362; I.C.A., sec. 54-312; am. and redesig. 2025, ch. 65, sec. 12, p. 314.]
Where, for motor vehicle travel, any access which is less than a public dedication, has heretofore been or may hereafter be, constructed across private lands, the person or persons owning or controlling the private lands shall have the right at their own expense to change such access to any other part of the private lands, but such change must be made in such a manner as not to obstruct motor vehicle travel, or to otherwise injure any person or persons using or interested in such access.
[(55-311) 55-313, 1985, ch. 252, sec. 1, p. 586; am. and redesig. 2025, ch. 65, sec. 13, p. 315.]
Rent due upon a lease for life may be recovered in the same manner as upon a lease for years.
[(55-312) 55-304, R.S., sec. 2878; reen. R.C. & C.L., sec. 3086; C.S., sec. 5354; I.C.A., sec. 54-304; am. and redesig. 2025, ch. 65, sec. 3, p. 313.]
Rent dependent on the life of a person may be recovered after as well as before his death.
[(55-313) 55-305 R.S., sec. 2879; reen. R.C. & C.L., sec. 3087; C.S., sec. 5355; I.C.A., sec. 54-305; am. and redesig. 2025, ch. 65, sec. 4, p. 313.]
The owner of a life estate must keep the buildings and fences in repair from ordinary waste, and must pay the taxes and other annual charges, and a just proportion of extraordinary assessments benefiting the whole inheritance.
[(55-314) 55-311, R.S., sec. 2885; reen. R.C. & C.L., sec. 3093; C.S., sec. 5361; I.C.A., sec. 54-311; am. and redesig. 2025, ch. 65, sec. 11, p. 314.]
A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and he has no interest in the property at the commencement of the action.
[(55-315) 55-306; R.S., sec. 2880; reen. R.C. & C.L., sec. 3088; C.S., sec. 5356; I.C.A., sec. 54-306; am. and redesig. 2025, ch. 65, sec. 5, p. 313.]
If there is no law to the contrary in the place where personal property is situated, it is deemed to follow the person of its owner and is governed by the law of his domicil.
[(55-401) R.S., sec. 2890; reen. R.C. & C.L., sec. 3095; C.S., sec. 5363; I.C.A., sec. 54-401.]
A thing in action arising out of the violation of a right of property, or out of an obligation, may be transferred by the owner. Upon the death of the owner it passes to his personal representatives, except where, in the cases provided in the Code of Civil Procedure, it passes to his devisees or successor in office.
[(55-402) R.S., sec. 2891; reen. R.C. & C.L., sec. 3096; C.S., sec. 5364; I.C.A., sec. 54-402.]
(1) Except as otherwise provided in subsection (4) of this section, any personal property that has come into the possession or custody of the sheriff of any county in this state or the city police department of any city in this state by reason of the same having been abandoned, impounded or otherwise left with the sheriff or city police department, or if originally taken into custody under legal process, such property has been lawfully released or discharged from the attachment or other process under which it was taken into custody and which remains unclaimed or unredeemed by the owner or one entitled to possession thereof for more than ninety (90) days from the date of such abandonment, impoundment, leaving, or release from attachment or other process under which the same was originally taken into custody, as the case may be, shall be subject to sale by the sheriff or city police department at public auction for cash on not less than five (5) or more than ten (10) days’ notice except as otherwise provided in subsection (2) of this section, the conduct and notice of which sale shall be given and had in conformity with sales on execution; provided, however, that prior to public auction, bicycles need only be unclaimed or unredeemed by the owner or one entitled to possession for more than sixty (60) days and that personal property with a fair market value of less than twenty-five dollars ($25.00) need only be unclaimed or unredeemed by the owner or one entitled to possession for more than thirty (30) days.
(2) Whenever the sheriff or city police department has knowledge of the name and address of the owner or one entitled to possession of personal property, a copy of such notice of sale at public auction as provided in subsection (1) of this section or of a bid for sale as provided in subsection (4) of this section, shall be mailed to such owner or one entitled to possession, with postage prepaid, at least fourteen (14) days prior to such sale.
(3) As many items of personal property may be noticed for sale and sold at the same sale as the sheriff or city police department may deem advisable, and said property may be sold singly or in lots or as a whole as the sheriff or city police department may determine. The sheriff or city police department shall give a bill of sale to the highest bidder upon payment of the amount bid upon payment of the bid price.
(4) (a) Any firearm or ammunition that meets the established specifications for official law enforcement duty use and will be used for official law enforcement duty use and which has come into the possession or custody of the sheriff of any county in this state or the city police department of any city in this state by reason of the firearm or ammunition having been abandoned, impounded or otherwise acquired by the sheriff or city police department, or if originally released or discharged from the attachment or other process under which it was taken into custody and which remains unclaimed or unredeemed by the owner or person entitled to possession thereof for more than six (6) months from the date of such abandonment, impoundment, leaving or release from attachment or other process under which the firearm or ammunition was originally taken into custody, as the case may be, may be converted by the county sheriff or city police department in the county or city in which it was first acquired. A serial number record shall be maintained for all firearms thus converted, and such record shall include the description, acquisition and disposition for each firearm converted.
(b) Any firearm or ammunition not converted for official law enforcement duty use as provided in subsection (4)(a) of this section, where such firearm or ammunition may be lawfully possessed by a licensed firearm dealer, shall be subject to sale to a licensed firearm dealer by sealed or opened bids after notification as provided in subsection (2) of this section. If no sale is completed for the firearm or ammunition pursuant to this paragraph, the firearm or ammunition may be converted to public agency ownership for official law enforcement purposes, provided an actual or appraised value is determined for each firearm or any ammunition converted. If the firearm or ammunition is not converted, or if following conversion the firearm or ammunition is deemed unusable or unsafe, the firearm or ammunition may be scrapped by melting or other method of destruction. The public agency shall maintain procedures and records as to the acquisition, serial number, location, use and final disposition of the firearm.
(c) Notwithstanding any other provision of law, a court shall direct the county sheriff or city police department to dispose of any firearm that has been used in the commission of a homicide in a manner the sheriff or city police department deems appropriate, provided however, this paragraph shall not apply to a firearm confiscated or otherwise acquired pursuant to an action under section 18-4009, 18-4011 or 18-4012, Idaho Code.
(5) Any public agency that confiscates a firearm shall maintain a serial number record, including a record of the acquisition and disposition, of such firearm and shall provide the firearm to the sheriff or city police department in the county or city in which the confiscation takes place. The firearm shall thereafter be handled in accordance with the provisions of this section.
[55-403, added 1957, ch. 131, sec. 1, p. 221; am. 1978, ch. 357, sec. 1, p. 940; am. 1986, ch. 136, sec. 1, p. 366; am. 2005, ch. 217, sec. 2, p. 691; am. 2021, ch. 183, sec. 1, p. 504.]
Except as provided in section 55-405, Idaho Code, the proceeds of said sale shall be applied first to all costs assessed or incurred against the personal property so sold including any storage charges as keepers’ fee and expenses of sale incurred by the sheriff or city police department, and the balance of such proceeds, if any, shall be kept by the sheriff or city police department in a separate fund for a period of one (1) year from the date of sale. Any person claiming title to, or ownership of, such proceeds by reason of ownership of such personal property at the time of sale by the sheriff or city police department shall make written application therefor to the sheriff or city police department. If satisfactory proof of such title or ownership is furnished within one (1) year of the receipt of such proceeds, then the said proceeds shall be delivered to the claimant. If no claim and proof is made before the expiration of one (1) year from the receipt of the proceeds, the same shall be paid by the sheriff to the county treasurer or by the city police department to the city clerk who shall credit the same to the general fund of the county or the city, as the case may be, and no claim therefor shall be thereafter considered.
[55-404, added 1957, ch. 131, sec. 2, p. 221; am. 1978, ch. 357, sec. 2, p. 941; am. 2002, ch. 131, sec. 1, p. 362.]
(1) Notwithstanding any other provision of law, any person who finds money or goods valued at one hundred dollars ($100) or more, excepting firearms, explosives or other deadly weapons as identified in chapter 33, title 18, Idaho Code, shall, if the owner of the money or goods is unknown, give written notice of the finding within ten (10) days to the county clerk of the county in which the money or goods were found. Within twenty (20) days after the date of the finding, the person who finds such money or goods shall cause to be published in a newspaper of general circulation in the county a notice of the finding once each week for two (2) consecutive weeks. Each such notice shall state:
(a) A general description of the money or goods found;
(b) The address and telephone number of the county clerk’s office; and
(c) The final date by which such money or goods must be claimed.
(2) If no person establishes ownership of the money or goods prior to the expiration of three (3) months from the date of the notice to the county clerk, as provided in subsection (1) of this section, the person who found such money or goods shall be the rightful owner thereof.
(3) (a) If any person who finds money or goods valued at one hundred dollars ($100) or more, excepting firearms, explosives or other deadly weapons as identified in chapter 33, title 18, Idaho Code, fails to comply with the provisions of subsection (1) of this section, such person shall be liable to the county for the money or goods or for the value of such money or goods.
(b) Upon forfeiture of the money or goods, or the value of such money or goods, as provided in this subsection, the county treasurer shall hold the money or goods or their value for the owner and shall publish in a newspaper of general circulation in the county a notice of the finding once each week for two (2) consecutive weeks. Each such notice shall state:
(i) A general description of the money or goods found;
(ii) The address and telephone number of the county treasurer’s office; and
(iii) The final date by which such money or goods must be claimed.
(c) If the owner does not reclaim the money or goods within three (3) months after the date of first publication of the notice by the county treasurer, the owner forfeits any rights to the money or goods or the value thereof and:
(i) If money, such money shall be placed in the general fund of the county for payment of the general operating expenses of the county; or
(ii) If goods, such goods shall be delivered to the sheriff of the county and sold at public auction as provided in section 55-403, Idaho Code. The proceeds of the sale of such goods shall be applied first to the costs of the sale and the remainder shall be placed in the general fund of the county for the payment of the general operating expenses of the county.
(4) An owner of money or goods found by another person who establishes a claim to such money or goods within the time period specified in this section shall have restitution of such money or goods, or their value, upon payment to the finder or the county treasurer, as applicable, of all costs and charges incurred in the finding, giving of notice, and care and custody of such money or goods.
(5) Nothing in this section shall be construed to affect the provisions of chapter 5, title 14, Idaho Code.
[55-405, added 2002, ch. 131, sec. 2, p. 362.]
A mere possibility not coupled with an interest cannot be transferred.
[(55-501) R.S., sec. 2900; reen. R.C. & C.L., sec. 3097; C.S., sec. 5365; I.C.A., sec. 54-501.]
A right of reentry or of repossession for breach of condition subsequent can be transferred.
[(55-502) R.S., sec. 2901; reen. R.C. & C.L., sec. 3098; C.S., sec. 5366; I.C.A., sec. 54-502.]
Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession.
[(55-503) 1863, p. 528, sec. 33; R.S., sec. 2902; reen. R.C. & C.L., sec. 3099; C.S., sec. 5367; I.C.A., sec. 54-503.]
A transfer may be made without writing, in every case in which a writing is not expressly required by statute.
[(55-504) R.S., sec. 2903; reen. R.C. & C.L., sec. 3100; C.S., sec. 5368; I.C.A., sec. 54-504.]
A transfer in writing is called a grant, or conveyance, or bill of sale.
[(55-505) R.S., sec. 2904; reen. R.C. & C.L., sec. 3101; C.S., sec. 5369; I.C.A., sec. 54-505.]
Words of inheritance or succession are not requisite to transfer a fee in real property.
[(55-506) 1863, p. 528, sec. 43; R.S., sec. 2905; reen. R.C. & C.L., sec. 3102; C.S., sec. 5370; I.C.A., sec. 54-506.]
Where a future interest is limited by a grant to take effect on the death of any person without heirs, or heirs of his body, or without issue, or in equivalent words, such words must be taken to mean successors, or issue living at the death of the person named as ancestor.
[(55-507) 1863, p. 528, sec. 44; R.S., sec. 2906; reen. R.C. & C.L., sec. 3103; C.S., sec. 5371; I.C.A., sec. 54-507.]
Every interest in real estate granted or devised to two (2) or more persons, other than executors or trustees, as such constitutes a tenancy in common, unless expressly declared in the grant or devise to be otherwise.
[(55-508) 1863, p. 528, sec. 42; R.S., sec. 2907; reen. R.C. & C.L., sec. 3104; C.S., sec. 5372; I.C.A., sec. 54-508.]
A conveyance of an estate in real property may be made by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing. The name of the grantee and his complete mailing address must appear on such instrument.
[(55-601) 1863, p. 528, sec. 1; R.S., sec. 2920; reen. R.C. & C.L., sec. 3105; C.S., sec. 5373; I.C.A., sec. 54-601; am. 1973, ch. 284, sec. 1, p. 600; am. 1989, ch. 105, sec. 1, p. 238.]
When an attorney in fact executes an instrument transferring an estate in real property, he must subscribe the name of his principal to it, and his own name as attorney in fact.
[(55-602) R.S., sec. 2925; reen. R.C. & C.L., sec. 3110; C.S., sec. 5374; I.C.A., sec. 54-602.]
(1) A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person whose estate is transferred, in the same manner and to the same extent as such property was obviously and permanently used by the person whose estate is transferred, for the benefit thereof, at the time when the transfer was agreed upon or completed.
(2) Easements in gross of a commercial character, whether existing or created in the future, may be transferred, assigned, or conveyed in accordance with the express language of the instrument. As used in this section, "easement in gross of a commercial character" means an easement that is a personal interest in or right to use the land of another:
(a) For the transmission or distribution of water, sewer, natural gas, or petroleum products;
(b) For the provision of telephone or data service;
(c) For the transmission, distribution, or transformation of electricity; or
(d) For purposes of commercial agricultural uses, including without limitation grazing of livestock, farming, and propagation and harvest of timber crops.
[(55-603) R.S., sec. 2926; reen. R.C. & C.L., sec. 3111; C.S., sec. 5375; I.C.A., sec. 54-603; am. 2022, ch. 276, sec. 1, p. 885.]
A fee simple title is presumed to be intended to pass by a grant of real property unless it appears from the grant that a lesser estate was intended.
[(55-604) 1863, p. 528, sec. 43; R.S., sec. 2927; reen. R.C. & C.L., sec. 3112; C.S., sec. 5376; I.C.A., sec. 54-604.]
Where a person purports by proper instrument to convey or grant real property in fee simple, and subsequently acquires any title or claim of title thereto, the same passes by operation of law to the grantee or his successors.
[(55-605) 1863, p. 528, sec. 32; R.S., sec. 2928; reen. R.C. & C.L., sec. 3113; C.S., sec. 5377; I.C.A., sec. 54-605.]
Every grant or conveyance of an estate in real property is conclusive against the grantor, also against every one subsequently claiming under him, except a purchaser or encumbrancer, who in good faith, and for a valuable consideration, acquires a title or lien by an instrument or valid judgment lien that is first duly recorded.
[(55-606) R.S., sec. 2929; reen. R.C. & C.L., sec. 3114; C.S., sec. 5378; I.C.A., sec. 54-606; am. 1989, ch. 107, sec. 1, p. 247.]
A grant made by the owner of an estate for life or years, purporting to transfer a greater estate than he could lawfully transfer, does not work a forfeiture of his estate, but passes to the grantee all the estate which the grantor could lawfully transfer.
[(55-607) R.S., sec. 2930; reen. R.C. & C.L., sec. 3115; C.S., sec. 5379; I.C.A., sec. 54-607.]
Where a grant is made upon condition subsequent, and is subsequently defeated by the nonperformance of the condition, the person otherwise entitled to hold under the grant must reconvey the property to the grantor or his successors, by grant duly acknowledged for record.
[(55-608) R.S., sec. 2931; reen. R.C. & C.L., sec. 3116; C.S., sec. 5380; I.C.A., sec. 54-608.]
An instrument purporting to be a grant of real property, to take effect upon condition precedent, does not pass the estate upon the performance of the condition. Such instrument is an executory contract for the conveyance of the property. Upon compliance with the condition, the grantee is entitled to a grant or conveyance, from the grantor or his successors, for the property, duly acknowledged for record.
[(55-609) R.S., sec. 2932; reen. R.C. & C.L., sec. 3117; C.S., sec. 5381; I.C.A., sec. 54-609.]
Grants of rents or of reversions or of remainders are good and effectual without attornments of the tenants; but no tenant who, before notice of the grant, has paid rent to the grantor, must suffer any damage thereby.
[(55-610) 1863, p. 528, sec. 47; R.S., sec. 2933; reen. R.C. & C.L., sec. 3118; C.S., sec. 5382; I.C.A., sec. 54-610.]
A transfer of land, bounded by a highway, passes the title of the person whose estate is transferred to the soil of the highway in front, to the center thereof, unless a different intent appears from the grant.
[(55-611) R.S., sec. 2934; reen. R.C. & C.L., sec. 3119; C.S., sec. 5383; I.C.A., sec. 54-611.]
From the use of the word "grant" in any conveyance by which an estate of inheritance, possessory right, or fee simple is to be passed, the following covenants, and none other, on the part of the grantor, for himself and his heirs, to the grantee, his heirs and assigns, are implied, unless restrained by express terms contained in such conveyance:
That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, or any right, title or interest therein, to any person other than the grantee.
That such estate is at the time of the execution of such conveyance free from encumbrances done, made or suffered by the grantor, or any person claiming under him. Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.
[(55-612) 1863, p. 528, sec. 50; R.S., sec. 2935; reen. R.C. & C.L., sec. 3120; C.S., sec. 5384; I.C.A., sec. 54-612.]
The term "encumbrances" includes taxes, assessments, and all liens upon real property.
[(55-613) R.S., sec. 2936; reen. R.C. & C.L., sec. 3121; C.S., sec. 5385; I.C.A., sec. 54-613.]
Lineal and collateral warranties, with all their incidents, are abolished; but the heirs and devisees of every person who has made any covenant or agreement in reference to the title of, in, or to any real property, are answerable upon such covenant or agreement to the extent of the land descended or devised to them, in the cases and in the manner prescribed by law.
[(55-614) 1863, p. 528, sec. 49; R.S., sec. 2937; reen. R.C. & C.L., sec. 3122; C.S., sec. 5386; I.C.A., 54-614.]
(1) An easement, as defined in section 50-1301, Idaho Code, may be obtained for the purpose of exposure of a solar energy device to sunlight. Such easement shall be known as a solar easement, shall be created in writing, and shall be subject to the same conveyancing and instrument recording requirements as other easements.
(2) Any instrument creating a solar easement shall include, but the contents shall not be limited to:
(a) The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement;
(b) Any terms or conditions or both under which the solar easement is granted or will be terminated;
(c) Any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement.
(3) A solar easement shall be presumed to be attached to the real property on which it was first created, and shall be deemed to pass with the property when title is transferred to another owner as prescribed in section 55-603, Idaho Code.
[55-615, added 1978, ch. 294, sec. 1, p. 741.]
(1) Every provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof to individuals because of race, color, ethnicity, or national origin and every condition, restriction, or prohibition, including a right of entry or possibility of reverter, that directly or indirectly limits the use or occupancy of real property on the basis of race, color, ethnicity, or national origin is void.
(2) It shall be unlawful to insert in a written instrument relating to real property a provision that is void under this section or to honor or attempt to honor such a provision in the chain of title.
(3) The owner or tenant of property subject to a written instrument that contains a provision that is void pursuant to subsection (1) of this section may record a restrictive covenant modification document with the county clerk in the county in which the property is located. Such modification document shall be a standard form developed and designed by the county clerk. Each county clerk shall make available in the county clerk’s office instructions on how to record a restrictive covenant modification document and shall provide such instructions on the county website, if applicable.
(4) The modification document shall contain a recording reference to the original written instrument and a legal description of the property, and the owner or tenant who causes to be recorded a modification document shall clearly state the person’s name on the modification document and shall execute the modification document prior to recordation. Except for a modification regarding a provision that is void pursuant to subsection (1) of this section, no other modifications shall be allowed on a restrictive covenant modification form.
(5) The modification document must state, in part: "The referenced original written instrument contains discriminatory provisions that are void and unenforceable under Section 55-616, Idaho Code, and federal law. This document strikes from the referenced original instrument all provisions based on race, color, ethnicity, or national origin that are void and unenforceable under law."
(6) The effective date of the modification document shall be effective as of the date of the original document and shall supersede the discriminatory language in the original written instrument.
(7) If the owner or tenant causes to be recorded a modification document that contains modifications not authorized by this section, the county clerk shall not incur liability for recording the document. Any liability that may result is the sole responsibility of an owner or tenant who willfully causes the recordation with modifications not authorized by this section.
(8) No filing or recording fees or otherwise authorized surcharges shall be required for the filing of a modification document pursuant to this section.
(9) Nothing in this section shall affect the provisions of section 67-5909(10), Idaho Code.
[55-616, added 2022, ch. 159, sec. 1, p. 547.]
(1) A transfer of real property passes appurtenant water rights decreed by court order pursuant to chapter 14, title 42, Idaho Code, permitted or licensed by the department of water resources pursuant to chapter 2, title 42, Idaho Code, or established by the constitutional method of appropriation, and that are owned by the seller and are not reserved by the seller in the instrument of conveyance.
(2) A transfer of real property included in an irrigation district that operates pursuant to title 43, Idaho Code, to which the district has apportioned the right to receive water from the district’s water rights, passes the statutory rights and obligations of the property relative to the district’s distribution of water and assessments.
(3) A transfer of real property included in a city irrigation system that operates pursuant to chapter 18, title 50, Idaho Code, to which the city has apportioned the right to receive water from the city’s water rights, passes the statutory rights and obligations of the property relative to the distribution of water and assessments.
(4) A transfer of real property included in a ground water district that operates pursuant to chapter 52, title 42, Idaho Code, to which the district has levied assessments or apportioned mitigation plan obligations, passes the statutory rights and obligations of the property relative to such assessments and obligations.
(5) A transfer of real property that is entitled to receive water from the water rights of a canal company, ditch company, association, or other water delivery entity, passes the rights and obligations of the property relative to the entity’s distribution of water and assessments as evidenced by stock ownership, or other evidence of an entitlement to receive water, subject to the bylaws of the water delivery entity.
(6) A transfer of real property does not pass water rights or water entitlements and obligations that are not appurtenant to the real property.
[(55-617) 55-616, added 2022, ch. 267, sec. 1, p. 857; am. and redesig. 2023, ch. 218, sec. 20, p. 643.]
(1) On and after July 1, 2023, no restrictive covenant may be entered into that prohibits an internal accessory dwelling unit, as defined in section 55-3212, Idaho Code. Any such covenant is hereby declared to be against public policy and is void and unenforceable. Any person attempting to create or enforce such a covenant shall be liable for any attorney’s fees, court costs, and any other damages incurred by the other party. The provisions of this section shall not be construed to protect more than one (1) internal accessory dwelling unit per homestead.
(2) This section does not apply to a restrictive covenant against internal accessory dwelling units entered into prior to July 1, 2023.
[55-618, added 2023, ch. 265, sec. 2, p. 792.]
Any instrument or judgment affecting the title to or possession of real property may be recorded under this chapter.
[(55-801) R.S., sec. 2990; reen. R.C. & C.L., sec. 3149; C.S., sec. 5413; I.C.A., sec. 54-801.]
Judgments affecting the title to or possession of real property, authenticated by the certificate of the clerk of the court in which such judgments were rendered, may be recorded without acknowledgment or further proof.
[(55-802) R.S., sec. 2991; reen. R.C. & C.L., sec. 3150; C.S., sec. 5414; I.C.A., sec. 54-802.]
Letters patent and all other instruments that evidence or affect title to real property, geothermal resources, or minerals including, but not limited to, oil and gas, in this state issued by the United States, executed pursuant to existing law, may be recorded without further proof.
[(55-803) R.S., sec. 2992; reen. R.C. & C.L., sec. 3151; C.S., sec. 5415; I.C.A., sec. 54-803; am. 1981, ch. 59, sec. 1, p. 88.]
Certificates and notices of location authorized by law, with the affidavits attached, may be recorded without acknowledgment or further proof.
[(55-804) R.S., sec. 2993; reen. R.C. & C.L., sec. 3152; C.S., sec. 5416; I.C.A., sec. 54-804.]
(1) Before an instrument may be recorded, unless it is otherwise expressly provided, its execution must be acknowledged by the person executing it, or if executed by a corporation, by its president or vice president, or secretary or assistant secretary, or other person executing the same on behalf of the corporation, or if executed in the name of the state of Idaho or any county, political subdivision, municipal, quasi-municipal, or public corporation, by one (1) or more of the officers of such state, county, political subdivision, municipal, quasi-municipal, or public corporation executing the same, or if executed in a partnership name, by one (1) or more of the partners who subscribed the partnership name thereto, or if executed by a limited liability company, by the manager, member or other person executing the same on behalf of the limited liability company, or the execution must be proved and the acknowledgment or proof, certified in substantially the manner prescribed by chapter 1, title 51, Idaho Code; provided, that if such instrument shall have been executed and acknowledged in any other state or territory of the United States, or in any foreign country, according to the laws of the state, territory or country wherein such acknowledgment was taken, the same shall be entitled to record, and a certificate of acknowledgment indorsed upon or attached to any such instrument purporting to have been made in any such state, territory or foreign country, shall be prima facie sufficient to entitle the same to such record.
(2) (a) The validity of an instrument recorded prior to July 1, 2017, shall not be affected by the failure of a notary public to perform a duty or meet a requirement specified in chapter 1, title 51, Idaho Code. Such a failure does not invalidate a notarial act performed by the notary public.
(b) The validity of a notarial act complying with the provisions of chapter 1, title 51, Idaho Code, does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking remedies authorized by federal or state law other than the provisions of chapter 1, title 51, Idaho Code.
(c) This subsection does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
[(55-805) R.S., sec. 2994; am. 1907, p. 6, sec. 1; reen. R.C. & C.L., sec. 3153; C.S., sec. 5417; am. 1923, ch. 144, sec. 3, p. 209; am. 1929, ch. 183, sec. 6, p. 94; I.C.A., sec. 54-805; am. 1937, ch. 176, sec. 3, p. 291; am. 1999, ch. 213, sec. 4, p. 571; am. 2017, ch. 192, sec. 13, p. 457; am. 2021, ch. 283, sec. 1, p. 857.]
An instrument executed by an attorney in fact must not be recorded until the power of attorney authorizing the execution of the instrument is filed for record in the same office.
[(55-806) R.S., sec. 2995; reen. R.C. & C.L., sec. 3154; C.S., sec. 5418; I.C.A., sec. 54-806.]
The recorder must in all cases indorse the amount of his fee on the instrument recorded, and on the record thereof.
[(55-807) R.S., sec. 2996; reen. R.C. & C.L., sec. 3155; C.S., sec. 5419; I.C.A., sec. 54-807.]
Instruments entitled to be recorded must be recorded by the county recorder of the county in which the real property affected thereby is situated.
[(55-808) 1863, p. 528, sec. 23; R.S., sec. 2997; reen. R.C. & C.L., sec. 3156; C.S., sec. 5420; I.C.A., sec. 54-808.]
An instrument is deemed to be recorded when, being duly acknowledged, or proved and certified, it is deposited in the recorder’s office with the proper officer for record.
[(55-809) R.S., sec. 2998; reen. R.C. & C.L., sec. 3157; C.S., sec. 5421; I.C.A., sec. 54-809.]
Grants and conveyances absolute in terms, are to be recorded in one set of books and mortgages in another or in an approved electronic storage system containing segregated searchable and retrieval files.
[(55-810) R.S., sec. 2999; reen. R.C. & C.L., sec. 3158; C.S., sec. 5422; I.C.A., sec. 54-810; am. 2005, ch. 243, sec. 9, p. 761.]
Every conveyance of real property acknowledged or proved, and certified, and recorded as prescribed by law, from the time it is filed with the recorder for record, is constructive notice of the contents thereof to subsequent purchasers and mortgag(e)es.
Every conveyance of real property acknowledged or proved, and certified, and recorded as prescribed by law, and which is executed by one who thereafter acquires an interest in said real property by a conveyance which is constructive notice as aforesaid, is, from the time such latter conveyance is filed with the recorder for record, constructive notice of the contents thereof to subsequent purchasers and mortgagees.
[(55-811) 1863, p. 528, sec. 24; R.S., sec. 3000; reen. R.C. & C.L., sec. 3159; C.S., sec. 5423; I.C.A., sec. 54-811; am. 1941, ch. 119, sec. 1, p. 240.]
Every conveyance of real property other than a lease for a term not exceeding one (1) year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded.
[(55-812) 1863, p. 528, sec. 25; R.S., sec. 3001; reen. R.C. & C.L., sec. 3160; C.S., sec. 5424; I.C.A., sec. 54-812.]
The term "conveyance" as used in this chapter, embraces every instrument in writing by which any estate or interest in real property is created, alienated, mortgaged or encumbered, or by which the title to any real property may be affected, except wills.
[(55-813) 1863, p. 528, sec. 35; R.S., sec. 3002; reen. R.C. & C.L., sec. 3161; C.S., sec. 5425; I.C.A., sec. 54-813.]
No instrument containing a power to convey or execute instruments affecting real property, which has been recorded, is revoked by any act of the party by whom it was executed, unless the instrument containing such revocation is also acknowledged or proved, certified and recorded in the same office in which the instrument containing the power was recorded.
[(55-814) 1863, p. 528, sec. 27; R.S., sec. 3003; reen. R.C. & C.L., sec. 3162; C.S., sec. 5426; I.C.A., sec. 54-814.]
An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.
[(55-815) 1863, p. 528, sec. 23; R.S., sec. 3004; reen. R.C. & C.L., sec. 3163; C.S., sec. 5427; I.C.A., sec. 54-815.]
Any affidavit setting forth facts showing or explaining marital status, identity of persons, possession of real property when the title thereof is deraigned through tax deed, delivery of deed by grantor during grantor’s lifetime, occupation of real property as a homestead, date of birth, date of death, date of marriage, or place of residence, with respect to any person mentioned in any recorded instrument affecting title to real property, and also any affidavit as to the identification of plats or descriptions of real property signed by the grantor and grantee named in the document of transfer which contains the descriptions being corrected or, if the grantor is not available, then the affidavit must be signed by the grantee and indexed under the name of both the grantor and grantee, may be recorded in the office of the county recorder of the county wherein the real property is situate; and any such recorded affidavit or the record or certified copy thereof whether heretofore or hereafter recorded shall constitute a part of the record of title to the real property to which it relates and may be received in evidence in any cause affecting the title to such real property, by all courts and all boards, and before all officers, in the state of Idaho as part of such record of title.
[55-816, added 1945, ch. 84, sec. 1, p. 130; am. 2000, ch. 377, sec. 1, p. 1237.]
No public record of any mortgage or other lien on real property, given prior to July 1, 1945, shall constitute notice of the existence or contents of such mortgage or lien, to subsequent purchasers or encumbrancers of the property affected thereby, for a longer period than ten (10) years from the date of maturity of such obligation or indebtedness, as changed by extension, if any, of the time of payment, filed for record before the expiration of said period of ten (10) years, except as provided in section 2 hereof. If the public records do not disclose the date of maturity, then the date of the execution of such mortgage or lien shall be deemed the date of maturity of such obligation or indebtedness.
[55-817, added 1935, ch. 107, sec. 1, p. 256; am. 1951, ch. 127, sec. 1, p. 295.]
A summary of any instrument creating an interest in, or affecting the title to or possession of real property, may be recorded under this chapter or the laws of this state if the requirements of this section are substantially met. A summary of the instrument shall be signed and acknowledged by all parties to the original instrument. The summary of the instrument shall clearly state: the names of the parties to the original instrument, the complete mailing address of the grantee, the title and date of the instrument, a description of the interest or interests in real property created by the instrument, and the legal description of the property. Other elements of transaction may be stated in the summary. If the requirements of this section are met, the summary of the instrument may be recorded under the provisions of this chapter and, as to the contents of the summary only, it shall have the same force and effect as if the original instrument had been recorded, and constructive notice shall be deemed to be given concerning the contents of the summary and the existence of the instrument to any subsequent purchasers, mortgagees or other persons or entities that acquire an interest in the real property.
[55-818, added 1987, ch. 353, sec. 1, p. 786; am. 1989, ch. 105, sec. 2, p. 238.]
(1) If the department of health and welfare has recorded a request for notice of transfer or encumbrance:
(a) When a title insurance company or agent discovers the presence of a request for notice of transfer or encumbrance recorded in the real property records in the county in which the property described in such notice is located while performing a title search on such property and any individual identified in such notice is the record owner of such property, the title insurance company or agent shall disclose the presence of the request for notice of transfer or encumbrance in any commitment to offer to issue a title insurance product to insure title to such real property; and
(b) If, after the date of the recording the request for notice of transfer or encumbrance described in paragraph (a) of this subsection, the individual identified in such request for notice transfers or encumbers real property described in such filing, such individual, his agent or family member shall provide the department of health and welfare with a notice of transfer or encumbrance within ten (10) days after the date of the transfer or encumbrance. For the purposes of this paragraph, a title insurance company or agent shall not be deemed or appointed an agent of the individual identified in the request for notice of transfer or encumbrance. The department of health and welfare shall adopt by rule a model form for notice of transfer or encumbrance to be used by said individual when notifying the department.
(2) If the department of health and welfare has caused to be recorded a termination of request for notice of transfer or encumbrance in the grants and conveyances records or if no individual identified in the request for notice of transfer or encumbrance is the record owner of the real property described therein, the title insurance company or agent is not required to disclose the notice of transfer or encumbrance as required by subsection (1)(a) of this section, and an individual transferring or encumbering the real property after the date of such recording is not required to provide the notice of transfer or encumbrance required by subsection (1)(b) of this section.
(3) The notice of transfer or encumbrance described in subsection (1)(a) of this section is personal to the individual named therein and shall not constitute a lien or encumbrance on, or prevent the transfer or encumbrance of, the property described therein. A title insurance company or agent shall have no liability to the department of health and welfare or any person or entity for failing to discover, or for disclosing, the request for notice of transfer or encumbrance as required by subsection (1)(a) of this section.
[55-819, added 2010, ch. 90, sec. 1, p. 174; am. 2025, ch. 82, sec. 105, p. 388.]
No deed recorded on or after July 1, 2022, shall contain a reference to a restrictive covenant prohibited by section 55-616(1), Idaho Code. A county clerk may refuse to accept any deed submitted for recordation that references any such restrictive covenant. The person who prepares or submits a deed for recordation has the responsibility for ensuring that such a restrictive covenant is not referenced in the deed prior to such deed being submitted for recordation. Any deed that is recorded in the land records on or after July 1, 2022, that mistakenly contains such a restrictive covenant shall nevertheless constitute a valid transfer of real property but without any effect given to the prohibited language.
[55-820, added 2022, ch. 159, sec. 2, p. 548.]
Every instrument, other than a will, affecting an estate in real property, including every charge upon real property, or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof, or encumbrancers thereon, is void as against every purchaser or encumbrancer, for value, of the same property, or the rents or profits thereof.
[(55-901) 1863, p. 540, sec. 1; R.S., sec. 3015; reen. R.C. & C.L., sec. 3164; C.S., sec. 5428; I.C.A., sec. 54-901.]
No instrument is to be avoided under the last section, in favor of a subsequent purchaser or encumbrancer having notice thereof at the time his purchase was made, or his lien acquired, unless the person in whose favor the instrument was made was privy to the fraud intended.
[(55-902) 1863, p. 540, sec. 2; R.S., sec. 3016; reen. R.C. & C.L., sec. 3165; C.S., sec. 5429; I.C.A., sec. 54-902.]
Where a power to revoke or modify an instrument affecting the title to, or the enjoyment of, an estate in real property, is reserved to the grantor, or given to any other person, a subsequent grant of, or charge upon, the estate, by the person having the power of revocation, in favor of a purchaser or encumbrancer for value, operates as a revocation of the original instrument, to the extent of the power, in favor of such purchaser or encumbrancer.
[(55-903) 1863, p. 540, sec. 4; R.S., sec. 3017; reen. R.C. & C.L., sec. 3166; C.S., sec. 5430; I.C.A., sec. 54-903.]
Where a person having the power of revocation within the provisions of the last section is not entitled to execute it until after the time at which he makes such a grant or charge as is described in that section, the power is deemed to be executed as soon as he is entitled to execute it.
[(55-904) 1863, p. 540, sec. 5; R.S., sec. 3018; reen. R.C. & C.L., sec. 3167; C.S., sec. 5431; I.C.A., sec. 54-904.]
All deeds of gift, all conveyances, and all transfers or assignments, oral or written, of goods, chattels, or things in action, made in trust for the use of the person making the same, are void as against the creditors, existing or subsequent, of such person. However, a settlor’s retained right to receive distributions from a trust in an amount equal to or less than the federal and state income tax liability incurred by such settlor as a result of such trust being characterized as a grantor trust pursuant to the rules of the Internal Revenue Code of 1986, as amended, sections 671 through 679, inclusive, shall not be considered a deed of gift, conveyance, transfer or assignment that is made in trust for the use of the person making the same.
[(55-905) 1863, p. 540, sec. 11; R.S., sec. 3019; reen. R.C. & C.L., sec. 3168; C.S., sec. 5432; I.C.A., sec. 54-905; am. 2007, ch. 68, sec. 5, p. 182.]
Every transfer of property, or charge thereon made, every obligation incurred, and every judicial proceeding taken, with intent to delay or defraud any creditor or other person of his demands, is void against all creditors of the debtor and their successors in interest, and against any person upon whom the estate of the debtor devolves in trust for the benefit of others than the debtor.
[(55-906) 1863, p. 540, sec. 18; R.S., sec. 3020; reen. R.C. & C.L., sec. 3169; C.S., sec. 5433; I.C.A., sec. 54-906.]
Every transfer of personal property other than a thing in action, and every lien thereon, other than (a) any transfer in connection with security interest created under the Uniform Commercial Code, is presumed, if made by a person having at the time the possession or control of the property, and not accompanied by an immediate delivery and followed by an actual and continued change of possession of the things transferred, to be fraudulent, and therefore void, against those who are his creditors while he remains in possession, and the successors in interests of such creditor, and against any persons on whom his estate devolves in trust for the benefit of others than himself, and against purchasers or encumbrancers in good faith subsequent to the transfer.
[(55-907) 1863, p. 540, sec. 15; R.S., sec. 3021; reen. R.C. & C.L., sec. 3170; C.S., sec. 5434; I.C.A., sec. 54-907; am. 1967, ch. 272, sec. 27, p. 745.]
In all cases arising under the provisions of chapters 5 to 9 inclusive, of this title, the question of fraudulent intent is one of fact, and not of law; nor can any transfer or charge be adjudged fraudulent solely on the ground that it was not made for a valuable consideration.
[(55-908) 1863, p. 540, sec. 20; R.S., sec. 3022; reen. R.C. & C.L., sec. 3171, C.S., sec. 5435; I.C.A., sec. 54-908; am. 1967, ch. 272, sec. 28, p. 745.]
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.
[(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.]
As used in this act:
(1) "Affiliate" means:
(a) A person that directly or indirectly owns, controls, or holds with power to vote, twenty percent (20%) or more of the outstanding voting securities of the debtor, other than a person that holds the securities:
as a fiduciary or agent without sole discretionary power to vote the securities; or
solely to secure a debt, if the person has not in fact exercised the power to vote;
(b) A corporation twenty percent (20%) or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person that directly or indirectly owns, controls, or holds with power to vote, twenty percent (20%) or more of the outstanding voting securities of the debtor, other than a person that holds the securities:
as a fiduciary or agent without sole discretionary power to vote the securities; or
solely to secure a debt, if the person has not in fact exercised the power to vote;
(c) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or
(d) A person that operates the debtor’s business under a lease or other agreement or controls substantially all of the debtor’s assets.
(2) "Asset" means property of a debtor, but the term does not include:
(a) Property to the extent it is encumbered by a valid lien;
(b) Property to the extent it is generally exempt under nonbankruptcy law.
(3) "Claim" means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.
(4) "Creditor" means a person that has a claim.
(5) "Debt" means liability on a claim.
(6) "Debtor" means a person that is liable on a claim.
(7) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
(8) "Insider" includes:
(a) If the debtor is an individual:
a relative of the debtor or of a general partner of the debtor;
a partnership in which the debtor is a general partner;
a general partner in a partnership described in subsection (7)(a)2. of this section; or
a corporation of which the debtor is a director, officer, or person in control;
(b) If the debtor is a corporation:
a director of the debtor;
an officer of the debtor;
a person in control of the debtor;
a partnership in which the debtor is a general partner;
a general partner in a partnership described in subsection (7)(b)4. of this section; or
a relative of a general partner, director, officer, or person in control of the debtor;
(c) If the debtor is a partnership:
a general partner in the debtor;
a relative of a general partner in, or a general partner of, or a person in control of the debtor;
another partnership in which the debtor is a general partner;
a general partner in a partnership described in subsection (7)(c)3. of this section; or
a person in control of the debtor;
(d) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and
(e) A managing agent of the debtor.
(9) "Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien.
(10) "Organization" means a person other than an individual.
(11) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal entity.
(12) "Property" means anything that may be the subject of ownership.
(13) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(14) "Relative" means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree.
(15) "Sign" means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound or process.
(16) "Transfer" means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, license and creation of a lien or other encumbrance.
(17) "Valid lien" means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.
[55-910, added 1987, ch. 202, sec. 2, p. 423; am. 2015, ch. 342, sec. 1, p. 1290.]
(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.
[55-911, added 1987, ch. 202, sec. 2, p. 425; am. 2015, ch. 342, sec. 2, p. 1291.]
(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.
[55-912, added 1987, ch. 202, sec. 2, p. 425.]
(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:
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
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.
[55-913, added 1987, ch. 202, sec. 2, p. 425; am. 2015, ch. 342, sec. 3, p. 1292.]
(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.
[55-914, added 1987, ch. 202, sec. 2, p. 426; am. 2015, ch. 342, sec. 4, p. 1292.]
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.
[55-915, dded 1987, ch. 202, sec. 2, p. 426; am. 2015, ch. 342, sec. 5, p. 1293.]
(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:
an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
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.
[55-916, added 1987, ch. 202, sec. 2, p. 427; am. 2015, ch. 342, sec. 6, p. 1293.]
(1) A transfer or obligation is not voidable under section 55-913(1)(a), Idaho Code, against a person that took in good faith and for a reasonably equivalent value given the debtor or against any subsequent transferee or obligee.
(2) To the extent a transfer is avoidable in an action by a creditor under section 55-916(1)(a), Idaho Code, the following rules apply:
(a) Except as otherwise provided in this section, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (3) of this section, or the amount necessary to satisfy the creditor’s claim, whichever is less. The judgment may be entered against:
(i) The first transferee of the asset or the person for whose benefit the transfer was made; or
(ii) An immediate or mediate transferee of the first transferee other than:
A good-faith transferee that took for value; or
An immediate or mediate good-faith transferee of a person described in subparagraph (ii)1. of this paragraph.
(b) Recovery pursuant to section 55-916(1)(a) or (2), Idaho Code, of or from the asset transferred or its proceeds, by levy or otherwise, is available only against a person described in paragraph (a)(i) or (ii) of this subsection.
(3) If the judgment under subsection (2) of this section is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.
(4) Notwithstanding voidability of a transfer or an obligation under this act, a good-faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to:
(a) A lien on or a right to retain any interest in the asset transferred;
(b) Enforcement of any obligation incurred; or
(c) A reduction in the amount of the liability on the judgment.
(5) A transfer is not voidable under section 55-913(1)(b) or 55-914, Idaho Code, if the transfer results from:
(a) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or
(b) Enforcement of a security interest in compliance with chapter 9, title 28, Idaho Code, other than acceptance of collateral in full or partial satisfaction of the obligation it secures.
(6) A transfer is not voidable under section 55-914(2), Idaho Code:
(a) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made, except to the extent the new value was secured by a valid lien;
(b) If made in the ordinary course of business or financial affairs of the debtor and the insider; or
(c) If made pursuant to a good-faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.
(7) A transfer of a charitable contribution to a qualified religious or charitable entity or organization shall not be considered to be a transfer covered by this act for the amount of the contribution that does not exceed fifteen percent (15%) of the gross annual income of the debtor for the year in which the transfer is made, and the transfer is consistent with the practices of the debtor in making charitable contributions.
(8) The following rules determine the burden of proving matters referred to in this section:
(a) A party that seeks to invoke subsection (1), (4), (5) or (6) of this section has the burden of proving the applicability of that subsection;
(b) Except as otherwise provided in paragraphs (c) and (d) of this subsection, the creditor has the burden of proving each applicable element of subsection (2) or (3) of this section;
(c) The transferee has the burden of proving the applicability to the transferee of subsection (2)(a)(ii)1. or 2. of this section; and
(d) A party that seeks adjustment under subsection (3) of this section has the burden of proving the adjustment.
(9) Proof of matters referred to in this section is sufficient if established by a preponderance of the evidence.
[55-917, added 1987, ch. 202, sec. 2, p. 427; am. 2015, ch. 342, sec. 7, p. 1294.]
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.
[55-918, added 1987, ch. 202, sec. 2, p. 428; am. 2015, ch. 342, sec. 8, p. 1295.]
(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.
[55-919, added 2015, ch. 342, sec. 9, p. 1295.]
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.
[(55-920) 55-919, added 1987, ch. 202, sec. 2, p. 428; am. and redesig. 2015, ch. 342, sec. 10, p. 1295.]
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.
[(55-921) 55-920, added 1987, ch. 202, sec. 2, p. 428; am. and redesig. 2015, ch. 342, sec. 11, p. 1296.]
This act, that was formerly cited as the "Uniform Fraudulent Transfer Act" may be cited as the "Uniform Voidable Transactions Act."
[(55-922) 55-921, added 1987, ch. 202, sec. 2, p. 429; am. and redesig. 2015, ch. 342, sec. 12, p. 1296.]
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.
[55-1001, added 1989, ch. 371, sec. 2, p. 934; am. 2000, ch. 226, sec. 1, p. 622.]
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. Each spouse may separately claim a homestead exemption in 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.
[55-1002, added 1989, ch. 371, sec. 2, p. 934; am. 2025, ch. 235, sec. 1, p. 1069.]
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).
[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.]
(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.
[55-1004, added 1989, ch. 371, sec. 2, p. 934.]
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.
[55-1005, added 1989, ch. 371, sec. 2, p. 935.]
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.
[55-1006, added 1989, ch. 371, sec. 2, p. 935.]
The homestead of a married person shall not be conveyed or encumbered by a spouse without the consent of the other spouse. Either spouse may execute a power of attorney authorizing the other spouse to convey or encumber the homestead on behalf of the principal. Consent shall be evidenced by:
(1) Each spouse executing and acknowledging the instrument by which the homestead is conveyed or encumbered; or
(2) A deed from one spouse to the other spouse establishing the homestead property as the sole and separate property of the grantee spouse.
[55-1007, added 2025, ch. 216, sec. 2, p. 1024.]
(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.
[55-1008, added 1989, ch. 371, sec. 2, p. 936.]
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.
[55-1009, added 1989, ch. 371, sec. 2, p. 936.]
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.
[55-1010, added 2004, ch. 131, sec. 2, p. 450.]
(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.
[(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.]
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.
[(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.]
The application must be made upon a verified petition, showing:
The fact that an execution has been levied upon the homestead.
The name of the claimant.
That the value of the homestead exceeds the amount of the homestead exemption.
[(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.]
The petition must be filed with the clerk of the district court.
[(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.]
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.
[(55-1104) R.S., sec. 3046; reen. R.C. & C.L., sec. 3184; C.S., sec. 5448; I.C.A., sec. 54-1104.]
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.
[(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.]
The persons appointed, before entering upon the performance of their duties, must take an oath to faithfully perform the same.
[(55-1106) R.S., sec. 3048; reen. R.C. & C.L., sec. 3186; C.S., sec. 5450; I.C.A., sec. 54-1106.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
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.
[(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.]
At such sale no bid must be received unless it exceeds the amount of the homestead exemption.
[(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.]
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.
[(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.]
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.
[(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.]
The court must fix the compensation of the appraisers, not to exceed five dollars ($5.00) per day each for the time actually engaged.
[(55-1114) R.S., sec. 3056; reen. R.C. & C.L., sec. 3194; C.S., sec. 5458; I.C.A., sec. 54-1114.]
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.
[(55-1115) R.S., sec. 3057; reen. R.C. & C.L., sec. 3195; C.S., sec. 5459; I.C.A., sec. 54-1115.]
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.
[(55-1401) R.S., sec. 1160; reen. R.C. & C.L., sec. 1546; C.S., sec. 2582; I.C.A., sec. 54-1401.]
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.
[(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.]
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.
[(55-1403) R.S., sec. 1162; reen. R.C. & C.L., sec. 1548; C.S., sec. 2584; I.C.A., sec. 54-1403.]
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.
[(55-1404) R.S., sec. 1163; reen. R.C. & C.L., sec. 1549; C.S., sec. 2585; I.C.A., sec. 54-1404.]
This act shall be known and may be cited as the "Condominium Property Act."
[55-1501, added 1965, ch. 225, sec. 1, p. 515.]
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.
[55-1502, added 1965, ch. 225, sec. 2, p. 515.]
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.
[55-1503, added 1965, ch. 225, sec. 3, p. 515.]
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.
[55-1504, added 1965, ch. 225, sec. 4, p. 515.]
(1) The declaration shall contain the following:
(a) A legal description of the surface of the ground within the project.
(b) A legal description of each unit in the project, which description may consist of the identifying number, symbol or name of such unit as shown on the plat.
(c) The percentage of ownership interest in the common area which is to be allocated to each unit for purposes of tax assessment under section 55-1514, Idaho Code, and for purposes of liability as provided by section 55-1515, Idaho Code. Such percentage shall be fixed either by taking as a basis the value of each unit in relation to the value of the property as a whole or by taking as a basis the square footage of the interior floor area of each unit in relation to the square footage of the interior floor area of all the units as a whole. For said purposes, the percentage so fixed shall be conclusive, subject only to clear and convincing proof of bad faith at the time of and in the making of such allocation or the last prior amendment thereof. If a substantial change is made to the value or size, depending upon the method used for allocation, of one (1) or more units as compared with other units, upon petition by a unit owner for reevaluation and allocation of percentage of ownership interest, the allocation shall be amended. Reallocation shall not occur more frequently than every five (5) years and, if square footage is used in determining the percentage of ownership interest, only if a substantial change is made to the size of at least one (1) unit. If the board of managers fails to act, reallocation may be accomplished by court action. If court action is necessary the prevailing party may be awarded attorney’s fees and costs for unreasonable pursuit or refusal.
(2) The declaration may but need not also contain any of the following:
(a) A description of the buildings in the project, stating the number of stories and basements, the number of units and the principal materials of which they are or are to be constructed.
(b) A statement of the location of each unit, its approximate area, number of rooms, and immediate common area to which it has access, and any other data for its proper identification.
(c) A description of the common areas and facilities.
(d) A description of any limited common areas and facilities, if any, stating to which units their use is reserved or the terms of applicable restrictions or limitations.
(e) The value of the property and of each unit.
(f) A statement of the purposes for which the building and each of the units are intended and restricted as to use.
(g) Provisions as to the percentage of votes by the condominium owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage, taking, or destruction of all or part of the property.
(h) Any or all of the provisions hereinafter referred to in section 55-1507, Idaho Code, as proper provisions of bylaws.
(i) Provisions for the management of the project by any management body or bodies; for the voting majorities, quorums, notices, meeting dates, and other rules governing such body or bodies; and for recordation, from time to time, as provided for in the declaration, of certificates of identity of the persons then composing such management body or bodies, which certificates shall be conclusive evidence of the facts recited therein in favor of any person relying thereon in good faith.
(j) As to any management body:
(1) For the powers thereof, including power to enforce the provisions of the declaration;
(2) For maintenance by it of fire, casualty, liability, worker’s compensation and other insurance and for bonding of the members of any management body;
(3) For provision by it of and payment by it for maintenance, utility, gardening and other services; for employment of personnel necessary for operation of the project, and legal and accounting services;
(4) For purchase by it of materials, supplies and the like and for maintenance and repair of the project;
(5) For payment by it of taxes and special assessments which would be a lien upon the entire project or common areas, and for discharge by it of any lien or encumbrance levies against the entire project or common areas;
(6) For payment by it for reconstruction of any portion or portions of the project damaged, taken or destroyed;
(7) For delegation by it of its powers;
(8) For entry by it or its agents into any unit when necessary in connection with any maintenance or construction for which the management body is responsible;
(9) For an irrevocable power of attorney to the management body to sell and convey the entire project for the benefit of all of the owners thereof when partition of the project may be had under section 55-1511, Idaho Code, which power shall: (i) be binding upon all of the owners, whether they expressly assume the obligations of the declaration or not; (ii) if so provided in the declaration, be exercisable by less than all, but not less than fifty percent (50%), of the voting power of the owners in the project; (iii) be exercisable only after recordation of a certificate by those who have the right to exercise such power of attorney that such power of attorney is properly exercisable under the declaration, which certificate shall be conclusive evidence of the facts recited therein in favor of any person relying thereon in good faith.
(k) Provisions for amendments of such declaration or the bylaws, if any, which amendments, if made upon the vote or consent of more than fifty percent (50%) of the voting power of the owners in the project, shall be binding upon every owner and every condominium whether the burdens thereon are increased or decreased thereby, and whether or not the owner of each and every condominium consents thereto.
(l) Provisions for independent audit of the accounts of any management body.
(m) (1) Provisions for assessments to meet authorized expenditures of any management body, and for a method for notice and levy thereof, each condominium to be assessed separately for its share of such expenses in proportion, unless otherwise provided, to its owner’s fractional interest in the common areas;
(2) For the subordination of the liens securing such assessments to other liens either generally or specifically described.
(n) Provisions for the conditions upon which partition of the project may be had pursuant to this act. Such right to partition may be conditioned upon failure of the condominium owners to elect to rebuild within a certain period, specified inadequacy of insurance proceeds, specified damage to the building, a decision of an arbitrator, or upon any other condition.
(o) Provisions for restrictions upon the severability of the component interests in the property which comprise a condominium. Such restrictions shall not be deemed conditions repugnant to the interest created nor unlawful restraints on alienation.
(p) Such document, agreement or writing pertinent to the project or its financing as may be attached to, incorporated in or made an exhibit to the declaration and/or any bylaws.
(q) Such other provisions not inconsistent with this act as the owner or owners may deem desirable in order to promote, facilitate or preserve the property or the project or the use, development or administration thereof.
(3) Subsection (2) of this section shall not be construed as a limitation upon permissible contents and provisions of a declaration.
[55-1505, added 1965, ch. 225, sec. 5, p. 515; am. 2002, ch. 78, sec. 1, p. 175; am. 2013, ch. 192, sec. 1, p. 473.]
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.
[55-1506, added 1965, ch. 225, sec. 6, p. 515.]
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.
[55-1507, added 1965, ch. 225, sec. 7, p. 515; am. 2018, ch. 205, sec. 2, p. 457.]
The declaration, plat or plats, deeds, by-laws, administrative provisions, articles of incorporation as provided in section 55-1506, 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.
[55-1508, added 1965, ch. 225, sec. 8, p. 515.]
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).
(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.
[55-1509, added 1965, ch. 225, sec. 9, p. 515.]
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), 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.
[55-1510, added 1965, ch. 225, sec. 10, p. 515.]
(a) Where two (2) or more persons own condominiums in a project an action may be brought by one (1) or more of such persons for the partition of the interests comprising the project, as if the owners of all of the condominiums in such project were tenants in common in the entire project in the proportion provided for in the declaration, deeds, or plat or plats entered into with respect to such project, or, in the absence of such provision, in the same proportion as their interests in the common areas of such project; provided, however, that a partition shall be made only upon the showing that:
(1) Three (3) years after the damage to, or destruction or taking of, a material part of the project which renders the project unfit for the use to which it was put prior to such damage, destruction or taking, the project has not been rebuilt, repaired or replaced in a manner which substantially permits such use of the project, or
(2) Three-fourths (3/4) or more of the project has been destroyed, taken, or substantially damaged, and that persons entitled to cast fifty per cent (50%) of the votes to determine whether or not the project shall be repaired, restored or replaced are opposed to such repair, restoration or replacement, or
(3) More than fifty (50) years have elapsed since the first conveyance of a condominium in the project, and that the project is uneconomic or otherwise obsolete, and that persons entitled to cast fifty per cent (50%) of the votes to determine whether or not the project shall be repaired, restored or replaced are opposed to such repair, restoration or replacement, or
(4) That conditions for such a partition provided for in the deed, declaration, plat or plats entered into with respect to such project have been met, whether such conditions be more or less restrictive than the conditions set forth in this section.
(b) The entire project or a part thereof may be sold if it appears that a physical partition cannot be made without prejudice to the respective rights of the persons’ interests therein.
(c) Nothing herein shall be deemed to prevent partition of a condominium as between two (2) or more persons having interests therein.
[55-1511, added 1965, ch. 225, sec. 11, p. 515.]
Except when a domestic corporation has been formed and designated in the declaration to serve as the management body to administer the project, at the time the declaration is recorded one (1) or more persons shall be designated to receive service of process in any action relating to the common areas and facilities. Such designation shall be filed with the county auditor in the county in which the project is located together with an acknowledgment in writing of acceptance of such designation by the person so designated. The person so designated shall be a resident of the state of Idaho, and service upon such person shall be the exclusive method of service in any action relating to the common areas and facilities. Upon termination of such person’s capacity or authority to receive service, a new designation shall be made by the management body of the project, and such designation shall be filed with the county auditor in the county in which the project is located together with an acknowledgment in writing of acceptance of such designation by the person so designated. Upon failure to so designate a person to receive service of process and to file such designation and acceptance of such designation, service may be made upon the county auditor with like effect as though said service were made upon a person designated, and it shall be the duty of the county auditor to forward a copy of such summons served on him by registered mail to the management body of the project at the address or location last known, but no failure on the part of the county auditor to mail such copy of summons shall affect the validity of the service thereof. When a corporate organization is formed and designated as the management body, service of process on the corporation shall be as permitted by law, and the Idaho rules of civil procedure.
[55-1512, added 1965, ch. 225, sec. 12, p. 515; am. 2005, ch. 110, sec. 1, p. 362.]
Without limiting the rights of any condominium owner, actions may be brought by the management body on behalf of two (2) or more of the condominium owners with respect to any cause of action relating to the common areas or more than one (1) unit.
[55-1513, added 1965, ch. 225, sec. 13, p. 515.]
Notwithstanding any contrary or inconsistent provision of the Idaho Code or of this act, property taxes, assessments, special assessments, and all special taxes or charges of the state of Idaho or of any political subdivision thereof, or other lawful taxing or assessing body, which are authorized by law to be assessed against or levied upon real or personal property shall be assessed against and levied upon each condominium and not upon the group of condominiums as a whole, and such tax, assessment or charge on each such condominium shall constitute a lien solely thereon.
A person acquiring or entitled to the issuance of a tax deed conveying the interest of any condominium owner, shall acquire only an interest subject to such provisions of this act as may be applicable, and subject to all lawful terms, provisions, covenants, conditions, and limitations which may apply thereto and appear in any recorded declaration, plat, deed or by-laws then in force and affecting such interest.
[55-1514, added 1965, ch. 225, sec. 14, p. 515.]
Each condominium owner’s liability for claims, judgments or awards arising out of or in connection with the ownership, use, operation or management of the common areas, is limited to a proportionate sum which equals the amount of any such claim, judgment or award multiplied by the percentage interest in the common areas allocated to such ownership by the declaration as provided in section 55-1505(1)(c). In any suit to establish liability for claims, judgments or awards arising out of or in connection with the ownership, use, operation or management of the common areas there shall be introduced no evidence as to the percentage interest in the common area of any condominium owner until and unless such fact becomes material and liability is fixed by judgment or agreed upon in writing signed by all affected parties to the litigation and filed with the court. Any condominium owner may compromise or settle his portion of any such claim without prejudice to the remaining balance thereof and without the same constituting evidence or an admission for or against any such claimant.
The provisions of this section shall not alter or affect the respective rights and obligations of condominium owners to or between one another to the extent that one or more may have any legal right arising from contract, statute, or the common law to be wholly or partially indemnified by one or more other persons who are likewise owners of condominiums within the same said project.
[55-1515, added 1965, ch. 225, sec. 15, p. 515.]
All condominium owners, tenants of such owners, employees of owners and tenants, or any other persons that may in any manner use property or any part thereof submitted to the provisions of this act shall be subject to this act and to the declaration and by-laws of the project adopted pursuant to the provisions of this act.
All agreements, decisions and determinations lawfully made by the management body shall be deemed to be binding on all condominium owners and shall inure to the benefit of all such owners.
Each condominium owner and any group of owners shall have standing and authority, unless otherwise provided, to enforce the provisions of the declaration and any recorded by-laws of the project.
[55-1516, added 1965, ch. 225, sec. 16, p. 515.]
The management body, if required by the declaration, by-laws or otherwise, or at the request of a mortgagee or a beneficiary of a deed of trust having a first mortgage or first deed of trust of record covering a unit or any part of the project, shall have the authority and an insurable interest to insure the project or any portion thereof against loss or damage by fire or other hazard or casualty. Such insurance coverage may be written in the name of the management body, as trustee for each of the condominium owners in the percentages established in the declaration or as otherwise provided in the declaration or provided by the management body, and premiums may be treated as common expenses. Provision for such insurance shall be without prejudice to the right of each condominium owner to insure his own unit for his own benefit. This provision shall not be construed to limit the power of such body to secure and maintain other insurance coverage or to treat the cost thereof as a common expense.
[55-1517, added 1965, ch. 225, sec. 17, p. 515.]
An assessment upon any condominium made in accordance with the declaration, any recorded by-laws, or any duly promulgated project regulation, shall be a debt of the owner thereof at the time the assessment is made. The amount of any such assessment, together with those other charges thereon, such as interest, costs (including attorney’s fees), and penalties, which may be provided for in the declaration, shall be and become a lien upon the condominium assessed when the management body causes to be recorded with the county recorder of the county in which such condominium is located a notice of assessment, which shall state the amount of such assessment and such other charges thereon as may be authorized by the declaration, a description of the condominium against which the same has been assessed, and the name of the record owner thereof. Such notice shall be signed by an authorized representative of the management body or as otherwise provided in the declaration. Upon payment of said assessment and charges in connection with which such notice has been so recorded, or other satisfaction thereof, the management body shall cause to be recorded a further notice stating the satisfaction and the release of the lien thereof.
Such lien shall be prior to all other liens filed or recorded subsequent to the recordation of said notice of assessment except that the declaration may provide for the subordination thereof to other liens either generally or specifically described and except further that labor or materialmen’s liens arising under the law of Idaho and timely and duly filed shall have priority if the date fixed by statute for such lien to arise is prior to recording as provided in this section. Unless sooner satisfied and released or the enforcement thereof initiated as hereafter provided such lien shall expire and be of no further force or effect one (1) year from the date of recordation of said notice of assessment; provided, however, that said one-year period may be extended by the management body for not to exceed one (1) additional year by recording a written extension thereof.
Such lien may be enforced by sale by the management body, its attorney or other person authorized to make the sale, after failure of the owner to pay such an assessment in accordance with its terms, such sale to be conducted in the manner permitted by law for the exercise of powers of sale in deeds of trust or any other manner permitted by law. Unless otherwise provided in the declaration the management body shall have the power to purchase the condominium at foreclosure sale and to hold, lease, encumber and convey the same.
[55-1518, added 1965, ch. 225, sec. 18, p. 515.]
No labor performed or services or materials furnished with the consent of or at the request of a condominium owner or his agent or his contractor or subcontractor shall be the basis for the filing of a lien against the condominium of any other condominium owner, or against any part thereof, or against any other property of any other condominium owner, unless such other owner has expressly consented to or requested the performance of such labor or furnishing of such materials or services. Such express consent shall be deemed to have been given by the owner of any condominium in the case of emergency repairs thereto. Labor performed or services or materials furnished for the project, if duly authorized by the management body, shall be deemed to be performed or furnished with the express consent of each condominium owner. The owner of any condominium may remove his condominium from a lien against two (2) or more condominiums or any part thereof by payment to the holder of the lien of the fraction of the total sum secured by such lien which is attributable to his condominium.
[55-1519, added 1965, ch. 225, sec. 19, p. 515.]
Unless otherwise provided for in a declaration recorded pursuant to section 55-1505, a management body may acquire and hold, for the benefit of the condominium owners, tangible and intangible personal property and may dispose of the same by sale or otherwise; the beneficial interest in such personal property shall be owned by the condominium owners in the same proportion as their respective interests in the common areas, and shall not be transferable by such owners except with a transfer of a condominium. A transfer of a condominium shall transfer to the transferee ownership of the transferor’s beneficial interest in such personal property.
[55-1520, added 1965, ch. 225, sec. 20, p. 515.]
Any deed, declaration or plan for a condominium project shall be liberally construed to facilitate the operation of the project, and provisions thereof shall be presumed to be independent and severable.
[55-1521, added 1965, ch. 225, sec. 21, p. 515.]
It is expressly provided that the rule of property known as the rule against perpetuities and the rule of property known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any of the provisions of this act or any condition, conveyance or inheritance consistent herewith.
[55-1522, added 1965, ch. 225, sec. 22, p. 515.]
No city council, board of trustees, or other governing body of the county, town, village or city in which a project is created pursuant to this act shall have the right to refuse acceptance or approval of nor may any county refuse for recordation a plat or plats prepared pursuant to this act solely because a project is or condominiums are thereby created.
[55-1523, added 1965, ch. 225, sec. 23, p. 515.]
Unless a contrary intent is clearly expressed in local zoning ordinances, such ordinances shall be construed to treat like structures, lots, or parcels in like manner regardless of whether the ownership thereof is divided by sale of condominiums created in a project pursuant to this act, rather than by the lease or other disposition of such structures, lots or parcels on any part or parts thereof.
[55-1524, added 1965, ch. 225, sec. 24, p. 515.]
The provisions of title 26, chapter 18, Idaho Code, shall not apply to the creation, issuance, sale, offer for sale, solicitation of an offer to buy, conveyance, transfer, or other disposition, or encumbrance or other hypothecation, or management, of condominiums or projects created pursuant to this act, or of evidences of membership in or ownership of or stock in any entity created solely to manage the affairs of a project, or to the negotiation or taking of subscriptions in respect of any of the foregoing.
[55-1525, added 1965, ch. 225, sec. 25, p. 515.]
Every deed, contract of sale, lease, mortgage or other instrument may legally describe a condominium by its identifying number, symbol, name or other identification or designation as shown on the plat of record or as shown in the declaration, and every such description shall be deemed good and sufficient for all purposes.
[55-1526, added 1965, ch. 225, sec. 26, p. 515.]
Except where inconsistent with the provisions or purposes of this act, state and local laws relating to plats, recording, subdivisions or zoning shall apply to condominiums and to projects as herein defined.
[55-1527, added 1965, ch. 225, sec. 27, p. 515.]
(1) A management body or its agent shall provide a unit owner and the owner’s agent, if any, a statement of the unit owner’s account not more than five (5) business days after receipt of a request by the unit owner or the unit owner’s agent received by the management body, the management body’s manager, president, board member, or other agent, or any combination thereof. The statement of account shall include, at a minimum, the amount of annual charges against the unit, the date when said amounts are due, and any unpaid assessments or other charges due and owing from such owner at the time of the request. The management body shall be bound by the amounts set forth within such statement of account. Charging a fee for any statement of the unit owner’s account required by this section is a violation of the Idaho consumer protection act, chapter 6, title 48, Idaho Code.
(2) On or before January 1 of each year, a management body or its agent shall provide unit owners a disclosure of fees that will be charged to a unit owner in connection with any transfer of ownership of a unit. Fees imposed by a management body for the calendar year following the disclosure of fees shall not exceed the amount set forth on the annual disclosure, and no surcharge or additional fees shall be charged to any unit owner in connection with any transfer of ownership of the unit.
[55-1528, added 2018, ch. 205, sec. 3, p. 458; am. 2023, ch. 247, sec. 1, p. 763.]
This chapter may be cited as the "Corner Perpetuation and Filing Law."
[55-1601, added 1967, ch. 215, sec. 1, p. 647; am. 1993, ch. 206, sec. 1, p. 564.]
It is the purpose of this chapter to protect and perpetuate public land survey corners and information concerning the location of such corners by requiring the systematic establishment of monuments and filing of information concerning the marking of the location of such public land survey corners and to allow the systematic location of other property corners, thereby providing for property security and a coherent system of property location and identification; and thereby eliminating the repeated necessity for reestablishment and relocations of such corners once they are established and located.
[55-1602, added 1967, ch. 215, sec. 2, p. 647; am. 1993, ch. 206, sec. 2, p. 564.]
Except where the context indicates a different meaning, terms used in this chapter shall be defined as follows:
(1) "Accessory to a corner" means any exclusively identifiable physical object whose spatial relationship to the corner is recorded. Accessories may be bearing trees, bearing objects, monuments, reference points, line trees, pits, mounds, charcoal-filled bottles, steel or wooden stakes, or other objects.
(2) "Benchmark" means a material object, natural or artificial, whose elevation is referenced to an adopted datum.
(3) "Board" means the board of licensure of professional engineers and professional land surveyors.
(4) "Control survey" means a survey that provides horizontal or vertical position data for the support or control of subordinate surveys or for mapping.
(5) "Corner," unless otherwise defined, means a property corner, or a property controlling corner, or a public land survey corner, or any combination of these.
(6) "Establish" means to determine the position of a corner either physically or mathematically.
(7) "Monument" means a physical structure intended to mark, reference, or witness a line, corner, or position.
(8) "Professional land surveyor" means any person who is authorized by the laws of this state to practice land surveying.
(9) "Property controlling corner" for a property means a public land survey corner, property corner, reference point or witness corner that controls the location of one (1) or more of the property corners of the property in question.
(10) "Property corner" means a geographic point on the surface of the earth and is on, a part of, and controls a property line.
(11) "Public land survey corner" means any point actually established and monumented in an original survey or resurvey that determines the boundaries of remaining public lands, or public lands patented, represented on an official plat and in the field notes thereof, accepted and approved under authority delegated by congress to the U.S. general land office (GLO) and the U.S. department of interior, bureau of land management. This excludes GLO-surveyed townsite lot corners, except those marking exterior angle points or block corners within the townsite.
(12) "Reference point" means a special monumented point that does not occupy the same geographical position as the corner itself, and where the spatial relationship to the corner is recorded, and which serves to locate the corner.
(13) "Witness corner" means a monumented point on a lot line or boundary line of a survey, near a corner, and established in situations where it is impracticable to occupy or monument the corner.
[55-1603, added 1967, ch. 215, sec. 3, p. 647; am. 1993, ch. 206, sec. 3, p. 565; am. 1997, ch. 190, sec. 13, p. 526; am. 2008, ch. 378, sec. 27, p. 1046; am. 2011, ch. 136, sec. 13, p. 391; am. 2020, ch. 127, sec. 11, p. 403; am. 2022, ch. 43, sec. 6, p. 120.]
A professional land surveyor shall complete, sign, and file with the county clerk and recorder of the county where the corner is situated a written record of the establishment, reestablishment, or rehabilitation of a corner monument and its accessories. This record shall be known as a "corner record" and such a filing shall be made for every public land survey corner, center one-quarter (1/4) corner, corners used as ties as described in section 50-1304(2)(g) or 55-1906(5), Idaho Code, and accessory to such corner established, reestablished, monumented, remonumented, rehabilitated, perpetuated or used as control in any survey. The survey information shall be filed within ninety (90) days after the survey is completed, unless the corner and its accessories are substantially as described in an existing corner record filed in accordance with the provisions of this chapter.
In lieu of filing as heretofore provided, corner records may be recorded electronically in those counties that have such facilities.
[55-1604, added 1967, ch. 215, sec. 4, p. 647; am. 1972, ch. 162, sec. 1, p. 363; am. 1993, ch. 206, sec. 4, p. 565; am. 2020, ch. 127, sec. 12, p. 404; am. 2022, ch. 43, sec. 7, p. 121.]
A professional land surveyor may file or record any corner record as to any property controlling corner or accessory to a corner.
[55-1605, added 1967, ch. 215, sec. 5, p. 647; am. 1972, ch. 162, sec. 2, p. 363; am. 1993, ch. 206, sec. 5, p. 566; am. 2011, ch. 136, sec. 14, p. 392.]
The board shall, by regulation, provide and prescribe the information which shall be necessary to be included in the corner record and the board shall prescribe the form in which such corner record shall be presented and filed or recorded.
[55-1606, added 1967, ch. 215, sec. 6, p. 647; am. 1972, ch. 162, sec. 3, p. 363.]
(a) The county clerk and recorder of the county containing the corner shall receive the completed corner record and preserve it in the same manner as any other recorded instruments. Proper indexes shall be kept of such corner records by section, township and range.
(b) The county clerk and recorder shall make these records available for public inspection during all usual office hours.
(c) For purposes of determining the filing fee hereunder, the corner record shall be considered as a similar service to the filing or recording of instruments as provided in section 31-3205, Idaho Code.
[55-1607, added 1967, ch. 215, sec. 7, p. 647; am. 1972, ch. 162, sec. 4, p. 363; am. 1993, ch. 206, sec. 6, p. 566; am. 1997, ch. 190, sec. 14, p. 527; am. 2020, ch. 127, sec. 13, p. 404.]
(1) In every case where a corner record of a survey corner is required to be filed or recorded under the provisions of this chapter, the professional land surveyor must rehabilitate or remonument any corner in accordance with subsection (2) of this section. Where the corner position is monumented with a stable, permanent, substantial, accessible, magnetically detectable, and uniquely identifiable monument, a new monument will not be required. The professional land surveyor must also recover, establish, or rehabilitate a minimum of three (3) accessories to such corner where practicable. Where the professional land surveyor determines accessories are impracticable, an explanation shall be included on the corner record.
(2) Any monument set shall conform to the provisions of section 54-1227, Idaho Code, and shall be surmounted with a cap of such material and size that can be permanently and legibly marked as prescribed by the manual of surveying instructions issued by the United States department of the interior, bureau of land management, including the license number of the professional land surveyor responsible for placing the monument. Monuments shall be marked such that measurements between them may be made to the nearest one-tenth (0.1) foot. If the monument is set by a public officer, it shall be marked by an appropriate official designation. Where it is impracticable to monument a corner due to situations beyond the professional land surveyor’s control, reference points or a witness corner shall be recovered or established. The professional land surveyor must also document the reason the monument cannot be set, the method of establishing the corner location, and the presence of any found or set reference point or witness corner on his corner record and record of survey or plat.
(3) Where closing corners that are not on or controlling for the line closed upon were set in any government survey authorized by the congress of the United States and the true point of intersection of the pertinent lines is controlling in a survey, resurvey, or subdivision of a section, the true point of intersection shall be monumented with a monument conforming to subsection (2) of this section. Any professional land surveyor establishing such a monument shall prepare and file a corner record for the true point of intersection monument, including any evidence related to and the pedigree of the original closing corner. If found, the original closing corner monument position must be remonumented as an amended monument in accordance with subsection (2) of this section.
[55-1608, added 1967, ch. 215, sec. 8, p. 647; am. 1972, ch. 162, sec. 5, p. 363, am. 1978, ch. 107, sec. 2, p. 224; am. 1993, ch. 206, sec. 7, p. 566; am. 2008, ch. 378, sec. 28, p. 1047; am. 2011, ch. 136, sec. 15, p. 392; am. 2020, ch. 127, sec. 14, p. 404.]
No corner record shall be filed or recorded unless the same is signed by a professional land surveyor as defined herein, or, in the case of an agency of the United States government, the certificate may be signed by the survey party chief making the survey.
[55-1609, added 1967, ch. 215, sec. 9, p. 647; am. 1972, ch. 162, sec. 6, p. 363; am. 1993, ch. 206, sec. 8, p. 567.]
All federal government surveys performed by authorized personnel of agencies of the federal government shall not be subject to the provisions of this chapter, except that federal agencies may comply with the provisions of the chapter, and shall be exempt from filing fees required in section 55-1607(c), Idaho Code.
[55-1611, added 1967, ch. 215, sec. 11, p. 647; am. 1993, ch. 206, sec. 10, p. 567.]
Professional land surveyors failing to comply with the provisions hereof shall be subject to disciplinary action.
[55-1612, added 1967, ch. 215, sec. 12, p. 647; am. 1989, ch. 103, sec. 1, p. 236; am. 1993, ch. 206, sec. 11, p. 567; am. 1997, ch. 190, sec. 15, p. 528; am. 2008, ch. 378, sec. 29, p. 1047; am. 2026, ch. 221, sec. 100, p. 979.]
The physical existence and location of the monuments of property controlling corners and accessories to corners, as well as benchmarks established and points set in control surveys by agencies of the United States government or the state of Idaho, shall be determined by a field search and location survey conducted by or under the direction of a professional land surveyor prior to the time when project construction or related activities may disturb them. Construction documents or plans prepared by professional engineers shall show the existence and location of all such monuments, accessories to corners, benchmarks and points set in control surveys. All monuments, accessories to corners, benchmarks and points set in control surveys that are lost or disturbed by construction shall be reestablished and remonumented, at the expense of the agency or person causing their loss or disturbance, at their original location or by the setting of a witness corner or reference point or a replacement benchmark or control point, by or under the direction of a professional land surveyor. Professional engineers who prepare construction documents or plans that do not indicate the existence and location of all such monuments, accessories to corners and benchmarks and points set in control surveys by agencies of the United States government or the state of Idaho shall be deemed to be within the purview of and subject to disciplinary action pursuant to section 67-2616, Idaho Code.
[55-1613, added 1978, ch. 107, sec. 3, p. 224; am. 1993, ch. 206, sec. 12, p. 567; am. 1997, ch. 190, sec. 16, p. 528; am. 2008, ch. 378, sec. 30, p. 1047; am. 2011, ch. 136, sec. 16, p. 393; am. 2026, ch. 221, sec. 101, p. 979.]
The following definitions shall apply to terms used in this chapter:
(1) "Board" means the Idaho board of licensure of professional engineers and professional land surveyors.
(2) "Idaho plane coordinate system" or "IPCS" means the system, and any successor system, of map projections specific to the state of Idaho maintained by NGS.
(3) "Idaho transverse mercator" or "IDTM" means the statewide mapping projection, and any successor system, specific to the state of Idaho maintained by the NGS.
(4) "Identifying information" means the datum, adjustment, epoch, coordinate system, zone, and unit of a plane coordinate system.
(5) "National geodetic survey" or "NGS" means the federal agency, and any successor agency, that defines and manages the NSRS.
(6) "National spatial reference system" or "NSRS" means the consistent coordinate system, and any successor system, defining latitude, longitude, height, scale, gravity, orientation, and shoreline throughout the United States.
(7) "State plane coordinate system" or "SPCS" means the nationwide system, and any successor system, of map projections maintained by NGS.
[55-1701, added 2021, ch. 174, sec. 3, p. 484.]
(1) The board shall, by rule, provide and prescribe the information that defines the currently accepted system of plane coordinates of the IPCS.
(2) The most recent system of plane coordinates that has been established by the NGS based on the NSRS, adopted by the board, and designated as the SPCS for defining and stating the positions or locations of points within the state of Idaho shall be known as the "Idaho plane coordinate system."
(3) Coordinates established or determined under previously defined systems may be used, provided identifying information is included in the document containing the coordinates.
(4) Coordinates derived by transformation from a prior system of plane coordinates shall be qualified as such in the document containing the coordinates. Such document shall also provide:
(a) Identifying information of the prior system and the system translated to, together with a statement of the method of translation;
(b) The type of transformation and parameters used and identifying information of the system translated to; or
(c) Other metadata sufficient to translate coordinates between the original and destination systems.
[55-1702, added 2021, ch. 174, sec. 5, p. 484.]
(1) The plane coordinates to be used in expressing the position or location of a point in the appropriate zone of the IPCS shall consist of two (2) distances expressed in the units of measure used by the NGS at the time the SPCS is published. The east x-coordinate shall give the distance east of the y-axis, and the north y-coordinate shall give the distance north of the x-axis. The y-axis of any zone shall be parallel with the central meridian of that zone. The x-axis of any zone shall be at right angles to the central meridian of that zone.
(2) The coordinates described in subsection (1) of this section shall be made to depend upon and conform to the most recent system of plane coordinates, known as the SPCS and based upon the NSRS as maintained and provided by the NGS or its successors, provided such system has been adopted by administrative rule by the board.
[55-1703, added 2021, ch. 174, sec. 7, p. 485.]
Any document containing coordinates of the IPCS will include, at a minimum, the datum, adjustment, epoch, and zone names as defined by the NGS. When any document reports coordinates of points that lie within multiple coordinate zones, the coordinates of all points shall refer to one (1) of the zones, which shall be named in the document.
[55-1704, added 1967, ch. 275, sec. 4, p. 771; am. 2010, ch. 256, sec. 6, p. 652; am. 2021, ch. 174, sec. 8, p. 485.]
The accuracy of coordinates shall be as stated in the document containing the coordinates. The expression of coordinates to decimals of the units used may not be construed as a statement of expected accuracy or reliability, unless so stated in the document containing the coordinates. Statements of accuracy must be defined as relative, absolute, or both.
[55-1705, added 2021, ch. 174, sec. 10, p. 485.]
The official geodetic datums to which geodetic coordinates, including but not limited to latitude, longitude, ellipsoid height or orthometric height, are referenced within the state of Idaho shall be those defined by the NGS.
[55-1706, added 2021, ch. 174, sec. 11, p. 485.]
The provisions of this chapter shall not be construed to prohibit the appropriate use of coordinates from nonauthoritative sources or coordinates based on alternative datums and geodetic reference networks. However, such coordinates shall be clearly identified as nonauthoritative or alternative to the IPCS and documented in such a way so as not to be confused with coordinates of the IPCS. Nonauthoritative and alternative coordinates shall not be used to define regulatory boundaries or rights in real property. The board may adopt rules to define appropriate use of such coordinates.
[55-1707, added 2021, ch. 174, sec. 12, p. 485.]
(1) Whenever coordinates based on the IPCS are used to describe any boundary or right in real property, which in the same document or another document of record is also described by reference to any subdivision, line, or corner of the United States public land surveys or the lines or corners of a recorded subdivision, the description by coordinates shall be construed as supplemental to the basic description of such subdivision, line, or corner contained in the official plats and field notes of the United States public land surveys filed of record or in a recorded subdivision plat. In the event of any conflict, a description by reference to the subdivisions, lines, or corners of the United States public land surveys or lines and corners of a recorded subdivision shall prevail over any description by coordinates, unless said coordinates are upheld by adjudication, in which case the coordinate description shall prevail.
(2) Every recorded map, survey, plat, conveyance, or other instrument affecting title to or rights in real property that delineates, describes, or refers to such property or any part thereof by reference to coordinates based upon the IPCS shall also describe the property by reference and tie to public land survey corners as defined in section 55-1603(11), Idaho Code, unless such property is within a recorded subdivision, in which case the property may be described by reference and tie to lines and corners within such subdivision.
[55-1708, added 2021, ch. 174, sec. 14, p. 486.]
Nothing contained in this chapter shall require any lessee, purchaser, or mortgagee of real property or any right in real property to rely wholly on a land description, any part of which depends exclusively upon coordinates of the IPCS.
[55-1709, added 1967, ch. 275, sec. 9, p. 771; am. 1995, ch. 70, sec. 8, p. 183; am. 2021, ch. 174, sec. 15, p. 486.]
Coordinates within the IPCS that have been modified for any purpose or coordinates within non-IPCS systems shall have:
(1) The qualifier "MODIFIED" added to the datum, adjustment, epoch, and zone reference. The document containing the coordinates shall include any datum adjustment, scale, elevation, or combined factors applied together with the origin of scale application and any other transformation parameters applied; or
(2) A label or description displayed in a manner that clearly shows the coordinates were not obtained through the IPCS.
[55-1710, added 2021, ch. 174, sec. 16, p. 486.]
This chapter shall be known and may be cited as the "Subdivided Lands Disposition Act."
[55-1801, added 1972, ch. 276, sec. 1, p. 667; am. 2010, ch. 214, sec. 1, p. 468.]
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.
[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.]
This chapter shall be administered by the Idaho real estate commission.
[55-1803, added 1972, ch. 276, sec. 3, p. 667; am. 2010, ch. 214, sec. 3, p. 469.]
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.
[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.]
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.
[55-1804A, added 2010, ch. 214, sec. 5, p. 469.]
(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.
[55-1805, added 1972, ch. 276, sec. 5, p. 667; am. 2010, ch. 214, sec. 6, p. 470.]
(1) The application for registration of subdivided lands shall be filed as prescribed by the commission and shall contain the following documents and information:
(a) An irrevocable appointment of the commission to receive service of any lawful process in any noncriminal proceeding arising under this chapter against the applicant or his personal representative;
(b) A legal description of the subdivided lands offered for registration, together with a map showing the division proposed or made, the dimensions of the lots, parcels, units or interests, and the relation of the subdivided lands to existing streets, roads, waterways, schools, churches, shopping centers, public transportation facilities in existence or under construction and other off-site improvements, in existence or under construction;
(c) The state or jurisdictions in which an application for registration or similar document has been filed, and any adverse order, judgment or decree entered in connection with the subdivided lands by the regulatory authorities in each jurisdiction or by any court;
(d) The applicant’s name, address, and the form, date and jurisdiction of organization and the address of each of its offices in this state;
(e) If a corporation, partnership or other legal entity, the name, address and principal occupation for the past five (5) years of every director, officer, general partner, member, manager or person occupying a similar status or performing similar functions; the extent and nature of his interest in the applicant or the subdivided lands as of a specified date within thirty (30) days of the filing of the application;
(f) A statement indicating whether, within the past ten (10) years, the applicant, its individual directors, officers, general partners, members or managers have been:
(i) Convicted of a crime involving land dispositions or any aspect of the land sales business in this state, the United States or any other state or foreign country;
(ii) Adjudicated liable and had a civil judgment entered against him for making a false or misleading promotional plan involving land dispositions; or
(iii) Subject to any injunction or administrative order restraining a false or misleading promotional plan involving land dispositions.
(g) A statement, in a form acceptable to the commission, of the condition of the title to the subdivided lands including encumbrances as of a specified date within thirty (30) days of the date of application by a title opinion of a licensed attorney, not a salaried employee, officer or director of the applicant or owner, or by other evidence of title acceptable to the commission;
(h) Copies of the instruments which will be delivered to a purchaser to evidence his interest in the subdivided lands and of the contracts and other agreements that a purchaser will be required to agree to or sign;
(i) Copies of the instruments by which the interest in the subdivided lands was acquired and a statement of any lien or encumbrance upon the title and copies of the instruments creating the lien or encumbrance, if any, with data as to recording;
(j) If there is a lien or encumbrance affecting more than one (1) lot, parcel, unit or interest, a statement of the consequences for a purchaser of failure to discharge the lien or encumbrance and the steps, if any, taken to protect the purchaser in case of this eventuality;
(k) Copies of instruments creating easements, restrictions or other encumbrances affecting the subdivided lands;
(l) A statement of the zoning and other governmental regulations affecting the use of the subdivided lands and also of any existing tax and existing or proposed special taxes or assessments that affect the subdivided lands;
(m) A statement of the existing provisions for legal and physical access or, if none exists, a statement to that effect; a statement of the existing or proposed provisions for sewage disposal, water and other public utilities in the subdivision; a statement of the improvements to be installed, the schedule for their completion and a statement as to the provisions for improvement maintenance;
(n) A narrative description of the promotional plan for the disposition of the subdivided lands, including the range of selling prices or rents at which it is proposed to dispose of the lots in the subdivision, together with copies of all advertising material that has been prepared for public distribution by any means of communication;
(o) A copy of its articles of incorporation, with all amendments thereto, if the subdivider is a corporation; copies of all instruments by which the trust is created or declared, if the subdivider is a trust; copies of its articles of partnership or association and all other papers pertaining to its organization, if the subdivider is a partnership, unincorporated association or any other legal or commercial entity; and if the purported holder of legal title is a person other than the subdivider, copies of the above documents for such person;
(p) The proposed public offering statement;
(q) Such current financial statements, certified or otherwise, as the commission may require; and
(r) Such other information and such other documents and certifications as the commission may require as being reasonably necessary or appropriate for the protection of purchasers.
(2) If the subdivider registers additional subdivided lands to be offered for disposition, he may consolidate the subsequent registration with any earlier registration offering subdivided lands for disposition under the same promotional plan.
(3) The subdivider shall immediately report to the commission any material changes in the information contained in an application for registration.
(4) As a condition precedent to the registration of any subdivided lands, the commission shall require that the subdivider file a bond executed to the state of Idaho for the protection of any person and conditioned for the faithful compliance by the subdivider, his agents and his employees with all of the provisions of this chapter and with all rules and orders made pursuant thereto and for the faithful performance and payment of all obligations of the subdivider, his agents and his employees in connection with the registration, including any order to pay the costs and attorney’s fees incurred by the commission or by any other agency of this state, in an administrative or judicial proceeding to enforce the provisions of this chapter or the provisions of chapter 6, title 48, Idaho Code. The bond shall be of such type and in such form as the commission shall deem necessary to comply with the provisions of this subsection and shall be in the amount of one hundred thousand dollars ($100,000). Any such bond shall have as surety thereon a surety company authorized to do business in this state. Such bond shall remain in effect for one (1) calendar year after the earlier to occur of the following:
(a) The subdivision is no longer required to be registered pursuant to this chapter;
(b) The subdivider elects to discontinue offering for disposition interests in the subdivision and therefor elects not to renew the registration of the subdivision pursuant to this chapter;
(c) The provisions of this chapter no longer require the subdivider to post any bond; or
(d) The subdivider deposits sufficient funds in an approved escrow account or trust fund in lieu of the bond; provided, the bond shall continue to insure any covered claim filed against the subdivider, and of which the commission received written notice during the time the bond was in effect and until the claim has been finally resolved, including any appeal process.
(5) In lieu of filing a bond, the commission may accept funds deposited by the subdivider into an escrow depository acceptable to the commission or into a trust account acceptable to the commission. The deposited funds shall be maintained for the same purposes and upon the same terms and conditions as set forth in subsection (4) of this section.
[55-1806, added 1972, ch. 276, sec. 6, p. 667; am. 2010, ch. 214, sec. 7, p. 470.]
(1) A public offering statement shall disclose fully and accurately the physical characteristics of the subdivided lands offered and shall make known to prospective purchasers all unusual and material circumstances or features affecting the subdivided lands. The proposed public offering statement submitted to the commission shall be in a form prescribed by it and shall include the following:
(a) The name and principal address of the subdivider;
(b) A general description of the subdivided lands stating the total number of lots, parcels, units or interests in the offering;
(c) The significant terms of any encumbrances, easements, liens and restrictions, including zoning and other regulations, affecting the subdivided lands and each unit or lot, and a statement of all existing taxes and existing or proposed special taxes or assessments that affect the subdivided lands;
(d) A statement of the use for which the property is offered;
(e) Information concerning improvements in existence or under construction including streets, water supply, levees, drainage control systems, irrigation systems, sewage disposal facilities and customary utilities, and the estimated cost, date of completion and responsibility for construction and maintenance of existing and proposed improvements that are referred to in connection with the offering or disposition of any interest in subdivided lands; and
(f) Such of the information contained in the application for registration, and any amendments thereto, and such other information as the commission may require as being necessary or appropriate in the public interest or for the protection of purchasers.
(2) The public offering statement shall disclose, in a prominent place and in bold type, the right of rescission as required in section 55-1804A, Idaho Code.
(3) The public offering statement shall not be used for any promotional purposes before registration of the subdivided lands and afterwards only if it is used in its entirety. No person may advertise or represent that the commission approves or recommends the subdivided lands or disposition thereof. No portion of the public offering statement may be underscored, italicized or printed in larger or heavier or different color type than the remainder of the statement except as required by statute or rule of the commission.
(4) The commission may require the subdivider to alter or amend the proposed public offering statement in order to assure full and fair disclosure to prospective purchasers, and no change in the substance of the promotional plan or plan of disposition or development of the subdivision may be made after registration without notifying the commission and without making appropriate amendment of the public offering statement. A public offering statement is not current unless all amendments are incorporated.
(5) All advertising material of any nature prepared for use in connection with the offer and disposition of any interests in subdivided lands registered under this chapter shall be submitted to the commission prior to its use.
[55-1807, added 1972, ch. 276, sec. 7, p. 667; am. 2010, ch. 214, sec. 8, p. 472.]
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.
[55-1808, added 1972, ch. 276, sec. 8, p. 667; am. 2010, ch. 214, sec. 9, p. 473.]
(1) Upon receipt of the application for registration in proper form and of a base registration fee of two hundred fifty dollars ($250), the commission shall issue a notice of filing to the applicant. In addition to the base registration fee, the following fees are payable prior to issuance of an order of registration; five dollars ($5.00) per lot, parcel, unit or interest numbering fifty (50) to two hundred fifty (250); four dollars ($4.00) per lot, parcel, unit or interest numbering two hundred fifty-one (251) to five hundred (500); three dollars ($3.00) per lot, parcel, unit or interest numbering five hundred one (501) to seven hundred fifty (750); and two dollars and fifty cents ($2.50) for each lot, parcel, unit or interest numbering in excess of seven hundred fifty (750). The application and registration fees shall not exceed a maximum fee of three thousand dollars ($3,000).
(2) If an applicant submits the required filings using the web-based document management system sponsored by the association of real estate license law officials, the fees prescribed in this section, including the maximum fee, shall be reduced by twenty-five percent (25%). The reduction does not apply to late fees. The commission may promulgate rules changing or eliminating the fee reduction.
(3) Within ninety (90) days from the date of the notice of filing, the commission shall enter an order registering the subdivided lands or rejecting the registration. If no order of rejection is entered within ninety (90) days from the date of notice of filing, the land shall be deemed registered unless the applicant has consented in writing to a delay.
(4) If the commission determines that the requirements of sections 55-1806 through 55-1808, Idaho Code, have been met, it shall enter an order registering the subdivided lands and shall designate the form of the public offering statement.
(5) If the commission determines that any of the requirements of sections 55-1806 through 55-1808, Idaho Code, have not been met, the commission shall notify the applicant that the application for registration must be corrected in the particulars specified within ten (10) days or within the time otherwise allowed by the commission. If the requirements are not met within the time allowed, the commission shall enter an order rejecting the registration which shall state the basis for the rejection and advise the applicant of his right to request a hearing before the commission. The order rejecting the registration shall not become effective for twenty (20) days after service of the order, during which time the applicant may make a written request for a hearing. If a hearing is not timely requested, the order shall become the final agency action subject to judicial review under chapter 52, title 67, Idaho Code.
(6) Registration under this chapter shall be effective as of the date of the registration order for a period of one (1) year and may be renewed for additional periods of one (1) year by filing, not later than fifteen (15) days prior to the expiration of a registration, a renewal application in such form and containing such information as the commission shall prescribe, including the renewal report provided in section 55-1810, Idaho Code, together with the payment of a base renewal fee of two hundred fifty dollars ($250), plus one dollar ($1.00) for each lot, parcel, unit or interest. The total fees for a timely renewal application shall not exceed a maximum fee of three thousand dollars ($3,000). A late renewal fee of twenty-five dollars ($25.00) per day will be charged for each day the renewal application is late, with a maximum late fee of five hundred dollars ($500). A registration that is not renewed within twenty (20) days of expiration shall be deemed canceled and may not thereafter be renewed under the provisions of this section. Each amendment to the original registration requires a twenty-five dollar ($25.00) fee. The initial registration and any renewal fees may not be returned or refunded for any reason.
(7) All fees collected by the commission under this chapter shall be deposited at least monthly with the state treasurer and said funds so deposited shall be deposited to the credit of the special real estate fund. All funds so deposited are hereby appropriated to the commission for the purpose of carrying out the provisions of this chapter. All expenditures from said fund by the commission under the provisions of this chapter shall be paid out on warrants drawn by the state controller upon presentation of proper vouchers approved by the commission. Such claims and supporting vouchers shall be examined by the state board of examiners in the same manner as other claims against the state of Idaho. For the purpose of carrying out the objects of this chapter and in the exercise of the powers herein granted, the commission shall have powers to make orders concerning the disbursement of the moneys in said special real estate fund, including the payment of compensation and expenses of its members, clerks and employees and for the payment of printing and for such other expenses as deemed necessary.
(8) The fact that an application for registration and public offering statement have been filed, or the fact that an order of registration has been issued, does not constitute a finding by the commission that any document is true, complete and not misleading, nor does either fact mean that the commission has determined in any way the merits, qualifications of or given its approval or recommendation to any person or subdivision. It is unlawful for any person to make, or cause to be made, to any prospective purchaser any representation inconsistent with the provisions of this subsection.
[55-1809, added 1972, ch. 276, sec. 9, p. 667; am. 1983, ch. 109, sec. 6, p. 235; am. 1994, ch. 180, sec. 106, p. 497; am. 2010, ch. 214, sec. 10, p. 474.]
(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.
[55-1810, added 1972, ch. 276, sec. 10, p. 667; am. 2010, ch. 214, sec. 11, p. 475.]
(1) The commission shall have the authority to promulgate, to amend and to repeal reasonable rules for the administration and enforcement of this chapter. Such rules may include provisions for advertising standards to assure full and fair disclosure; provisions for bond, escrow or trust agreements or other means to assure that all improvements referred to in the application for registration and advertising will be completed and that purchasers will receive the interest in land for which they contracted; provisions for operating procedures; and such other rules as are necessary or proper to accomplish the purposes of this chapter.
(2) The commission may revoke a registration ordered under the provisions of this chapter, issue a cease and desist order and assess costs and attorney’s fees for the cost of any investigation and administrative or other proceedings against any person who is found to have violated any section of this chapter, the commission’s administrative rules or any order of the commission. If any amounts assessed against a subdivider by final order of the commission become otherwise uncollectible or payment is in default, and only if all of the defendant’s rights to appeal have passed, the commission may then proceed to district court and seek to enforce collection through judgment and execution, including an action against any bond filed or escrow or trust funds deposited pursuant to section 55-1806, Idaho Code.
(3) The commission may intervene in a suit involving subdivided lands. In any suit by or against a subdivider involving subdivided lands, the subdivider promptly shall furnish the commission notice of the suit and copies of all pleadings.
(4) The commission may:
(a) Accept registrations filed in other states or with the federal government;
(b) Contract with the association of real estate license law officials to use its web-based file management system to accept registrations and related filings and to reduce the registration fees for applicants who use the web-based system to file registration documents;
(c) Contract with similar agencies in this state or other jurisdictions to perform investigative functions.
(5) The commission shall cooperate with similar agencies in other jurisdictions to establish uniform filing procedures and forms, uniform public offering statements, advertising standards, rules and common administrative practices.
[55-1811, added 1972, ch. 276, sec. 11, p. 667; am. 2010, ch. 214, sec. 12, p. 476; am. 2026, ch. 221, sec. 29, p. 955.]
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.
[55-1812, added 1972, ch. 276, sec. 12, p. 667; am. 2010, ch. 214, sec. 13, p. 477.]
The commission may investigate any subdivision offered for disposition in this state and the actions of any person who makes any offer or disposition of subdivided lands requiring registration under this chapter. In the conduct of the investigation, the commission may:
(1) Rely upon any relevant information concerning a subdivision obtained from the federal housing administration, the United States department of veterans affairs or any other federal agency or any state agency having comparable duties in relation to subdivisions;
(2) Require the applicant to submit reports prepared by competent engineers as to any hazard to which any subdivision offered for disposition is subject or any factor that affects the utility of interests within the subdivision and require evidence of compliance in removing or minimizing all hazards reflected in engineering reports;
(3) Require an on-site inspection of the subdivision by a person or persons designated by it. All expenses incurred in connection with an on-site inspection shall be defrayed by the applicant, and the commission shall require a deposit sufficient to defray such expenses in advance;
(4) Make public or private investigations within or outside this state to determine whether any person has violated or is about to violate the provisions of this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in prescribing rules and forms hereunder; and
(5) Require or permit any person to file a statement in writing, under oath or otherwise as the commission determines, as to all the facts and circumstances concerning the matter to be investigated.
[55-1813, added 1972, ch. 276, sec. 13, p. 667; am. 2010, ch. 214, sec. 14, p. 477; am. 2020, ch. 87, sec. 6, p. 236; am. 2026, ch. 221, sec. 30, p. 956.]
(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.
[55-1814, added 1972, ch. 276, sec. 14, p. 667; am. 2010, ch. 214, sec. 15, p. 479.]
(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.
[55-1815, added 1972, ch. 276, sec. 15, p. 667; am. 2010, ch. 214, sec. 16, p. 479.]
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.
[55-1816, added 1972, ch. 276, sec. 16, p. 667.]
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.
[55-1817, added 1972, ch. 276, sec. 17, p. 667; am. 2010, ch. 214, sec. 17, p. 480.]
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.
[55-1818, added 1972, ch. 276, sec. 18, p. 667; am. 2010, ch. 214, sec. 18, p. 480.]
(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.
[55-1819, added 1972, ch. 276, sec. 19, p. 667; am. 2010, ch. 214, sec. 19, p. 480.]
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.
[55-1819A, added 2010, ch. 214, sec. 20, p. 480.]
(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.
[55-1820, added 1972, ch. 276, sec. 20, p. 667; am. 2010, ch. 214, sec. 21, p. 481.]
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.
[55-1821, added 1972, ch. 276, sec. 21, p. 667; am. 2010, ch. 214, sec. 22, p. 481.]
(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.
[55-1822, added 1972, ch. 276, sec. 22, p. 667; am. 2010, ch. 214, sec. 23, p. 481.]
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.
[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.]
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.
[55-1901, added 1978, ch. 107, sec. 1, p. 221.]
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; or 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.
[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; am. 2024, ch. 62, sec. 2, p. 308.]
Any surveyor legally engaged in the practice of land surveying shall comply with the provisions of this chapter.
[55-1903, added 1978, ch. 107, sec. 1, p. 222.]
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.
[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.]
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.
[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.]
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.
[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.]
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.
[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.]
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.
[55-1908, added 1978, ch. 107, sec. 1, p. 223; am. 2011, ch. 136, sec. 19, p. 395.]
A fee of five dollars ($5.00) per page shall be charged for filing any record of survey.
[55-1909, added 1978, ch. 107, sec. 1, p. 223; am. 1979, ch. 289, sec. 1, p. 768.]
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.
[55-1910, added 1978, ch. 107, sec. 1, p. 223; am. 2005, ch. 243, sec. 10, p. 761.]
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).
[55-1911, added 1984, ch. 263, sec. 1, p. 637; am. 2011, ch. 136, sec. 20, p. 395.]
This chapter shall be known as and may be cited as the "Manufactured Home Residency Act."
[55-2001, added 1980, ch. 177, sec. 1, p. 375; am. 2011, ch. 184, sec. 2, p. 523.]
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.
[55-2002, added 1980, ch. 177, sec. 1, p. 375.]
For purposes of this chapter, unless the provisions or context otherwise requires, the following definitions shall govern:
(1) "Abandoned home" means a home that:
(a) Is located in a community on a lot for which no rent has been paid for the preceding sixty (60) days; and
(b) The landlord reasonably believes under all the circumstances, by absence, words or actions, that the resident has left the home upon the lot with no intention of asserting any further claim to the lot or the home; or
(c) Is unoccupied or uninhabitable because of its total or partial destruction.
(2) "Community" means any real property that is rented or held out for rent to others for the placement of two (2) or more homes for the primary purpose of production of income.
(3) "Department" means the Idaho department of transportation.
(4) "Fees" means financial obligations incidental to a resident’s tenancy including, but not limited to, charges for late payments, pets, the storage of recreational vehicles and the use of community facilities.
(5) "Home" means a mobile home, a manufactured home or, for purposes of this chapter only, a park model recreational vehicle.
(6) "Landlord" means the owner, lessor, sublessor or operator, or any combination thereof, of a community and includes the agents of the landlord.
(7) "Lot" means a specific area or portion of land in a community for rent, designated and designed to accommodate one (1) home and its appurtenances and intended for the exclusive use as a residence by the approved occupants of that home.
(8) "Manager" means the person in charge of operations or in control of a community, whether or not he or she is the owner. "Manager" includes any company chosen by the landlord to administer or supervise the affairs of the community.
(9) "Manufactured home" or "manufactured house" means a structure as defined in subsection (8) of section 39-4105, Idaho Code.
(10) "Mobile home" means a structure as defined in subsection (9) of section 39-4105, Idaho Code.
(11) "Other charges" means fees, service charges, utility charges or any other financial obligations specified in the rental agreement, but not including rent.
(12) "Park model recreational vehicle" means a vehicle as defined in section 49-117, Idaho Code.
(13) "Recreational vehicle" means a vehicular type unit as defined in subsection (2) of section 39-4201, Idaho Code.
(14) "Rent" means periodic payments to be made in consideration for occupying a lot.
(15) "Rental agreement" means a lease or agreement between the landlord and the resident embodying the terms and conditions concerning the use and occupancy of a lot and includes month to month tenancies that arise out of the expiration of a fixed term rental agreement.
(16) "Resident" means a person lawfully entitled under a rental agreement or lease to occupy a lot in a community to the exclusion of others. "Resident" also means a tenant as that term is defined and used in other applicable state and federal laws.
(17) "Security" or "security deposit" means any refundable money or property given to assure payment or performance under a rental agreement.
(18) "Service charges" means separate charges paid for the use of electrical and gas service improvements that exist at a lot, or for trash removal, sewage and water, or any combination of the foregoing.
(19) "Transient" means a person who rents a lot for a period of less than one (1) month.
(20) "Utility" means a public utility that provides electricity, natural gas, liquefied petroleum gas, cable television, sewer services, garbage collection or water.
[55-2003, added 1980, ch. 177, sec. 1, p. 375; am. 1988, ch. 196, sec. 1, p. 370; am. 2011, ch. 184, sec. 3, p. 523; am. 2017, ch. 134, sec. 10, p. 321.]
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.
[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.]
(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.
[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.]
(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 homeowner 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 section 55-306, 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 regulating 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.
[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; am. 2024, ch. 257, sec. 2, p. 897; am. 2025, ch. 65, sec. 15, p. 315.]
(1) Any rental agreement executed between the landlord and resident shall contain:
(a) The terms for the payment of rent, including the time and place for payment, and a description of any other charges to be paid to the landlord by the resident. Other charges that occur less frequently than monthly shall be itemized in a billing to the resident;
(b) A description of the utilities and services which are included in the monthly rent;
(c) The rules of the community;
(d) The names and addresses of the manager of the community and the owner of the community or a person who resides in the state who is authorized to act as agent for the owner; and
(e) The terms and conditions under which any deposit or portion thereof may be withheld by the landlord upon termination of the rental agreement if any moneys are paid to the landlord by the resident as a deposit or as security for performance of the resident’s obligations in a rental agreement.
(2) Any rental agreement executed between the landlord and resident shall not contain:
(a) Any provision by which the resident agrees to waive or forgo rights or remedies under this chapter;
(b) Any provision allowing the landlord to charge an "entrance fee" or an "exit fee." The expense of repairs or maintenance required by the landlord as a condition of the landlord’s approval of a rental application shall not constitute an "entrance fee" or "exit fee" as those terms are used herein; or
(c) Any provision which unreasonably restricts access to the community by invitees of the resident.
(3) The following terms and conditions shall be an implicit part of any rental agreement between the landlord and resident:
(a) The landlord shall provide a base upon which the home is to be located and, in the case of a mobile or manufactured home, the base shall be prepared in accordance with the provisions of section 44-2201, Idaho Code.
(b) The landlord shall, prior to removal of the wheels and axles, approve the positioning of the home upon the lot.
(c) The landlord shall not permit any portion of the home, including the tongue, to extend into a roadway.
(d) The landlord shall maintain street lights, entry lights and common area lighting, if any, in good working condition.
(e) The landlord shall have the right of entry upon the lot for maintenance of utilities, protection of the community and periodic inspection of the premises, but shall not, except in the case of emergency or suspected abandonment by the resident, otherwise have the right of entry to such lot without the consent of the resident.
(f) The landlord shall notify each resident within fifteen (15) days after a petition has been filed by the landlord for a change in the zoning of the land upon which the community is situated.
(4) Upon request, the landlord shall, prior to the execution of a rental agreement, provide the resident with a written statement containing the following information:
(a) The name, address and telephone number of the owner or manager of the community.
(b) A general description of the types of homes which may be brought into the community.
(c) A general description of the boundaries of the lot to be provided.
(d) A description of the utilities and services which are included in the rent.
(e) A description of other utilities and services which are available within the community.
(f) A description of the zoning under which the community operates, and the governmental entity having zoning jurisdiction.
(g) The date and amount of the most recent rent increase.
[55-2007, added 1980, ch. 177, sec. 1, p. 376; am. 1988, ch. 196, sec. 5, p. 371; am. 1993, ch. 380, sec. 2, p. 1395; am. 2011, ch. 184, sec. 7, p. 526; am. 2017, ch. 134, sec. 12, p. 322.]
(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.
[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.]
(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.
[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.]
(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.
[55-2009A, added 1981, ch. 207, sec. 2, p. 373.; am. 2011, ch. 184, sec. 10, p. 528.]
(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.
[55-2009B, added 2011, ch. 184, sec. 11, p. 528.]
Prior to any sale pursuant to the provisions of section 55-2009B, Idaho Code, the possessory lienholder shall give at least ten (10) days’ notice of the sale by advertising in one (1) issue of a newspaper of general circulation in the county in which the abandoned home is located. Prior to the sale of any home to satisfy a lien, twenty (20) days’ notice by certified mail shall be given to the legal owner and to the department. All notices shall specify the make, the vehicle identification number and the date, time and place of the sale.
[55-2009C, added 2011, ch. 184, sec. 12, p. 529.]
(1) A legal owner of an abandoned home in the possession of a person holding a lien under the provisions of this chapter may release any interest in the home after the lien has attached.
(2) The release shall contain the following information:
(a) A description of the abandoned home, including the year, make and vehicle identification number;
(b) The names and addresses of the legal owners of record;
(c) A statement of the amount of the lien and the facts concerning the claim which give rise to the lien; and
(d) A statement that the person releasing the interest understands that he or she has a legal right to a hearing in court prior to the sale of the abandoned home and that he or she waives the right to contest the claim.
(3) A copy of the release shall be filed with the department in connection with the transfer of interest in an abandoned home under the provisions of this section.
[55-2009D, added 2011, ch. 184, sec. 13, p. 529.]
No lien sale conducted pursuant to this chapter shall be undertaken unless the landlord has permitted access for public inspection of the exterior of the abandoned home for at least one (1) hour prior to the sale. Sealed bids shall not be accepted. The possessory lienholder shall conduct the sale in a commercially reasonable manner.
[55-2009E, added 2011, ch. 184, sec. 14, p. 530.]
(1) The proceeds of a lien sale shall be disbursed as follows:
(a) To discharge the lien; then to actual costs of selling the property. The cost of selling shall be the actual cost, not to exceed two hundred dollars ($200), for each abandoned home;
(b) The balance, if any, shall be forwarded to the department within five (5) days of the sale for payment to the legal owner of any unpaid obligation or for deposit in the abandoned vehicle trust account.
(2) Any person claiming an interest in the abandoned home may file a claim with the department for any portion of the funds from the lien sale that were forwarded to the department. Upon determination by the department that the claimant is entitled to some amount, the department shall pay an amount that in no case shall exceed the amount forwarded to the department in connection with the sale of the abandoned home. The department shall not honor any claim not filed within two (2) years of the sale.
[55-2009F, added 2011, ch. 184, sec. 15, p. 530.]
(1) Tenancy during the term of a rental agreement may be terminated by the landlord only for one (1) or more of the following reasons:
(a) Substantial or repeated violation of the rental agreement or the written rules of the community. The resident shall be given written notice to comply. If the resident does not comply within three (3) days, the resident may be given notice of a twenty (20) day period in which to vacate. In the case of periodic rather than continuous violation, said notice shall specify that the same violation repeated shall result in the termination.
(b) Nonpayment of rent or other charges specified in the rental agreement. The resident shall be given written notice. If the resident does not pay within three (3) days the resident may be given notice of a thirty (30) day period in which to vacate.
(c) Closure of the community or any portion thereof by order of a federal, state or local authority. The resident shall be given the notice required by such order.
(d) In the event of a taking of the community or any portion thereof by eminent domain or cessation of the lot rental operation or a portion thereof, the landlord shall give the affected resident and any subtenant not less than one hundred eighty (180) days’ notice in writing prior to the date designated in the notice of termination. After the date notice of termination has been given as provided in this subsection, the landlord shall provide a copy of such notice to any prospective resident or purchaser if the home is to remain in the community. The landlord may not increase the rent during the notice period. This section does not limit a landlord’s right to terminate a tenancy for nonpayment of rent or for other causes under this chapter during the closure period.
(e) Abandonment.
(2) Except when a rental agreement is terminated for the reason provided in paragraph (e) of subsection (1) of this section, a landlord shall give the resident no less than ninety (90) days’ written notice of an intention not to renew the rental agreement.
(3) A resident shall notify the landlord in writing thirty (30) days prior to the expiration of a rental agreement of an intention not to renew the rental agreement.
(4) Any resident who is a member of the armed forces, including the national guard and armed forces reserves, may, without penalty, terminate a rental agreement with less than thirty (30) days’ notice if he receives reassignment or deployment orders which do not allow greater notice.
(5) The resident may terminate the rental agreement upon thirty (30) days’ written notice whenever a change in the location of the resident’s employment requires a change in his residence.
[55-2010, added, 1980, ch. 177, sec. 1, p. 378; am. 1988, ch. 196, sec. 8, p. 373; am. 2004, ch. 276, sec. 1, p. 766; am. 2011, ch. 184, sec. 16, p. 530.]
Rental agreements shall be automatically renewed for the original term, except as provided in section 55-2010, Idaho Code.
[55-2011, added 1980, ch. 177, sec. 1, p. 378.]
(1) The landlord shall not restrict the resident’s freedom of choice in purchasing goods or services but may reserve the right to approve or disapprove any exterior improvements on a lot. Any request for lot improvements or changes must be submitted in writing. The approval or disapproval must be given in writing, be reasonable and be uniformly applied.
(2) Improvements, except those fixed to the soil, the removal of which would significantly damage the landscape of the lot, shall remain the property of the resident. In removing improvements on termination of the rental agreement, the resident shall leave the lot in better or substantially the same condition as upon taking possession.
[55-2012, added 1980, ch. 177, sec. 1, p. 378; am. 1988, ch. 196, sec. 9, p. 374; am. 2011, ch. 184, sec. 17, p. 531.]
(1) Any payment, deposit, fee or other charge which is required by the landlord in addition to periodic rent, utility charges or service fees, and is collected as prepaid rent or a sum to compensate for any resident default is a deposit governed by the provisions of this section.
(2) The landlord shall maintain a separate record of the deposits.
(3) Upon termination of the landlord’s interest in the community, the landlord shall either transfer to his successor in interest that portion of the deposit remaining after making any deductions allowed under this section or return such portion to the resident.
(4) The claim of the resident to any deposit to which he is entitled by law takes precedence over the claims of any other creditor of the landlord.
[55-2013, added 1980, ch. 177, sec. 1, p. 378; am. 2011, ch. 184, sec. 18, p. 531.]
(1) The residents in a community have the right to organize a resident or homeowner’s association to further their mutual interest and to conduct any other business and programs that the association shall determine. Community residents have the right to peacefully assemble and freely associate. Subject to reasonable notice and community facility rules, an association shall have the right to use the facilities of the community to conduct its business and programs including forums for or speeches by public officials or candidates for public office. When an association is organized, it shall notify the landlord.
(2) A community resident association formed for the purpose of purchasing a community may give written notification to the landlord of the association’s interest in purchasing the community.
(3) For the purpose of notification, the community resident association shall provide the names and addresses of the three (3) designated members or officers of their community association to the landlord annually.
(4) A community resident association that has provided notification to the landlord, property owner, or agent of its interest to purchase the community may request in writing that it be notified by the landlord, property owner, or agent fifteen (15) days prior to the property owner or agent signing a purchase agreement. The landlord shall provide such notification to the three (3) members designated under subsection (3) of this section.
(5) This section shall not apply to any of the following:
(a) A governmental entity taking by eminent domain;
(b) A forced sale pursuant to foreclosure or a deed given in lieu of foreclosure;
(c) A transfer by gift, devise or operation of law;
(d) A transfer by a corporation to an affiliate;
(e) A conveyance incidental to financing the community;
(f) An exchange of the community for other real property;
(g) A transfer by a partnership to one (1) or more of its partners; or
(h) A sale or transfer to a person who would be an heir, or to a trust the beneficiaries of which would be heirs, of the community owner if the community owner were to die intestate.
[55-2013A, added 1988, ch. 196, sec. 10, p. 374; am. 2011, ch. 184, sec. 19, p. 531; am. 2024, ch. 127, sec. 1, p. 515.]
(1) A resident of a community may file an action against a landlord for damages and specific performance for:
(a) Failure to maintain in good working order, to the terminal point of service, electrical, water or sewer services supplied by the landlord;
(b) Maintaining the premises in a manner hazardous to the health or safety of the resident, including, but not limited to, a continuing violation of any of the following:
(i) Any rule adopted by the department of environmental quality governing public drinking water systems;
(ii) Any rule adopted by the department of environmental quality governing hazardous waste;
(iii) Any rule adopted by the public health district in which the community is located governing wastewater and onsite sewage treatment systems;
(iv) Any provision of the international fire code, as amended by the provisions of any fire code adopted by the county or municipality in which the community is located;
(v) Any provision of the uniform building code, as amended by the provisions of any building code adopted by the county or municipality in which the community is located.
Nothing contained in the provisions of this subsection is intended to extend the application of any such rule or code provision to a previously existing condition which, as of July 1, 1993, was exempt from the enforcement of such rule or code provision.
(c) Failure to return a security deposit as and when required by law;
(d) Breach of any term or provision of the lease or rental agreement materially affecting the health and safety of the resident, whether explicitly or implicitly a part thereof.
(2) Upon filing the complaint, a summons must be issued, served and returned as in other actions; provided however, that in an action exclusively for specific performance, at the time of issuance of the summons, the court shall schedule a trial within twelve (12) days from the filing of the complaint, and the service of the summons, complaint and trial setting on the defendant shall be not less than five (5) days before the day of trial appointed by the court. If the plaintiff brings an action for damages under this section, or combines this action for damages with an action for specific performance, the early trial provision shall not be applicable, and a summons must be issued returnable as in other cases upon filing the complaint.
(3) In an action under this section, the plaintiff, in his complaint, must set forth the facts on which he seeks to recover, describe the premises, and set forth any circumstances which may have accompanied the failure or breach by the landlord.
(4) If, upon the trial, the verdict of the jury, or, if the case be tried without a jury, the finding of the court, be in favor of the plaintiff against the defendant, judgment shall be entered for such special damages as may be proven. General damages may be awarded but shall not exceed five hundred dollars ($500). Judgment may also be entered requiring specific performance for any breach of agreement shown by the evidence, and for costs and disbursements.
(5) Before a resident shall have standing to file an action under this section, he or she must give his or her landlord three (3) days’ written notice, listing each failure or breach upon which his action will be premised and written demand requiring performance or cure. If, within three (3) days after service of the notice, any listed failure or breach has not been performed or cured by the landlord, the resident may proceed to commence an action for damages and specific performance.
(6) The notice required in subsection (5) of this section shall be served either:
(a) By delivering a copy to the landlord or his agent personally; or
(b) If the landlord or his agent is absent from his usual place of business, by leaving a copy with an employee at the usual place of business of the landlord or his agent; or
(c) By sending a copy of the notice to the landlord or his agent by certified mail, return receipt requested.
(7) The landlord is not liable if the maintenance condition was caused by the deliberate or negligent act or omission of the resident, a member of the resident’s family or other person on the premises with the resident’s consent.
[55-2014, added 1993, ch. 380, sec. 4, p. 1397; am. 2001, ch. 103, sec. 95, p. 334; am. 2002, ch. 86, sec. 11, p. 203; am. 2011, ch. 184, sec. 20, p. 532.]
The landlord shall not terminate a tenancy, refuse to renew a tenancy, increase rent or decrease services he normally supplies, or threaten to bring an action for repossession of a lot as retaliation against the resident because the resident has:
(1) Complained in good faith about a violation of a building, safety or health code or regulation pertaining to a community to the governmental agency responsible for enforcing the code or regulation.
(2) Complained to the landlord concerning the maintenance or condition of the community, rent charged or rules.
(3) Organized, become a member of or served as an official in a community resident association, or similar organization, at a local, regional, state or national level.
(4) Retained counsel or an agent to represent his interests.
[55-2015, added 1980, ch. 177, sec. 1, p. 379; am. 1988, ch. 196, sec. 12, p. 375; am. 2011, ch. 184, sec. 21, p. 533.]
The landlord and resident may agree in writing to submit any dispute arising under the provisions of this chapter, or under the terms, conditions or performance of the rental agreement or under the rules of the community, to mediation or binding arbitration by an independent third party.
[55-2016, added 1993, ch. 380, sec. 5, p. 1398; am. 2011, ch. 184, sec. 22, p. 534.]
If upon the trial of any action brought under the provisions of section 55-2014, Idaho Code, or those of section 6-302 or 6-303, Idaho Code, the court shall find that the defendant acted with malice, wantonness or oppression, judgment may be entered for three (3) times the amount at which actual damages are assessed.
[(55-2017) 1980, ch. 177, sec. 1, p. 380; am. and redesig. 1993, ch. 380, sec. 6, p. 1398.]
In any action brought under the provisions of this chapter, or those of section 6-302 or 6-303, Idaho Code, except in those cases where treble damages are awarded, the prevailing party shall be entitled to an award of attorney’s fees.
[55-2018, added 1993, ch. 380, sec. 7, p. 1399.]
Venue for any action arising under this chapter shall be in the district court of the county in which the lot is located.
[(55-2019) 1980, ch. 177, sec. 1, p. 380; am. and redesig. 1993, ch. 380, sec. 8, p. 1399; am. 2011, ch. 184, sec. 23, p. 534.]
(1) Any three (3) day notice to the resident as required by the provisions of this chapter may be served either:
(a) By delivering a copy to the resident personally; or
(b) If the resident be absent from the lot, by leaving a copy with someone of suitable age and discretion at the lot and sending a copy through the mail addressed to the resident at the lot. If a person of suitable age or discretion cannot be found at the lot, then by affixing a copy in a conspicuous place on the lot and sending a copy by certified mail return receipt requested addressed to the resident at the lot.
(2) Unless otherwise provided, any notice to the resident in excess of three (3) days as required by the provisions of this chapter may be served either:
(a) By delivering a copy to the resident personally; or
(b) By sending a copy by certified mail return receipt requested addressed to the resident at the lot.
(3) Service upon a subtenant may be made in the manner as provided in this section.
[55-2020, added 2011, ch. 184, sec. 24, p. 534.]
As used in this chapter:
(1) "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of real property, assuring its availability for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property.
(2) "Holder" means:
(a) A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or
(b) A charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property.
(3) "Third-party right of enforcement" means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder.
[55-2101, added 1988, ch. 222, sec. 1, p. 422.]
(1) Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements.
(2) No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.
(3) Except as provided in subsection (2) of section 55-2103, Idaho Code, a conservation easement is unlimited in duration unless the instrument creating it otherwise provides.
(4) An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to the conservation easement or consents to it.
[55-2102, added 1988, ch. 222, sec. 1, p. 423.]
(1) An action affecting a conservation easement may be brought by:
(a) An owner of an interest in the real property burdened by the easement;
(b) A holder of the easement;
(c) A person having a third-party right of enforcement; or
(d) A person authorized by other law.
(2) This chapter does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.
[55-2103, added 1988, ch. 222, sec. 1, p. 423.]
A conservation easement is valid even though:
(1) It is not appurtenant to an interest in real property;
(2) It can be or has been assigned to another holder;
(3) It is not of a character that has been recognized traditionally at common law;
(4) It imposes a negative burden;
(5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
(6) The benefit does not touch or concern real property; or
(7) There is no privity of estate or of contract.
[55-2104, added 1988, ch. 222, sec. 1, p. 423.]
(1) This chapter applies to any interest created after its effective date which complies with this chapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise. The instrument creating the conservation easement shall state it was created under the provisions of this chapter.
(2) This chapter applies to any interest created before its effective date if it would have been enforceable had it been created after its effective date unless retroactive application contravenes the constitution or laws of this state or the United States.
This chapter does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under other law of this state.
[55-2105, added 1988, ch. 222, sec. 1, p. 423.]
This chapter shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of the chapter among states enacting it.
[55-2106, added 1988, ch. 222, sec. 1, p. 424.]
A conservation easement pursuant to this chapter shall not be created through eminent domain proceedings pursuant to chapter 7, title 7, Idaho Code.
[55-2107, added 1988, ch. 222, sec. 1, p. 424.]
No interest in real property cognizable under the statutes, common law or custom in effect in this state prior to the effective date of this chapter shall be impaired, invalidated, or in any way adversely affected by reason of any provision of this chapter. No provision of this chapter shall be construed to mean that conservation easements were not lawful estates in land prior to the effective date of this chapter. Nothing in this chapter shall be construed so as to impair the rights of any entity with eminent domain authority pursuant to chapter 7, title 7, Idaho Code, with respect to right-of-way, easements or other property rights upon which facilities, plants, highway systems or other systems of that entity are located or are to be located. Nothing in this chapter shall be construed so as to impair or conflict with the provisions of chapter 46, title 67, Idaho Code, relating to the preservation of historic sites, or with the provisions of chapter 43, title 67, Idaho Code, relating to the preservation of recreational places.
[55-2108, added 1988, ch. 222, sec. 1, p. 424.]
The granting of a conservation easement across a piece of property shall not have an effect on the market value of property for ad valorem tax purposes and when the property is assessed for ad valorem tax purposes, the market value shall be computed as if the conservation easement did not exist.
[55-2109, added 1988, ch. 222, sec. 1, p. 424.]
It is the intent of the legislature in enacting this chapter to create a system of stakeholder-driven education and enforcement addressing the prevention of damage to underground facilities, to assign responsibilities for locating and keeping accurate records of underground facility locations, for preventing and repairing damage to existing underground facilities, for collecting, storing, analyzing and disseminating data related to underground facility damage and excavator downtime events, and for protecting the public health and safety from great personal harm including death, property damage and interruption in vital services caused by damage to existing underground facilities. It is further the intent of the legislature that the state of Idaho, by adopting this chapter, reaffirms its primacy over underground facility damage prevention programs that protect the health, safety and property of its citizens and that, by adopting this chapter, Idaho precludes the pipeline and hazardous materials safety administration of the United States department of transportation from determining that Idaho’s damage prevention enforcement is inadequate pursuant to 49 CFR part 198, as adopted on July 9, 2015, and effective on January 1, 2016, and prevents any subsequent federal administrative enforcement actions that would result from such a formal determination.
[55-2201, added 1990, ch. 351, sec. 1, p. 940; am. 2016, ch. 325, sec. 1, p. 894.]
As used in this chapter:
(1) "Administrator" means the administrator of the division of occupational and professional licenses.
(2) "Board" means the damage prevention board.
(3) "Business day" means any day other than Saturday, Sunday, or a legal, local, state, or federal holiday.
(4) "Damage" means any impact or exposure that results in the substantial weakening of structural or lateral support of an underground facility, or the penetration, impairment, or destruction of any underground protective coating, housing, or other protective device, or the partial or complete destruction of the facility, or the severance, partial or complete, of any underground facility to the extent that the project owner or the affected underground facility owner determines that repairs are required.
(5) "Emergency" means any sudden or unforeseen condition that compels immediate action to prevent or resolve:
(a) A clear and present danger to life, health, or property;
(b) An unplanned customer service outage; or
(c) The blockage of roads or transportation facilities.
(6) "Emergency excavation" means an excavation performed in response to an emergency.
(7) "End user" means any customer or consumer of any utility service or commodity provided by an underground facility owner.
(8) "Excavation" means any operation in which earth, rock, or other material in the ground is moved or otherwise displaced by any means including, but not limited to, explosives.
(9) "Excavator" means any person who engages directly in excavation.
(10) "Excavator downtime" means lost time for an excavation project due to failure of one (1) or more stakeholders to comply with applicable damage prevention regulations.
(11) "Hand digging" means any excavation involving nonmechanized tools or equipment that when used properly will not damage underground facilities. Hand digging includes, but is not limited to, hand shovel digging, manual posthole digging, vacuum excavation, and soft digging.
(12) "Identified but unlocatable underground facility" means an underground facility that has been identified but cannot be located with reasonable accuracy.
(13) "Identified facility" means any underground facility that is indicated in the project plans as being located within the area of proposed excavation.
(14) "Locatable underground facility" means an underground facility that can be field-marked with reasonable accuracy.
(15) "Locator" means a person who identifies and marks the location of an underground facility owned or operated by an underground facility owner.
(16) "Marking" means the use of stakes, paint, or other clearly identifiable materials to show the field location of underground facilities, in accordance with the current color code standard of the American public works association. Markings shall include identification letters indicating the specific type of the underground facility.
(17) "Notice of emergency excavation" means an excavator call to a one-number notification service not less than two (2) hours prior to commencing the emergency excavation to provide a description of the emergency, the location of the emergency excavation area, contact information for an individual with the excavator who may be reached throughout the emergency, and expected time and date of the emergency excavation.
(18) "One-number notification service" means a service through which a person can notify owners of underground facilities and request field-marking of their underground facilities.
(19) "Person" means an individual, partnership, association, corporation, a state, a city, a county, or any subdivision or instrumentality of a state, and its employees, agents, or legal representatives.
(20) "Public right-of-way" means the area on, below, or above a public roadway, highway, street, lane, path, sidewalk, alley, or other right-of-way dedicated for compatible uses.
(21) "Reasonable accuracy" or "reasonably accurate" means location within twenty-four (24) inches horizontally of the outside dimensions of each side of an underground facility.
(22) "Rural underground facility owner" means an underground facility owner that is a public utility or a member-owned cooperative that serves fewer than five thousand (5,000) total customers in a county or counties with populations that do not exceed fifty thousand (50,000) people.
(23) "Service lateral" means any underground facility located in a public right-of-way or underground facility easement that is used to convey water (unless being delivered primarily for irrigation), stormwater, or sewage and connects an end user’s building or property to an underground facility owner’s main utility line.
(24) "Soft digging" means any excavation using tools or equipment that utilize air or water pressure as the direct means to break up soil or earth for removal by vacuum excavation.
(25) "Stakeholder" means any party with an interest in protecting underground facilities including, but not limited to, persons, property owners, underground facility owners, excavators, contractors, cities, counties, highway districts, railroads, public entities that deliver irrigation water and those engaged in agriculture.
(26) "Underground facility" means any item buried or placed belowground for use in connection with the storage or conveyance of water (unless being delivered primarily for irrigation), stormwater, sewage, electronic, telephonic or telegraphic communications, cable television, electric energy, petroleum products, gas, gaseous vapors, hazardous liquids, or other substances and includes but is not limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments, and those parts of poles or anchors belowground.
(27) "Underground facility easement" means a nonpossessory right to operate, control, bury, install, maintain, or access an underground facility.
(28) "Underground facility owner" means any person who owns or operates an underground facility or who provides any utility service or commodity to an end user via an underground facility.
[55-2202, added 1990, ch. 351, sec. 1, p. 940; am. 1991, ch. 170, sec. 1, p. 409; am. 2016, ch. 325, sec. 2, p. 895; am. 2019, ch. 182, sec. 1, p. 587; am. 2019, ch. 256, sec. 1, p. 764; am. 2020, ch. 82, sec. 35, p. 205; am. 2023, ch. 15, sec. 74, p. 115; am. 2023, ch. 191, sec. 1, p. 521.]
(1) The Idaho damage prevention board is hereby created and made a part of the division of occupational and professional licenses. The principal purpose of the board is to reduce damages to underground facilities and to promote safe excavation practices through education directed toward excavators, underground facility owners and the public at large. The board also shall review complaints of alleged violations of this chapter. It shall be the responsibility and duty of the administrator to administer this chapter, and the administrator shall exercise such powers and duties as are reasonably necessary to enforce the provisions of this chapter.
(2) The board shall consist of eleven (11) members, each of whom shall be appointed by and serve at the pleasure of the governor. All members of the board shall be qualified by experience, knowledge and integrity in formulating rules, reviewing complaints referred to it, assessing penalties, and properly performing the functions of the board. Of the eleven (11) members, one (1) each shall represent the interests of the following designated groups and be:
(a) A city official or a county official;
(b) An employee or elected official of a highway district;
(c) An employee of the Idaho public utilities commission;
(d) An employee or officer of a one-number notification service entity or a member of the Idaho utility coordinating council or similar cooperative statewide nonprofit organization created to coordinate the protection of underground facilities in specific geographic portions of the state;
(e) An employee or officer of an underground facility owner;
(f) An employee or officer of an underground pipeline facility owner;
(g) An employee or officer of a rural underground facility owner;
(h) An employee or officer of a contractor;
(i) An employee or officer of a building contractor;
(j) An employee or officer of an excavator; and
(k) An employee or owner of an agricultural enterprise, a representative of the agriculture industry, or an employee or an official of a public entity that delivers water for irrigation.
(3) Each member of the board shall serve a term of four (4) years, and such terms shall be staggered. The initial board shall have three (3) members whose terms expire July 1, 2018; four (4) members whose terms expire July 1, 2019; and four (4) members whose terms expire July 1, 2020. Thereafter, each board member shall be appointed for a term of four (4) years. No member of the board may be appointed to more than two (2) consecutive terms. A member may continue to serve until a successor is appointed. A successor must represent the same designated group that his predecessor was appointed to represent.
(4) The board shall meet within thirty (30) days after the appointment of all its members and thereafter at such other times as may be expedient and necessary for the proper performance of its duties, but the board shall hold at least two (2) regular meetings per year. At the board’s first meeting, the members shall elect one (1) of their number to be chairman and one (1) to serve as the vice chairman. The chairman may serve in such capacity for a one (1) year term and may not serve in such capacity for more than two (2) consecutive terms. A majority of the board shall constitute a quorum for the transaction of business. The administrator shall serve as the secretary to the damage prevention board.
(5) Each member of the board shall be compensated as provided by section 59-509(n), Idaho Code.
(6) Each member of the board who is a contractor shall be registered in accordance with chapter 52, title 54, Idaho Code, and shall be in good standing.
(7) The activities of the board shall be funded by a fee established by the board and promulgated in rule. Such fee shall be adopted by the board by no less than eight (8) affirmative votes at a meeting duly called for such purpose at which a quorum is present and shall be imposed uniformly upon all of the underground facility owners required by the provisions of this chapter to participate in and cooperate with the one-number notification service. The fee shall be assessed upon an underground facility owner each time such owner receives notice from a one-number notification service as required by section 55-2205, Idaho Code. The fee is established to defray the expenses of the board and the division in supervising, regulating and administering the provisions of this chapter, and the provision of services hereunder. The fee assessed upon an underground facility owner shall be collected by a one-number notification service and payable to the board in accordance with a schedule and in a manner established by the board in rule. All fees collected by the board shall be deposited with the state treasurer to be credited to the occupational licenses fund.
(8) The board shall cause educational materials regarding safe digging practices and the dangers of failing to provide notice prior to excavating to be prepared and distributed statewide on an ongoing basis. The board may enter into agreements with other entities for this purpose.
(9) The board, by rule, may adopt or create training programs on all pertinent underground damage prevention topics, which may include, but are not limited to, safe excavation, locating and marking of facilities, determining facility damage, emergency procedures, excavator downtime, pre-marking of intended excavation areas, and procedures used when encountering unmarked facilities, for general use or for remedial training that may be ordered by the board pursuant to section 55-2211, Idaho Code.
(10) The board shall periodically review the effectiveness of the methods used for maintaining effective communications among stakeholders from receipt of an excavation notification until successful completion of the excavation and may adopt, by rule, methods to maintain or improve these communications among stakeholders.
(11) The board shall review complaints alleging violations of this chapter by any party against any other party subject to the jurisdiction of the board involving practices related to public safety and underground facilities damage prevention, including but not limited to notification procedures, pre-marking of areas to be excavated, marking of facilities, excavation practices, excavator downtime, inaccurate location of facilities, untimely location of facilities, untimely commencement of excavation, failure of a permitting entity to reinstate a permit in a timely manner, failure of an underground facility owner to participate in a one-number notification service as required, or failure by a party to report damage data when required, and may impose appropriate training requirements or enforcement discipline as authorized by this chapter. The proceedings shall be governed by the provisions of section 55-2211 and chapter 52, title 67, Idaho Code. Any party aggrieved by the action of the board shall be entitled to judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.
(12) To continually evaluate and improve program effectiveness, the board shall analyze the data collected pursuant to section 55-2208, Idaho Code, including the number of reported damage and downtime events and trends, the causes of such damage and any recommendations to further reduce the number of damage or downtime events annually. The board shall make its analysis publicly available.
(13) The board shall adopt, by rule, a process for reviewing the adequacy of underground facility owners’ use of internal performance measures for those locating underground facilities and recommending changes to improve such performance.
(14) The board shall adopt, by rule, a process for reviewing and promoting the use, by all appropriate stakeholders, of improving technologies that may enhance communications, underground facility locating capability and the gathering and analysis of appropriate data.
(15) The board is authorized and directed to promulgate rules consistent with this act for the administration of this chapter and to effectuate the purpose thereof, except as may be limited or prohibited by law and the provisions of this chapter.
(16) The board may exercise such powers and duties as are reasonably necessary to carry out the provisions of this chapter. The board is authorized to and may, among other activities:
(a) Hold meetings and attend or be represented at such meetings, prepare and publish rules pertaining to this section, make investigation or inquiry, conduct hearings, report findings and enter orders in matters over which the board has authority;
(b) Summon witnesses to appear and testify before it on any matter within the provisions of this chapter. No person shall be required to testify outside the county wherein he resides or where his principal place of business is located. A summons to testify shall be issued and served in like manner as a subpoena of a witness issued from the district court, or in any other manner consistent with the procedures of the division of occupational and professional licenses;
(c) Administer oaths and take affirmations of witnesses appearing before the board and appoint competent persons to issue subpoenas, administer oaths and take testimony, and appoint hearing officers;
(d) Impose civil penalties and conduct hearings related thereto for violations of this chapter or the rules of the board;
(e) Enter into agreements with any vendor or contractor to provide services or administer any obligation imposed on the board or the administrator by law, as well as the authority to make expenditures, and to make purchases in accordance with chapter 57, title 67, Idaho Code, to effectuate such agreements; and
(f) Delegate to the administrator the power to perform ministerial functions, conduct investigations, recommend and collect civil penalties on its behalf and appoint hearing officers.
(17) The board may establish by administrative rule the fines to be paid for penalties issued for violations of this chapter. In no case shall the penalty exceed the limits prescribed in section 55-2211, Idaho Code.
(18) The board may receive contributions, gifts and grants on behalf of and in aid of the program. Such contributions, gifts and grants shall be deposited in the occupational licenses fund.
[55-2203, added 2016, ch. 325, sec. 3, p. 896; am. 2021, ch. 222, sec. 43, p. 654; am. 2021, ch. 224, sec. 79, p. 691.]
(1) Before commencing excavation, the excavator shall:
(a) Comply with other applicable law or permit requirements of any public agency issuing permits;
(b) Pre-mark on-site the path of excavation with white paint or, as the circumstances require, other reasonable means that will set out clearly the path of excavation. An excavator need not pre-mark as required in this subsection if:
(i) The underground facility owner or its agent can determine the location of the proposed excavation by street address or lot and block by referring to a locate ticket; or
(ii) The excavator and underground facility owner have had a meeting prior to the beginning of the proposed excavation at the excavation site for the exchange of information required under this subsection.
(c) Provide notice of the scheduled commencement of excavation to all underground facility owners through a one-number notification service. If no one-number notification service is available, notice shall be provided individually to those owners of underground facilities known to have or suspected of having underground facilities within the area of proposed excavation. The notice shall be communicated by the excavator to the one-number notification service or, if no one-number notification service is available, to the owners of underground facilities not less than two (2) business days nor more than ten (10) business days before the scheduled date for commencement of excavation, unless otherwise agreed in writing by the parties.
(2) Upon receipt of the notice provided for in this section, the underground facility owner or the owner’s agent shall locate and mark its locatable underground facilities with reasonable accuracy, as defined in section 55-2202, Idaho Code, by surface-marking the location of the facilities. If there are identified but unlocatable underground facilities, the owner of such facilities or the owner’s agent shall locate and mark the underground facilities in accordance with the best information available to the owner of the underground facilities. The owner of the underground facility or the owner’s agent providing the information shall respond no later than two (2) business days after the receipt of the notice or before the excavation time set forth in the excavator’s notice, at the option of the underground facility owner, unless otherwise agreed in writing by the parties. Excavators shall not excavate until all known facilities have been marked. Once marked by the owner of the underground facility, or the owner’s agent, the excavator is responsible for maintaining the markings. Unless otherwise agreed in writing by the parties, maintained markings shall be valid for purposes of the notified excavation for a period of no longer than four (4) consecutive weeks following the date of notification as long as it is reasonably apparent that site conditions have not changed so substantially as to invalidate the markings. If excavation has not commenced within three (3) weeks from the original notice to underground facility owners through the one-number notification service, the excavator shall reinitiate notice in accordance with this section.
(a) Excavators shall have the right to receive compensation from the owner of the underground facility for costs incurred if the owner of the underground facility does not locate its facilities in accordance with this chapter.
(b) An owner of an underground facility shall have the right to receive compensation for costs incurred in responding to an excavation notice given less than two (2) business days prior to the excavation except for notices given for emergency excavations under subsection (4) of this section and unidentified facilities discovered under subsection (5) of this section.
(3) An end user shall not be required to locate or mark any service lateral. An underground facility owner who provides any utility service or commodity via a service lateral shall locate and mark the service lateral in accordance with the provisions of subsection (2) of this section. Nothing in this subsection shall be construed to impose an indemnification obligation prohibited by law on any public agency as defined in section 67-2327, Idaho Code, or to alter the liability of any public agency as provided by law, including article VIII of the constitution of the state of Idaho.
(4)(a) Emergency excavations are exempt from the time requirements for notice as provided in this section when an excavator determines a delay caused by providing notice would cause an imminent risk to life, health, or property; however, an excavator is required to provide notice of emergency excavation in all other emergency situations.
(b) Upon receiving notice of an emergency excavation, an underground facility owner or its designated agent shall:
(i) Within one (1) hour of receiving the notice of emergency excavation, attempt to contact the excavator at the telephone number provided in the notice of emergency excavation to provide any information concerning underground facilities within the emergency excavation area and the anticipated response time of the underground facility owner or its designated agent; and
(ii) Unless the underground facilities owner informs the excavator that it is impossible or impracticable under the circumstances and provides the excavator with an expected arrival time that is as soon as reasonably feasible, or if the parties agree to a different arrival time, arrive at the emergency excavation site within two (2) hours of receiving the notice of emergency excavation to locate and mark underground facilities within the emergency excavation area.
(c) If an underground facility owner or its designated agent is unable to locate and mark underground facilities identified in the notice of emergency excavation, the underground facility owner shall immediately attempt to notify the excavator at the telephone number provided in the notice of emergency excavation.
(5) If the excavator, while performing the excavation, discovers underground facilities (whether active or abandoned) that are not identified or were not located in accordance with subsection (2) of this section, the excavator shall cease excavating in the vicinity of the facility and immediately notify the owner or operator of such facilities, or the one-number notification service. The excavator shall have the right to receive compensation from the underground facility owner for standby cost (based on standby rates made publicly available) incurred as a result of waiting for the underground facility owner or the owner’s agent to arrive at the work site to identify the unidentified facilities and provided that if the underground facility owner or the owner’s agent supplies the locate information required under subsection (2) of this section within eight (8) hours of the time that the excavator notifies the underground facility owner of facilities not previously located, the excavator’s compensation for delay of the excavation project shall be limited to actual costs or two thousand dollars ($2,000), whichever is less.
[(55-2205) 55-2203, added 1990, ch. 351, sec. 1, p. 941; am. 1991, ch. 170, sec. 2, p. 411; am. 2002, ch. 351, sec. 1, p. 1001; am. and redesig. 2016, ch. 325, sec. 5, p. 899; am. 2019, ch. 182, sec. 2, p. 588; am. 2019, ch. 256, sec. 2, p. 766; am. 2023, ch. 191, sec. 2, p. 523.]
Two (2) or more persons who own or operate underground facilities in a county may voluntarily establish or contract with a third person to provide a one-number notification service to maintain information concerning underground facilities within a county. Upon the establishment of the first such one-number notification service, all underground facility owners with underground facilities within said county shall participate and cooperate with the service, and no duplicative service shall be established pursuant to this chapter. The activities of the one-number notification service shall be funded by all of the underground facility owners required by the provisions of this section to participate in and cooperate with the service. Each underground facility owner required to participate in a one-number notification service is subject to the jurisdiction of the damage prevention board established in section 55-2203, Idaho Code, and shall maintain accurate contact information, updated at least annually, with the one-number notification service for individuals responsible for the operation of the underground facilities of the underground facility owner, including contact information for individuals responsible for responding to an emergency.
[(55-2206) 55-2204, added 1990, ch. 351, sec. 1, p. 942; am. and redesig. 2016, ch. 325, sec. 6, p. 900; am. 2019, ch. 256, sec. 3, p. 766; am. 2023, ch. 191, sec. 3, p. 526.]
(1) Project owners shall indicate in bid or contract documents the existence of underground facilities known by the project owner to be located within the proposed area of excavation.
(2) An excavator shall use reasonable care to avoid damaging underground facilities. An excavator shall:
(a) Determine by hand digging, in the area twenty-four (24) inches or less from the facilities, the precise actual location of underground facilities that have been marked;
(b) Plan the excavation to avoid damage to or minimize interference with underground facilities in and near the excavation area; and
(c) Provide such support for underground facilities in and near the construction area, including during backfill operations, as may be reasonably necessary for the protection of such facilities.
(3) If an underground facility is damaged and such damage is the consequence of the failure to fulfill an obligation under this chapter, the party failing to perform that obligation shall be liable for the damage to the underground facility. Nothing in this chapter prevents the parties to an excavation contract from contracting with respect to the allocation of risk for changed or differing site conditions.
(4) In any action brought under this section, the prevailing party is entitled to reasonable attorney’s fees.
[(55-2207) 55-2205, added 1990, ch. 351, sec. 1, p. 942; am. and redesig. 2016, ch. 325, sec. 7, p. 901; am. 2023, ch. 191, sec. 4, p. 526.]
(1) An excavator who, in the course of excavation, contacts or damages an underground facility shall notify the underground facility owner and the one-number notification service. If the damage causes an emergency condition or an actual breach of an underground facility that releases gas or hazardous liquids into the surrounding environment, the excavator causing the damage shall also alert the appropriate local public safety agencies by, at a minimum, calling 911, and take all appropriate steps to ensure the public safety. No damaged underground facility may be buried until it is repaired or relocated.
(2) The owner of the underground facilities damaged shall arrange for repairs or relocation as soon as is practical or may permit the excavator to do necessary repairs or relocation at a mutually acceptable price.
(3) Any party responsible for damages to an underground facility shall be liable for the cost of repairs.
(4) The board shall adopt by rule a procedure for the processing of claims related to damages to underground facilities.
(5) Underground facility owners who observe or suffer damage to an underground facility and excavators who observe or suffer excavator downtime related to a failure of one (1) or more stakeholders to comply with applicable damage prevention regulations shall report such information to the board in accordance with the rules promulgated by the board. Reporting of such data does not constitute a complaint provided for in section 55-2211, Idaho Code.
[(55-2208) 55-2206, added 1990, ch. 351, sec. 1, p. 943; am. 2002, ch. 351, sec. 2, p. 1003; am. and redesig. 2016, ch. 325, sec. 8, p. 901; am. 2019, ch. 182, sec. 3, p. 589.]
(1) Any public agency, as defined in section 67-2327, Idaho Code, that has the authority to issue excavation, building or other similar permits shall notify persons seeking such permits of the existence of this chapter and the one-number notification service telephone number.
(2) A permit shall not be valid for excavation until or unless the notice provisions of this section have been complied with, and the portion of the permit directly relating to excavation may be suspended by the issuing public agency if the permit holder violates any provisions of this chapter. The issuing public agency shall reinstate the permit at no charge within forty-eight (48) hours of receiving evidence of compliance with the provisions of this chapter.
[(55-2209) 55-2207, added 1990, ch. 351, sec. 1, p. 943; am. 1991, ch. 170, sec. 3, p. 412; am. and redesig. 2016, ch. 325, sec. 9, p. 902.]
Unless facts exist which would reasonably cause an excavator to believe that an underground facility exists within the depth of the intended excavation, the following excavations shall not require notice of the excavation pursuant to section 55-2205(1)(c), Idaho Code:
(1) An excavation of less than fifteen (15) inches in vertical depth outside the boundaries of an underground facility easement of public record on private property.
(2) The tilling of soil to a depth of less than fifteen (15) inches for agricultural practices.
(3) The extraction of minerals within recorded mining claims or excavation within material sites legally located and of record, unless such excavation occurs within the boundaries of an underground facility easement.
(4) Normal maintenance of roads, streets and highways, including cleaning of roadside drainage ditches and clear zones, to a depth of fifteen (15) inches below the grade established during the design of the last construction of which underground facility owners were notified and which excavation will not reduce the authorized depth of cover of an underground facility.
(5) Replacement of highway guardrail posts, sign posts, delineator posts, culverts, and traffic control device supports in the same approximate location and depth of the replaced item within public highway rights-of-way.
(6) Normal maintenance of railroad rights-of-way, except where such rights-of-way intersect or cross public roads, streets, highways, or rights-of-way adjacent thereto, or recorded underground facility easements.
[(55-2210) 55-2208, added 1990, ch. 351, sec. 1, p. 943; am. 1991, ch. 170, sec. 4, p. 412; am. 2002, ch. 351, sec. 3, p. 1003; am. and redesig. 2016, ch. 325, sec. 10, p. 902.]
(1) The damage prevention board established in section 55-2203, Idaho Code, may hear, but may not initiate, contested cases of alleged violations of this chapter involving practices related to underground facilities as set forth in rule by the board. Persons who violate the provisions of this chapter are subject to civil penalties in accordance with this section. Complaints regarding an alleged violation of this chapter may be made by any individual and shall be made to the administrator. Complaints shall include the name and address of the complainant and the alleged violator and the violation alleged. If the alleged violation involves facility damage or a downtime event, the complaint must be submitted on such forms and contain such information as required by the board in rule. Upon review of the complaint, and any investigation conducted therewith, the administrator shall notify the person making the complaint and the alleged violator, in writing, of the administrator’s recommended course of action to the board. The administrator shall recommend that a training course adopted by the board, by rule, be successfully completed for a first violation of this chapter, except that if the complaint is for a first violation of this chapter wherein a residential homeowner or residential tenant excavating on the lot of his residency failed to provide notice as required in section 55-2205, Idaho Code, and caused damage to underground facilities, the board shall direct the administrator to deliver to the violator a written warning and educational materials to prevent a future violation. The administrator may recommend the imposition of a civil penalty in an amount not to exceed one thousand dollars ($1,000) for a second violation of this chapter and in addition may recommend successful completion of a training course adopted by the board, by rule, and issue a notice of intent to impose such penalty on behalf of the board. If the administrator recommends the imposition of a civil penalty, the violator may pay the fine to the board upon receipt of such notice. If, upon the expiration of twenty-one (21) days, the violator has not responded in writing to the division, the board may impose the penalty provided for in the notice. A violator shall also have the right to contest the imposition of a civil penalty to the board and the opportunity to produce evidence in his behalf. Notice of the time and place of such hearing shall be provided by the board, and such proceeding shall be governed by the provisions of chapter 52, title 67, Idaho Code.
(2) In the event the board determines that a person has violated the provisions of this chapter a subsequent time within eighteen (18) months from an earlier violation, and where facility damage has occurred, the board may impose a civil penalty of not more than five thousand dollars ($5,000) for each separate violation in accordance with the process described in subsection (1) of this section.
(3) All civil penalties recovered shall be deposited in the occupational licenses fund.
(4) The penalties provided in this section are in addition to any other remedy at law or equity available to any party subject to the jurisdiction of the damage prevention board established in section 55-2203, Idaho Code.
(5) Unless expressly provided herein, nothing in this chapter eliminates, alters or otherwise impairs common law, statutory or other preexisting rights and duties of persons affected by the provisions of this chapter; nor does anything in this chapter, unless expressly so provided, eliminate, alter or otherwise impair other remedies, state or federal, including those at common law, of an underground facility owner whose facility is damaged; nor do the provisions of this chapter affect any civil remedies for personal injury or property damage except as expressly provided for herein. The court in its discretion may award attorney’s fees and costs to the prevailing party.
[(55-2211) 55-2209, added 1990, ch. 351, sec. 1, p. 943; am. 2002, ch. 351, sec. 4, p. 1004; am. and redesig. 2016, ch. 325, sec. 11, p. 902; am. 2021, ch. 224, sec. 81, p. 694.]
The notification and marking provisions of this chapter may be waived for one or more designated persons by an underground facility owner with respect to all or part of that underground facility owner’s own underground facilities.
[(55-2212) 55-2210, added 1990, ch. 351, sec. 1, p. 944; am. and redesig. 2016, ch. 325, sec. 12, p. 904.]
As used in this chapter:
(1) "Default" means the failure by the lessee to perform, on time, any obligation or duty set forth in the rental agreement or the provisions of this chapter.
(2) "Last known address" means the address provided by the lessee in the rental agreement or the address provided by the lessee to the operator in a subsequent written notice of a change of address.
(3) "Leased space" means the individual storage space at the self-service storage facility that is or may be rented to a lessee pursuant to a rental agreement. The leased space may be enclosed, covered, or open storage.
(4) "Lessee" means a person, sublessee, successor, or assignee entitled to the use of a leased space at a self-service storage facility under the terms of a rental agreement.
(5) "Operator" means the owner, operator, lessor, or sublessor of a self-service storage facility or an agent or another person authorized to manage the facility or to receive rent from a lessee under a rental agreement. The term does not include a warehouse operator if the warehouse operator issues a warehouse receipt, bill of lading, or other document of title for the personal property stored.
(6) "Personal property" means those items placed within the leased space and includes but is not limited to goods, wares, merchandise, motor vehicles, watercraft, and household items and furnishings.
(7) "Rental agreement" means a signed, written agreement or contract that establishes or modifies conditions or rules concerning the use and occupancy by a lessee of leased space at a self-service storage facility and includes any signed, written amendment to such an agreement. The rental agreement may be delivered and accepted electronically.
(8) "Self-service storage facility" means any real property used for renting or leasing individual storage space in which the lessees themselves store and remove their own personal property on a "self-service" basis.
(9) "Vehicle" is as defined in section 49-123, Idaho Code, and "trailer" is as defined in section 49-121, Idaho Code. Should the operator choose to proceed with a lien sale of a vehicle, the operator shall comply with the provisions of section 45-805, Idaho Code.
[55-2301, added 1990, ch. 381, sec. 1, p. 1055; am. 2020, ch. 144, sec. 1, p. 443; am. 2024, ch. 244, sec. 1, p. 866; am. 2025, ch. 181, sec. 1, p. 851.]
A self-service storage facility is not a warehouse or a public utility.
[55-2302, added 1990, ch. 381, sec. 1, p. 1056.]
(1) An operator may not knowingly permit a leased space to be used for residential purposes.
(2) A lessee may not use a leased space for residential purposes.
[55-2303, added 1990, ch. 381, sec. 1, p. 1056.]
(1) From and after July 1, 1990, any operator offering storage spaces in a self-service storage facility for rent shall provide a written rental agreement, which shall be executed by the operator and the lessee. The operator of a self-service storage facility shall provide a lessee with a copy of the rental agreement at the time of the rental by delivery at that time or as provided for in the rental agreement. If the lessee does not sign a rental agreement that the operator has delivered to the lessee, the lessee’s continued use of the storage space for not less than fourteen (14) days shall constitute an acceptance of the rental agreement with the same effect as if it had been signed by the lessee.
(2) The rental agreement shall contain a conspicuous statement advising the lessee:
(a) Of the existence of the operator’s lien;
(b) That the property in the leased space may be sold to satisfy the lien if the lessee is in default;
(c) That the personal property stored in a leased space will not be insured unless the lessee obtains insurance on his property;
(d) Of the amount of any late fee and the conditions for imposing the fee; and
(e) That all notices and correspondence may be sent as provided for in the rental agreement.
(3) In the absence of a notice provision in the rental agreement, notices to the lessee pursuant to section 55-2306, Idaho Code, shall be sent by certified mail. The absence of a notice provision in the rental agreement does not affect the validity of the rental agreement or the operator’s lien.
(4) The rental agreement shall contain a provision requiring the lessee to disclose any lienholders or secured parties who have an interest in property that is stored in the leased space.
(5) If the rental agreement specifies a limit on the value of personal property that the lessee may store in the leased space, the limit must be deemed to be the maximum value of the personal property in the leased space and the maximum liability on the part of the operator to the lessee for any loss of or damage to the personal property. Nothing in this section shall be deemed to create any liability on the part of the operator to the lessee for any loss of or damage to the lessee’s personal property, regardless of cause.
(6) All notices sent as provided for in the rental agreement or by certified mail shall be constructive and conclusive notice under the rental agreement and this chapter.
(7) A reasonable late fee may be imposed and collected by an operator for each period that a lessee does not pay rent, fees, or other charges when due under the rental agreement, if the amount of the late fee and the conditions for imposing the fee are stated in the rental agreement. A late fee of twenty dollars ($20.00) or twenty percent (20%) of the monthly rent, whichever is greater, is a reasonable fee and will not be considered a penalty.
(8) Nothing in this chapter shall be construed in any manner as impairing or affecting the right of parties to create additional rights, duties, and obligations in and by virtue of a rental agreement. In addition to the rights and remedies set forth in this chapter, the operator has the same rights and remedies available to a creditor or landlord under Idaho law.
[55-2304, added 1990, ch. 381, sec. 1, p. 1056; am. 2020, ch. 144, sec. 2, p. 444; am. 2024, ch. 244, sec. 2, p. 867.]
The operator of a self-service storage facility, his heirs, executors, administrators, successors, and assigns shall have a lien on all personal property stored within each leased space located at the self-service storage facility for rent, labor, fees, or other charges, present or future, and for expenses reasonably incurred in enforcing the lien. Self-service storage facility liens shall be brought exclusively under the provisions of this chapter. Notwithstanding any other provision of this chapter, the exclusive care, custody, and control of the personal property stored within each leased space remains with the lessee until the property has been sold or disposed of pursuant to this chapter.
[55-2305, added 1990, ch. 381, sec. 1, p. 1056; am. 2020, ch. 144, sec. 3, p. 444.]
(1) A sale of personal property to enforce a lienholder’s claim that has become due against a lessee and that is secured by the operator’s lien may be conducted after the lessee has been in default continuously for a period of sixty (60) days.
(2) The operator shall send notice by certified mail or as provided for in the rental agreement to the lessee at his last known address and by mail to all persons disclosed by the lessee as claiming a security interest in the stored property. The notice shall include:
(a) The name, address, and telephone number of the person claiming the lien;
(b) An itemized statement of the lienholder’s claim showing the sum due at the time of the notice and the date when the sum became due;
(c) A demand for payment within a time specified, not less than ten (10) days after sending of the notice;
(d) A statement that unless the claim is paid within the time stated in the notice, the personal property shall be sold at a specified time and place;
(e) A brief and general description of the goods subject to the lien; and
(f) Notification that the operator has denied or may deny access by the lessee to his personal property until the lien has been satisfied.
(3) At any time before the sale of the personal property has been conducted or the vehicle or trailer has been towed, the lessee or any other person may pay the amount necessary to satisfy the lien, including all documented and verifiable labor and expenses incurred in enforcing the lien, and be permitted to remove the personal property, vehicle, or trailer from the leased space.
(4) In the event of a sale, the operator shall:
(a) Ensure that the sale is conducted in conformance with the terms of the notice;
(b) Identify the specific properties and disclose the names and addresses provided by the lessee of persons claiming a security interest in the specified properties; and
(c) Comply with the provisions of section 45-805, Idaho Code, when foreclosing on titled vehicles.
(5) The proceeds of the sale shall be applied to the discharge of the lien and costs. The remainder, if any, shall be paid over to the lessee or any other person authorized in writing by the lessee to claim the balance.
(6) The operator may dispose of the personal property without liability to any person if:
(a) The operator has complied with the provisions of subsections (1) through (4) of this section and the personal property has not been purchased;
(b) The lessee fails to remove the personal property from the leased space after the end of the rental agreement and the rental agreement advises the lessee that any property remaining after the rental agreement has ended will be disposed of in the operator’s discretion; or
(c) When disposing of titled vehicles, the operator complies with either the provisions of section 45-805, Idaho Code, or section 55-2308, Idaho Code.
(7) The operator may conduct the lien sale without obtaining an auctioneer’s license and may offer the personal property for sale as a unit or in parcels on a publicly accessible website that regularly offers personal property for auction or sale, at the self-service storage facility, or at another location determined by the operator.
(8) A purchaser in good faith of any personal property sold pursuant to this section to satisfy the lien shall take the property free and clear of any rights of persons against whom the lien was valid, even if the operator has not complied with the provisions of this chapter or the rental agreement.
[55-2306, added 1990, ch. 381, sec. 1, p. 1057; am. 2020, ch. 144, sec. 4, p. 445; am. 2024, ch. 244, sec. 3, p. 867; am. 2025, ch. 181, sec. 2, p. 852.]
The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.
[55-2307, added 1990, ch. 381, sec. 1, p. 1057.]
(1) If a lessee is in default of the rental agreement for sixty (60) days or more and the personal property stored in the leased space is a vehicle or trailer, the operator may have the vehicle or trailer towed from the self-service storage facility by an independent towing company. Prior to having the vehicle or trailer towed, the operator shall send notice to the lessee as provided for in the rental agreement or by certified mail to the last known address stating:
(a) That the lessee shall cure the specified default no less than ten (10) days after sending of the notice;
(b) That unless the default is cured within the time stated in the notice, the vehicle or trailer may be towed; and
(c) The name, address, and telephone number of the towing company.
(2) The operator shall send a copy of the notice by United States mail with certificate of mailing to any lienholder of the vehicle or trailer that is listed in the rental agreement, no less than ten (10) days prior to having the vehicle or trailer towed.
(3) The operator has no liability to any person regarding the vehicle or trailer once the towing company takes possession of the vehicle or trailer.
(4) Should the operator choose to proceed with a lien sale of a vehicle, the operator must comply with the provisions of section 45-805, Idaho Code. The towing company that tows the vehicle must comply with the provisions of either chapter 17 or 18, title 49, Idaho Code, as applicable, prior to conducting a sale of the vehicle.
[55-2308, added 2020, ch. 144, sec. 5, p. 446; am. 2024, ch. 244, sec. 4, p. 869; am. 2025, ch. 181, sec. 3, p. 853.]
The operator has the right to deny the lessee access to the leased space by overlocking or other means if:
(1) The rent or other charges due from the lessee are delinquent and unpaid;
(2) The leased space is being used for residential or other unlawful purposes; or
(3) The lessee fails to vacate the leased space after the rental agreement is terminated or not renewed in accordance with its terms.
[55-2309, added 2020, ch. 144, sec. 6, p. 446; am. 2024, ch. 244, sec. 5, p. 869.]
As used in this chapter:
(1) "Authorized person" means:
(a) An employee of a public utility, or a contractor or subcontractor or employee of a contractor or subcontractor of a public utility, which produces, transmits or delivers electricity, while the employee is working within the scope of his employment with or for the public utility;
(b) An employee of a public utility which provides and whose work relates to communication services or an employee of a state, county or municipal agency which has authorized circuit construction on or near the poles or structures of a public utility, while the employee is working within the scope of his employment;
(c) An employee of an industrial plant whose work relates to the electrical system of the industrial plant, while the employee is working within the scope of his employment;
(d) An employee of a cable television or communication services company or an employee of a contractor of a cable television or communication services company, if specifically authorized by the owner of the poles to make cable television or communication services attachments, while the employee is working within the scope of his employment; or
(e) An employee or agent of a state, county or municipal agency which has or whose work relates to overhead electrical lines or circuit construction or conductors on poles or structures of any type, while the employee is working within the scope of his employment.
(2) "Contractor" means any person, sole proprietorship, partnership, joint venture, corporation, or other business entity doing business in the state of Idaho which contracts, subcontracts or otherwise agrees or undertakes to perform any function or activity upon any land, building, highway, waterway or other premises.
(3) "High voltage" means voltage in excess of six hundred (600) volts measured between conductors or between a conductor and the ground.
(4) "Overhead line" means all electrical conductors installed above ground.
(5) "Person" means any individual or business entity of any kind.
(6) "Public utility" means any publicly, cooperatively or privately owned utility which owns or operates a high voltage overhead line.
[55-2401, added 1992, ch. 177, sec. 1, p. 559; am. 2000, ch. 319, sec. 1, p. 1076.]
Unless danger against contact with high voltage overhead lines has been effectively guarded against as provided in section 55-2403, Idaho Code, a contractor, individually or through an agent or employee or as an agent or employee, shall not:
(1) Perform or require any other person to perform any function or activity upon any land, building, highway, waterway or other premises if at any time during the performance of such function or activity it is possible that the contractor or the person or any part of any tool or material used by the contractor or the person could move or be placed or brought closer to any high voltage overhead line than the following clearances:
(a) For lines nominally rated at fifty (50) kilovolts or less, ten (10) feet of clearance;
(b) For lines nominally rated at over fifty (50) kilovolts, ten (10) feet plus four-tenths (.4) of an inch for each kilovolt over fifty (50) kilovolts.
(2) Operate any mechanical or hoisting equipment or any load of such equipment, any part of which is capable of vertical, lateral or swinging motion closer to any high voltage overhead lines than the clearances specified in subsections (1)(a) and (b) of this section.
[55-2402, added 1992, ch. 177, sec. 1, p. 560.]
(1) If any contractor desires to temporarily carry on any function, activity, work or operation in closer proximity to any high voltage overhead line than permitted in this chapter, or in such proximity that the function, activity, work or operation could possibly come within closer proximity than permitted in this chapter, the contractor responsible for performing the work shall promptly notify the public utility owning or operating the high voltage overhead line in writing. The contractor may perform the work only after making mutually agreeable arrangements with the public utility owning or operating the line, including coordination of work and construction schedules. Arrangements may include placement of temporary mechanical barriers to separate and prevent contact between material, equipment or persons and the high voltage overhead lines, temporary deenergization and grounding, or temporary relocation or raising of the high voltage overhead lines. A written agreement identifying the arrangements and the payment to be made therefor, if any, as provided in subsection (2) of this section shall be executed by the parties.
(2) The public utility may, in conformance with its then current practice, require the contractor responsible for performing the work in the vicinity of the high voltage overhead lines to pay any actual expenses of the public utility in providing arrangements for work in close proximity to the overhead lines. The public utility is not required to provide the arrangements for work in close proximity to the overhead lines until a written agreement for payment has been made. The public utility may require payment in advance. Any surplus amounts paid to the utility shall be refunded.
(3) The public utility shall make arrangements to accommodate activity in proximity to overhead lines in accordance with the agreement of the parties. Where a date certain for completion of the clearance arrangements is not otherwise specified in the agreement, the arrangements must be completed within a reasonable time with consideration to all existing circumstances. However, any delay in completing the arrangement shall not excuse nor authorize the person, contractor or subcontractor to undertake to perform work in closer proximity to high voltage overhead lines than is provided herein, until such time as the arrangements have been completed.
(4) The public utility may deny any request for clearances which in the judgment of the utility may jeopardize the performance, integrity, reliability or stability of the utility’s electrical system or any electrical system with which it is interconnected.
[55-2403, added 1992, ch. 177, sec. 1, p. 560; am. 2000, ch. 319, sec. 2, p. 1077.]
(1) Any contractor or agent thereof violating the provisions of this chapter shall be subject to a civil penalty of not more than five hundred dollars ($500) to be imposed by the court in favor of the state and deposited in the state general account.
(2) If a violation of the provisions of this chapter results in physical or electrical contact with any high voltage overhead line, the contractor committing the violation shall be liable to the public utility owning or operating the high voltage overhead line for all damages to the facilities and all costs and expenses, including damages to third persons, incurred by the public utility as a result of the contact.
(3) County prosecuting attorneys and the attorney general are authorized to prosecute violations of the provisions of this chapter.
[55-2404, added 1992, ch. 177, sec. 1, p. 561.]
The provisions of this chapter shall not apply to:
(1) Construction, reconstruction, operation or maintenance by an authorized person of overhead electrical or communication circuits or conductors and their supporting structures, or to electrical generating, transmission or distribution systems, or to communication systems;
(2) Agreements between public agencies to perform any work or undertaking which each public agency entering into the agreement is authorized by law to perform, provided that any such agreement shall be authorized by the governing body of each party to the agreement; or
(3) Fire, police or other emergency service workers while engaged in emergency operations, or highway districts or other governmental entities performing routine or emergency maintenance in their rights of way.
[55-2405, added 1992, ch. 177, sec. 1, p. 561.]
This chapter may be cited as the "Idaho Property Condition Disclosure Act."
[55-2501, added 1994, ch. 366, sec. 1, p. 1173.]
In order to promote the public health, safety and welfare and to protect consumers; it is the purpose of the provisions of this chapter to require sellers of residential real property as defined in this chapter to disclose certain defects in the residential real property to a prospective buyer.
[55-2502, added 1994, ch. 366, sec. 1, p. 1173.]
As used in this chapter:
(1) "Political subdivision" has the same meaning as provided in section 7-1303, Idaho Code.
(2) "Residential real property" means real property that is improved by a building or other structure that has one (1) to four (4) dwelling units or an individually owned unit in a structure of any size. This also applies to real property which has a combined residential and commercial use.
(3) "Seller" means the owner of residential real property as defined in this chapter.
[55-2503, added 1994, ch. 366, sec. 1, p. 1173; am. 1997, ch. 229, sec. 1, p. 668.]
Any person who intends to transfer any residential real property, including nonowner occupied rental property, on or after July 1, 1994, by any of the methods as set forth herein shall complete all applicable items in a property disclosure form prescribed under section 55-2508, Idaho Code. Except as provided in section 55-2505, Idaho Code, this chapter applies to any transfer by sale, exchange, installment sale contract, a lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property improved with or consisting of not less than one (1) nor more than four (4) dwelling units.
[55-2504, added 1994, ch. 366, sec. 1, p. 1173; am. 1997, ch. 229, sec. 2, p. 668.]
The provisions of this chapter do not apply to any transfer of residential real property that is any of the following:
(1) A transfer pursuant to court order including, but not limited to, a transfer ordered by a probate court during the administration of a decedent’s estate, a transfer pursuant to a writ of execution, a transfer by a trustee in bankruptcy, a transfer as a result of the exercise of the power of eminent domain, and a transfer that results from a decree for specific performance of a contract or other agreement between persons;
(2) A transfer to a mortgagee by a mortgagor by deed in lieu of foreclosure or in satisfaction of the mortgage debt;
(3) A transfer to a beneficiary of a deed of trust by a trustor in default;
(4) A transfer by a foreclosure sale that follows a default in the satisfaction of an obligation secured by a mortgage;
(5) A transfer by a sale under a power of sale following a default in the satisfaction of an obligation that is secured by a deed of trust or another instrument containing a power of sale occurring within one (1) year of foreclosure on the default;
(6) A transfer by a mortgagee, or a beneficiary under a deed of trust, who has acquired the residential real property at a sale conducted pursuant to a power of sale under a mortgage or a deed of trust or who has acquired the residential real property by a deed in lieu of foreclosure;
(7) A transfer by a fiduciary in the course of the administration of a decedent’s estate, a guardianship, a conservatorship, or a trust;
(8) A transfer from one (1) co-owner to one (1) or more other co-owners;
(9) A transfer made to the transferor’s spouse or to one (1) or more persons in the lineal line of consanguinity of one (1) or more of the transferors;
(10) A transfer between spouses or former spouses as a result of a decree of divorce, dissolution of marriage, annulment, or legal separation or as a result of a property settlement agreement incidental to a decree of divorce, dissolution of marriage, annulment, or legal separation;
(11) A transfer to or from the state, a political subdivision of the state, or another governmental entity;
(12) A transfer that involved newly constructed residential real property that previously has not been inhabited, except that disclosure of annexation and city service status shall be declared by the sellers of such newly constructed residential real property in accordance with the provisions of section 55-2508, Idaho Code;
(13) A transfer to a transferee who has occupied the property as a personal residence for one (1) or more years immediately prior to the transfer;
(14) A transfer from a transferor who both has not occupied the property as a personal residence within one (1) year immediately prior to the transfer and has acquired the property through inheritance or devise;
(15) A transfer by a relocation company to a transferee within one (1) year from the date that the previous owner occupied the property;
(16) A transfer from a decedent’s estate.
[55-2505, added 1994, ch. 366, sec. 1, p. 1174; am. 1997, ch. 229, sec. 3, p. 669; am. 2002, ch. 333, sec. 4, p. 944.]
The information required in this chapter shall be set forth on the form set out in section 55-2508, Idaho Code. Alternative forms may be substituted for those set out in section 55-2508, Idaho Code, provided that alternative forms include the disclosure information as set forth in section 55-2506, Idaho Code, and the mandatory disclosure statements set forth in section 55-2507, Idaho Code. The form must be designed to permit the transferor to disclose material matters relating to the physical condition of the property to be transferred including, but not limited to, the source of water supply to the property; the nature of the sewer system serving the property; the condition of the structure of the property including the roof, foundation, walls and floors; the known presence of hazardous materials or substances.
[55-2506, added 1994, ch. 366, sec. 1, p. 1174.]
To comply with the provisions of this chapter, a form shall set forth a statement of purpose of the form, including statements substantially similar to the following:
(1) The form constitutes a statement of the conditions of the property and of information concerning the property actually known by the transferor.
(2) That unless the transferee is otherwise advised in writing, the transferor, other than having lived at or owning the property possesses no greater knowledge than that which could be obtained by a careful inspection of the property by a potential transferee.
(3) That the statement is not a warranty of any kind by the transferor or by any agent or subsequent agent representing the transferor in this transaction.
(4) That the statement is not a substitute for any inspections.
(5) That the transferor is familiar with the particular residential real property and each act that may be performed in making a disclosure of an item of information shall be made and performed in good faith.
[55-2507, added 1994, ch. 366, sec. 1, p. 1175.]
The disclosures required by the provisions of this article pertaining to the property proposed to be transferred are set forth in and shall be made on a copy of the following disclosure form or an alternative form as provided in section 55-2506, Idaho Code:
SELLER PROPERTY DISCLOSURE FORM
SELLER’S NAME AND ADDRESS:
Section 55-2501, et seq., Idaho Code, requires Sellers of residential real property to complete a property condition disclosure form.
PURPOSE OF STATEMENT: This is a statement of the conditions and information concerning the property known by the Seller. Unless otherwise advised, the Seller does not possess any expertise in construction, architectural, engineering or any other specific areas related to the construction or condition of the improvements on the property. Other than having lived at or owning the property, the Seller possesses no greater knowledge than that which could be obtained upon a careful inspection of the property by the potential buyer. Unless otherwise advised, the Seller has not conducted any inspection of generally inaccessible areas such as the foundation or roof. It is not a warranty of any kind by the Seller or by any agent representing any Seller in this transaction. It is not a substitute for any inspections. Purchaser is encouraged to obtain his/her own professional inspections. Notwithstanding that transfer of newly constructed residential real property that previously has not been inhabited is exempt from disclosure pursuant to section 55-2505, Idaho Code, Sellers of such newly constructed residential real property shall disclose information regarding annexation and city services in the form as prescribed in questions 1., 2. and 3.
Is the property located in an area of city impact, adjacent or contiguous to a city limits, and thus legally subject to annexation by the city? …. Yes …. No
Does the property, if not within city limits, receive any city services, thus making it legally subject to annexation by the city? …. Yes …. No
Does the property have a written consent to annex recorded in the county recorder’s office, thus making it legally subject to annexation by the city? …. Yes …. No
All appliances and service systems included in the sale, (such as refrigerator/freezer, range/oven, dishwasher, disposal, hood/fan, central vacuum, microwave oven, trash compactor, smoke detectors, tv antenna/dish, fireplace/wood stove, water heater, garage door opener, pool/hot tub, etc.) are functioning properly except: (please list and explain)
.
.
Basement water
Foundation
Roof condition and age
Well (type) …………………. problem
Septic system (type) …………. problem
Plumbing
Drainage
Electrical
Heating
.
Are you aware of any hazardous materials or pest infestations on the property?
Have any substantial additions or alterations been made without a building permit?
Any other problems, including legal, physical or other not listed above that you know concerning the property:
The Seller certifies that the information herein is true and correct to the best of Seller’s knowledge as of the date signed by the Seller. The Seller is familiar with the residential real property and each act performed in making a disclosure of an item of information is made and performed in good faith.
I/we acknowledge receipt of a copy of this statement.
Seller: Buyer:
…………………… …………………….
Date: ……………… Date: ……………….
…………………… …………………….
Date: ……………… Date: ……………….
[55-2508, added 1994, ch. 366, sec. 1, p. 1175; am. 2002, ch. 333, sec. 5, p. 945.]
Every transferor shall deliver, in accordance with section 55-2510, Idaho Code, a signed and dated copy of the completed disclosure form to each prospective transferee or his agent within ten (10) days of transferor’s acceptance of transferee’s offer. Every prospective transferee of residential real property who receives a signed and dated copy of a completed property disclosure form as prescribed under section 55-2508, Idaho Code, shall acknowledge receipt of the form by doing both of the following:
(1) Signing and dating a copy of the form;
(2) Delivering a signed and dated copy of the form to the transferor or his agent or subagent.
[55-2509, added 1994, ch. 366, sec. 1, p. 1176.]
The transferor’s delivery under section 55-2509, Idaho Code, of a property disclosure form as described under section 55-2508, Idaho Code, and the prospective transferee’s delivery under section 55-2509, Idaho Code, of an acknowledgement of his receipt of that form shall be made by personal delivery to the other party or his agent or subagent by ordinary mail or certified mail, return receipt requested or by facsimile transmission. For the purposes of the delivery requirements of this section, the delivery of a property disclosure form to a prospective cotransferee of residential real property or his or her agent shall be deemed considered delivered to other prospective transferees unless otherwise provided by contract.
[55-2510, added 1994, ch. 366, sec. 1, p. 1177.]
(1) Neither the transferor or transferor’s agents shall be liable for any error, inaccuracy or omission of any information delivered pursuant to this chapter if the error, inaccuracy or omission was not within the personal knowledge of the transferor or was based upon information timely provided by public agencies or other persons specified in subsection (3) of this section that is required to be disclosed pursuant to this chapter and ordinary care was exercised in obtaining and transmitting it.
(2) The delivery of any information required to be disclosed by this chapter to a prospective transferee by a public agency or other person providing information required to be disclosed pursuant to this chapter shall be deemed to comply with the requirements of this chapter and shall relieve the transferor or transferor’s agent of any further duty under this chapter with respect to that item of information.
(3) The delivery of a report or opinion prepared by any person or professional who has been hired to perform an inspection of the subject property in connection with the proposed sale shall be sufficient compliance for application of the exemption provided in subsection (1) of this section if the information is provided to the prospective transferee pursuant to a request therefore, written or oral. In responding to such a request, an expert may indicate, in writing, an understanding that the information provided will be used in fulfilling the requirements of sections 55-2506 and 55-2507, Idaho Code, and if so, shall indicate the required disclosure or parts thereof to which the information being furnished is applicable. Where such a statement is furnished, the provider shall not be responsible for any items of information or parts thereof other than those expressly set forth in the statement.
[55-2511, added 1994, ch. 366, sec. 1, p. 1177.]
If information disclosed in accordance with this chapter is subsequently rendered inaccurate as a result of any act, occurrence or agreement subsequent to the delivery of the required disclosures, the inaccuracy resulting therefrom does not constitute a violation of this chapter. If at the time the disclosures are required to be made, an item of information required to be disclosed is unknown or not available to the transferor, and the transferor’s agent has made a reasonable effort to ascertain it, the transferor may use an approximation of the information provided the approximation is clearly identified as such, is reasonable, is based on the best information available to the transferor or transferor’s agent and is not used for the purpose of circumventing or evading this chapter.
[55-2512, added 1994, ch. 366, sec. 1, p. 1177.]
Any disclosure of an item of information in the property disclosure form described in section 55-2508, Idaho Code, may be amended in writing by the transferor of the residential real property at any time following the delivery of the form in accordance with section 55-2510, Idaho Code. Transferor shall amend the disclosure statement prior to closing if transferor discovers any of the (the) information on the original statement has changed. In the event of amendments to the statement, transferee’s right to rescind is strictly limited to the amendments to the disclosure statement. The amendment shall be subject to the provisions of this chapter.
[55-2513, added 1994, ch. 366, sec. 1, p. 1178; am. 1997, ch. 229, sec. 4, p. 670.]
Specification of items of information that must be disclosed in the property disclosure form as prescribed under sections 55-2506 and 55-2507, Idaho Code, does not limit and shall not be construed as limiting any obligation to disclose an item of information that is created by any other section of the Idaho Code or the common law of the state of Idaho. The disclosure requirements of this chapter do not bar and shall not be construed as barring the application of any legal equitable defense that a transferor of residential real property may assert in a civil action commenced against the transferor by a prospective or actual transferee of the property.
[55-2514, added 1994, ch. 366, sec. 1, p. 1178.]
Subject to section 55-2504, Idaho Code, if a transferee of residential real property receives a property disclosure form or an amendment of that form as described in section 55-2508, Idaho Code, after the transferee has entered into a transfer agreement with respect to the property, the transferee, after his receipt of the form or amendment may rescind the transfer agreement in a written, signed and dated document that is delivered to the transferor or his agents in accordance with section 55-2510, Idaho Code. Transferee’s rescission must be based on a specific objection to a disclosure in the disclosure statement. The notice of rescission shall specifically identify the disclosure objected to by the transferee. Transferee incurs no legal liability to the transferor because of the rescission including, but not limited to, a civil action for specific performance of the transfer agreement. Upon the rescission of the transfer agreement the transferee is entitled to the return of, and the transferor shall return, any deposits made by the transferee in connection with the proposed transfer of the residential real property.
Subject to the provisions of section 55-2505, Idaho Code, a rescission of a transfer agreement may only occur if the transferee’s written, signed and dated document of rescission is delivered to the transferor or his agent or subagent within three (3) business days following the date on which the transferee or his agent receives the property disclosure form prescribed under section 55-2508, Idaho Code. If no signed notice of rescission is received by the transferor within the three (3) day period, transferee’s right to rescind is waived.
[55-2515, added 1994, ch. 366, sec. 1, p. 1178; am. 1997, ch. 229, sec. 5, p. 670.]
Each disclosure required in this chapter and each act which may be performed in making the disclosure shall be made in good faith. For the purposes of this chapter, good faith means honesty in fact, in the conduct of the transaction.
[55-2516, added 1994, ch. 366, sec. 1, p. 1178.]
No transfer, subject to this chapter, shall be invalidated solely because of the failure of any person to comply with any provision of this chapter. However, any person who willfully or negligently violates or fails to perform any duties prescribed by any provision of this chapter shall be liable in the amount of actual damages suffered by the transferee.
[55-2517, added 1994, ch. 366, sec. 1, p. 1179.]
Nothing contained in this chapter shall in any way limit or reduce the duties that a real estate licensee owes to his or her client or to the general public.
[55-2518, added 1994, ch. 366, sec. 1, p. 1179.]
(1) Notwithstanding any other provision of law to the contrary, a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range was established, constructed or operated prior to the implementation of any noise control laws, ordinances, rules or regulations, or if the range is in compliance with any noise control laws, ordinances, rules or regulations that applied to the range and its operation at the time of establishment, construction or initial operation of the range subject to the limitations in section 55-2605, Idaho Code.
(2) Rules or regulations adopted by a state or local department or agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this act.
(3) A municipal noise control ordinance may not require or be applied so as to require a sport shooting range to limit or eliminate shooting activities that have occurred on a regular basis at the range prior to the enactment date of the ordinance.
[55-2601, added 1996, ch. 339, sec. 1, p. 1140; am. 2008, ch. 318, sec. 1, p. 879.]
(1) Except as provided in this section, a person may not maintain a nuisance action for noise against a shooting range located in the vicinity of that person’s property if the shooting range was established as of the date the person acquired the property. If there is a substantial change in use of the range after the person acquires the property, the person may maintain a nuisance action if the action is brought within three (3) years from the beginning of the substantial change.
(2) A person who owns property in the vicinity of a shooting range that was established after the person acquired the property may maintain a nuisance action for noise against that shooting range only if the action is brought within five (5) years after establishment of the range or three (3) years after a substantial change in use of the range.
(3) If there has been no shooting activity at a range for a period of three (3) years, resumption of shooting is considered establishment of a new shooting range for purposes of this section.
[55-2602, added 1996, ch. 339, sec. 1, p. 1140.]
(1) Except as otherwise provided in this act, this act does not prohibit a local unit of government from regulating the location and construction of a sport shooting range after the effective date of this act.
(2) A local unit of government may regulate noise produced as a result of a substantial change in the use of the range.
[55-2603, added 1996, ch. 339, sec. 1, p. 1140; am. 2008, ch. 318, sec. 2, p. 880.]
As used in this act:
(1) "Local unit of government" means a county, city or a town.
(2) "Person" means an individual, proprietorship, partnership, corporation, club, or other legal entity.
(3) "Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other similar sport shooting. In the case of shotgun sports utilizing portable target throwers and shooting positions, the range area shall be deemed to encompass the entire parcel of real property whereupon shooting activities may be safely conducted, provided that shotfall occurs entirely upon the property of the person owning or controlling the range.
(4) "Outdoor sport shooting range" means any range described in subsection (3) of this section, including any range operated exclusively for the use of law enforcement, with the exception of:
(a) Any totally enclosed facility that is designed to offer a totally controlled shooting environment that includes impenetrable walls, floors, and ceilings, adequate ventilation, lighting systems and acoustical treatment for sound attenuation; or
(b) Any range described in chapter 91, title 67, Idaho Code.
(5) "Expanding" means the enlargement of scale, scope, or membership as it relates to shooting activities on a range.
(6) "Increasing" means to become more numerous as it relates to shooting opportunities, locations, or membership on a range.
(7) "Substantial change in use" means that the current primary use of the range no longer represents the activity previously engaged in at the range or the acquisition of additional real property for the purpose of range expansion. The following actions shall not constitute a substantial change in use:
(a) Expanding or increasing membership or opportunities for public, private, or law enforcement participation related to the primary activity as a shooting range;
(b) Making repairs or improvements to enhance safety or noise abatement;
(c) Increasing events and activities related to the primary activity as a shooting range;
(d) Acquiring additional lands to be used for buffer zones or noise mitigation efforts;
(e) Establishing or expanding range use hours between 7:00 a.m. and 10:00 p.m.;
(f) Establishing or expanding law enforcement agency range use hours between 10:00 p.m. and 7:00 a.m.; or
(g) Any location, relocation, or increase in the number of portable shotgun shooting positions as described in subsection (3) of this section.
[55-2604, added 1996, ch. 339, sec. 1, p. 1141; am. 2008, ch. 318, sec. 3, p. 880; am. 2021, ch. 110, sec. 1, p. 352.]
Local governmental law is herein preempted and local governments shall not have authority to establish or enforce noise standards for outdoor sport shooting ranges, not otherwise exempted from local regulation by this chapter, more restrictive than any standards established for state outdoor shooting ranges in chapter 91, title 67, Idaho Code, nor shall a local government have the authority to make any action described in section 55-2604(7), Idaho Code, a violation of a local zoning ordinance nor shall the undertaking of any such action cause an outdoor sport shooting range to be in violation of any zoning ordinance.
[55-2605, added 2008, ch. 318, sec. 4, p. 881; am. 2021, ch. 110, sec. 2, p. 353.]
The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
[55-2606, added 2008, ch. 318, sec. 5, p. 881.]
This chapter shall be known as and may be cited as "The Floating Homes Residency Act."
[55-2701, added 1998, ch. 194, sec. 1, p. 699.]
The legislature finds and declares that, because of current governmental policy limiting the availability of moorage sites both within and outside a floating home marina, the historic value of existing floating homes moored on the waters of the state, the investment in these floating homes and floating home marinas, and the cost of relocating a floating home, it is necessary that the owners of floating homes within a floating home marina be provided with the unique protection from actual or constructive eviction and the other protections afforded by the provisions of this chapter.
[55-2702, added 1998, ch. 194, sec. 1, p. 699.]
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.
[55-2703, added 1998, ch. 194, sec. 1, p. 699.]
(1) "Floating home" means a floating structure which is designed and built to be used, or is modified to be used, as a stationary waterborne residential dwelling, has no mode or power of its own, is dependent for utilities upon a continuous utility linkage to a source originating on shore, and has a permanent continuous connection to a sewage system on shore.
(2) "Floating home moorage marina" or "moorage" means a waterfront facility for the moorage of one (1) or more floating homes and the land and water premises on which such facility is located.
(3) "Landlord" means the owner of a floating home marina and includes the agent of the landlord.
(4) "Moorage site" means a part of a floating home marina located over water and designed to accommodate one (1) floating home.
(5) "Resident organization" means a tenant or homeowner’s association, whether or not incorporated, the membership of which is made up of tenants of the floating home marina and/or owners of a floating home.
(6) "Tenant" means any person who rents a floating home moorage site or the person’s agent of record.
[55-2704, added 1998, ch. 194, sec. 1, p. 699.]
This chapter shall regulate and determine legal rights, remedies and obligations arising from any rental agreement between a landlord and tenant regarding a floating home moorage, except in those instances in which the landlord is renting both the moorage site and the floating home to the tenant. 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 tenant has under the laws and constitution of the United States and the state of Idaho.
[55-2705, added 1998, ch. 194, sec. 1, p. 699.]
(1) From and after the effective date of this chapter, any landlord offering a moorage site for rent shall provide the prospective tenant with a written agreement. This agreement must be executed by both parties. The provisions of this chapter shall apply to all such agreements to the extent applicable as set forth in this chapter.
(2) The requirements of subsection (1) of this section shall not apply if:
(a) The floating home marina or a 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 tenant.
(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 effective date of this act. Existing contracts may be perpetuated by agreement of both parties.
(4) A floating home owner shall be offered a rental agreement for:
(a) A term of twelve (12) months;
(b) A lesser period as mutually agreed upon by both the floating home owner and the landlord; or
(c) A longer period as mutually agreed upon by both the floating home owner and the landlord.
(5) A rental agreement may not contain a provision by which the tenant waives his rights under this law.
(6) The rental agreement shall identify a specific moorage site. The moorage site occupied by a floating home shall remain site specific as set forth in the rental agreement unless any moorage site change is agreed upon by the tenant and the landlord.
[55-2706, added 1998, ch. 194, sec. 1, p. 699.]
(1) Subject to the provisions of this chapter and to the terms of the rental agreement, the landlord may establish reasonable rules and regulations governing the use and occupancy of a floating home marina. A rule or regulation may be amended at any time with the consent of the tenants or without their consent upon written notice of not less than six (6) months. Written notice of a proposed amendment to a new tenant whose tenancy commences within the required period of notice shall constitute compliance with this subsection where the written notice is given to the tenant before the inception of this tenancy.
(2) The landlord may enter a floating home in case of an apparent or actual emergency, when the tenant has abandoned the floating home, or as otherwise provided in the rental agreement.
(3) Management must disclose the name and address of the marina owner upon the request of the tenant.
[55-2707, added 1998, ch. 194, sec. 1, p. 700.]
(1) A landlord may increase or decrease rents only after ninety (90) days’ written notice to the tenants.
(2) Rental rates shall at all times be reasonable. Factors to be considered in determining whether a change in rent is reasonable are as follows:
(a) The rent provided in previous and current rental agreements between the landlord and tenant;
(b) The rent charged by comparable marinas, taking into account such factors as location, facilities, condition, services and other relevant factors;
(c) The landlord’s costs associated with owning, controlling and maintaining the marina, including the uplands, to the extent reasonably necessary to support the marina facilities which serve the floating home, moorage area and the landlord’s need for realizing a reasonable rate of return over such costs;
(d) The availability and costs of alternative long-term float home moorage sites;
(e) The need to maintain price stability in a market restricted by state regulation of navigable waters and limited availability of float home moorage sites;
(f) The opportunity costs, if any, borne by the landlord by not converting the floating home marina, including uplands, to other uses; and
(g) Any other circumstances justifying a rental rate.
(3) If twenty-five percent (25%) or more of the tenants within a marina, or the [the] marina owner, assert that a moorage rental increase is unreasonable under any circumstances, the dispute shall be resolved by arbitration. The tenants must appoint a single party to act as their agent in the arbitration proceeding.
(a) The tenants’ agent and the marina owner shall mutually agree upon one (1) or more arbitrators. If the parties cannot mutually agree upon one (1) or more arbitrators, the parties may petition the district court in the judicial district in which the marina in question is situated, which shall appoint an arbitrator or panel of arbitrators for the parties.
(b) In determining what constitutes a reasonable increase in a moorage rental rate the arbitrator shall consider and make written findings on each of the factors set forth in subsection (2) of this section.
(c) The arbitrator shall afford any party to the arbitration an opportunity to be heard, if requested, as provided herein.
(i) A hearing may be requested by a party requesting arbitration by including the request for hearing in the request for arbitration;
(ii) Other parties to the arbitration may request a hearing within five (5) business days after service upon them of the request for arbitration;
(iii) The hearing may be informal in nature provided the arbitrator adopts a hearing procedure that reasonably affords each party to the arbitration an opportunity to be heard;
(iv) The arbitrator shall issue written findings and conclusions within sixty (60) days of the appointment of the arbitrator, unless such time is extended by the written stipulation of the parties or upon a finding by the arbitrator that additional time is reasonably required;
(v) The costs of arbitration and the fees of the arbitrator shall be paid one-half (1/2) by the tenants and one-half (1/2) by the marina owner.
(4) Except as provided herein, rental increases shall be uniform throughout the floating home marina. Notwithstanding the foregoing provision:
(a) When rents within a floating home marina are structured by reason of slip or floating home size, amenities, slip location or otherwise, rental increases shall be uniform among all floating homes in the same rent tier; and
(b) A rental agreement may include an escalation clause for a pro rata share of any increase or decrease in the floating home marina’s property taxes, utility assessments or other services as included in the monthly rental charge, after the effective date of such a change.
(5) No fees may be charged except for rent, services and utilities actually provided.
(6) No fees can be charged for services unless the services are listed in the rental agreement or unless ninety (90) days’ notice is given.
(7) A tenant shall not be charged a fee for the enforcement of any of the rules and regulations of the floating home marina, except as provided in the rental agreement or rules and regulations of the floating home marina.
(8) Unless the tenant specifically requests the service from the landlord in writing, a tenant shall not be charged a fee for entry, installation, hookup or improvements as a condition of tenancy except for an actual fee or cost imposed by a local governmental ordinance or requirement directly related to the occupancy of the specific moorage site where the floating home is located and incurred as a portion of the development of the floating home marina as a whole. However, reasonable improvements and maintenance requirements may be included in the floating home marina rules and regulations. The landlord shall not require a tenant or prospective tenant to purchase, rent or lease goods or services for improvements from any person, company or corporation.
(9) Where the landlord provides master meter utilities to a tenant, the cost of the utilities must be separately stated each billing period along with the opening and closing meter readings. The landlord must also post the current rates charged by the utility in at least one (1) conspicuous place in the floating home marina.
(10) The landlord shall maintain year round facilities for garbage and trash disposal from the floating home marina.
(11) The landlord shall maintain entry lights and common area lighting, if any, in good working order.
(12) The landlord shall not prevent the ingress or egress to watercraft moorage contained within a floating home.
[55-2708, added 1998, ch. 194, sec. 1, p. 700; am. 2008, ch. 303, sec. 1, p. 842.]
The landlord shall not terminate or refuse to renew a tenancy, except for a reason specified in this chapter and upon the giving of not less than ninety (90) days’ written notice to the tenant in the manner prescribed by this section, to remove the floating home from the floating home marina within a period of not less than ninety (90) days, which period shall be specified in the notice. A copy of this notice shall be served upon the legal owner of the floating home either by:
(1) Personally serving a copy of the notice upon the legal owner; or
(2) Mailing a copy of the notice to the last known address of the legal owner and posting the notice conspicuously upon the floating home residence.
[55-2709, added 1998, ch. 194, sec. 1, p. 701.]
(1) The grounds for which a tenancy may be terminated and a tenant evicted shall be:
(a) Conduct by tenant or tenant’s guest which constitutes a nuisance to other floating home owners, marina tenants or marina owner;
(b) Substantial or repeated violation of the reasonable rules and regulations of the marina;
(c) Nonpayment of rent;
(d) Other material breach of a rental agreement; or
(e) Condemnation of the marina.
(2) The landlord shall set forth in a notice of termination the reason relied upon for the termination with sufficient specificity to permit determination of the date, place, witnesses, if any, and circumstances concerning such reason. Reference to a section or subsection or a recital of the language of this chapter shall not constitute compliance with this section.
(3) In the case of termination of the tenancy and eviction for the reasons set out in paragraphs (a), (b), (c) or (d) of subsection (1) of this section, the tenant shall be given written notice to comply which notice may be given by personal service upon a tenant, or if the tenant cannot be found at the marina, then by mailing a copy of the notice by certified mail to the last mailing address provided by the tenant. In the case of personal service, service of the notice shall be deemed effected three (3) days after deposit in the United States mail, postage prepaid by registered mail, return receipt requested. If the tenant does not comply within fifteen (15) days following service, landlord may give notice of termination as provided in this chapter.
[55-2710, added 1998, ch. 194, sec. 1, p. 702.]
No tenancy shall be terminated for the purpose of making a moorage site available for the landlord or a person who purchases a floating home from the owner of the floating home marina or his agent.
[55-2711, added 1998, ch. 194, sec. 1, p. 702.]
(1) No landlord shall deny any tenant who owns his floating home the right to sell a floating home on a rented moorage site or require the tenant to remove the floating home for the moorage site solely on the basis of the sale.
(2) The landlord shall not exact a commission or a fee for the sale of a floating home on a rented moorage site unless the landlord has acted as an agent for the seller pursuant to a written agreement. The landlord may act as an agent for the seller only upon the voluntary agreement of the seller.
(3) The new rental agreement must be signed by the landlord and a prospective tenant prior to the sale, transfer, assignment or subletting of the floating home if the floating home is to remain at the floating home marina. From the date of sale, assignment, transfer or subletting, the new tenant shall be bound by the agreement.
(4) No floating home shall be removed from any floating home marina until the rental payment, including the month when the floating home is removed, is paid, or until the provisions of section 55-2713, Idaho Code, have been fully complied with and the landlord notified of the date and time of removal.
(5) A tenant shall notify the landlord in writing ninety (90) days prior to the expiration of a rental agreement of an intention not to renew the rental agreement.
[55-2712, added 1998, ch. 194, sec. 1, p. 702.]
(1) Any legal owner of a floating home in order to be protected under this section must notify the landlord in writing of his secured or other legal interest.
(2) If the tenant becomes sixty (60) days in arrears in his rent or at the time of the suspected abandonment by the tenant of a moorage site, the landlord shall notify the legal owner of the floating home of his liability for any costs incurred for the floating home site for such floating home, including rent owing. The legal owner shall be responsible for utilities from the date of notice. Any and all costs shall, after the giving of such notice, become the responsibility of the legal owner of the floating home. The floating home may not be removed from the moorage site without a signed written receipt or agreement from the landlord, owner, or manager showing payment of charges due or agreement with the legal owner for removal of the floating home.
[55-2713, added 1998, ch. 194, sec. 1, p. 703.]
(1) A tenant of a floating home marina may file an action against a landlord for damages and specific performance for:
(a) Failure to maintain in good working order, to the terminal point of service, electrical, water or sewer services supplied by the landlord;
(b) Maintaining those portions of the premises open to use by the tenant in a manner hazardous to the health or safety of the tenant including, but not limited to, a continuing violation of any of the following:
(i) Any rule adopted by the department of environmental quality governing public drinking water systems;
(ii) Any rule adopted by the department of environmental quality governing hazardous waste;
(iii) Any rule adopted by the public health district in which the floating home marina is located governing wastewater and on-site sewage treatment systems;
(iv) Any provisions of the international fire code, as amended by the provisions of a fire code adopted by the county or municipality in which the floating home marina is located;
(v) Any provisions of the uniform building code, as amended by the provisions of any building code adopted by the state, county or municipality in which the floating home marina is located.
(c) Material breach of any specific term of a rental agreement.
(2) Upon filing the complaint, a summons must be issued, served and returned as in other actions. Provided however, that in an action exclusively for specific performance, at the time of issuance of the summons, the court shall schedule a trial within twelve (12) days from the filing of the complaint, and the service of the summons, complaint and trial setting on the defendant shall be not less than five (5) days before the day of trial appointed by the court. If the plaintiff brings an action for damages with an action for specific performance, the early trial provision shall not be applicable, and a summons must be issued returnable as in other cases upon filing the complaint.
(3) In an action under this section, the plaintiff, in his complaint, must set forth facts on which he seeks to recover, describe the premises, and set forth any circumstances which may have accompanied the failure or breach by the landlord.
(4) If upon the trial, the verdict of the jury, or, if the case be tried without a jury, the finding of the court, be in favor of the plaintiff against the defendant, judgment shall be entered for such special damages as may be proven. General damages may be awarded but shall not exceed five hundred dollars ($500). Judgment may also be entered requiring specific performance for any breach of agreement shown by the evidence and for costs and disbursements.
(5) Before a tenant shall have standing to file an action under this section, he must give his landlord three (3) days’ written notice, listing each failure or breach upon which his action will be premised and written demand requiring performance or cure. If, within three (3) days after service of the notice, any listed failure or breach has not been performed or cured by the landlord, or in the event of damage to the premises or other default not capable of cure within three (3) days and the landlord has not provided written assurance to the tenant that a cure will be effected within a reasonable time, the tenant may proceed to commence an action for damages and specific performance.
(6) The notice required in subsection (5) of this section shall be served either:
(a) By delivering a copy to the landlord or his agent personally; or
(b) By leaving a copy with an employee at the usual place of business of the landlord or his agent if the landlord or his agent is absent from his usual place of business; or
(c) By sending a copy of the notice to the landlord or his agent by certified mail, return receipt requested.
(7) Nothing in this section shall bar either the landlord or the tenant from bringing such civil action for relief to which said party is otherwise entitled.
[55-2714, added 1998, ch. 194, sec. 1, p. 703; am. 2001, ch. 103, sec. 96, p. 335; am. 2002, ch. 86, sec. 12, p. 204.]
The landlord shall not terminate a tenancy, refuse to renew a tenancy, increase rent or decrease service he normally supplies, or threaten to bring an action for repossession of a floating home site as retaliation against the tenant because the tenant has:
(1) Complained in good faith about a violation of a building, safety or health code or regulation pertaining to a floating home marina to the governmental agency responsible for enforcing the code or regulation.
(2) Complained to the landlord concerning the maintenance or condition of the marina, rent charged, or rules and regulations.
(3) Organized, became a member of or served as an official in a homeowner’s association, or similar organization, at a local, regional, state or national level.
(4) Retained counsel or an agent to represent his interests.
[55-2715, added 1998, ch. 194, sec. 1, p. 704.]
(1) The tenants in a floating home marina have the right to organize a tenant or homeowner’s association to further their mutual interests and to conduct any other business and programs which the association shall determine. When an association is organized it shall notify the landlord.
(2) The landlord must meet and confer with homeowners or their representatives, including any persons designated by a resident organization, within thirty (30) days of a request concerning:
(a) Rule changes;
(b) Maintenance of facilities;
(c) Addition or deletion of services or facilities; or
(d) Rental agreements.
[55-2716, added 1998, ch. 194, sec. 1, p. 705.]
The landlord and tenant may agree in writing to submit a controversy under the provisions of this chapter to arbitration through the better business bureau, or similar private association or as otherwise provided in Idaho law.
[55-2717, added 1998, ch. 194, sec. 1, p. 705.]
If upon the trial of any action brought under the provisions of section 55-2714, Idaho Code, or those of section 6-303, Idaho Code, the court shall find that the defendant acted with malice, wantonness, or oppression, judgment may be entered for three (3) times the amount at which actual damages are assessed.
[55-2718, added 1998, ch. 194, sec. 1, p. 705.]
In any action brought under the provisions of this chapter, or those of section 6-302 or 6-303, Idaho Code, except in those cases where treble damages are awarded, the prevailing party shall be entitled to an award of attorney’s fees.
[55-2719, added 1998, ch. 194, sec. 1, p. 705.]
Venue for any action arising under this chapter shall be in the district court of the county in which the floating home marina is located.
[55-2720, added 1998, ch. 194, sec. 1, p. 705.]
As used in this chapter, "psychologically impacted" means the effect of certain circumstances surrounding real property which include, but are not limited to, the fact or suspicion that real property might be or is impacted as a result of facts or suspicions including, but not limited to the following:
(1) That an occupant or prior occupant of the real property is or was at any time suspected of being infected or has been infected with a disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or
(2) That the real property was at any time suspected of being the site of suicide, homicide or the commission of a felony which had no effect on the physical condition of the property or its environment or the structures located thereon; or
(3) That a registered or suspected sex offender occupied or resides near the property.
[(55-2801) 55-2701, added 1998, ch. 335, sec. 1, p. 1080; am. and redesig. 2005, ch. 25, sec. 109, p. 128.]
No cause of action shall arise against an owner of real property or a representative of the owner for a failure to disclose to the transferee of the real property or a representative of the transferee that the real property was psychologically impacted.
[(55-2802) 55-2702, added 1998, ch. 335, sec. 1, p. 1081; am. and redesig. 2005, ch. 25, sec. 110, p. 128.]
In the event that a purchaser who is in the process of making a bona fide offer advises the owner’s representative in writing that knowledge of whether the property may be psychologically impacted is an important factor in the purchaser’s decision to purchase the property, the owner’s representative shall make inquiry of the owner and, with the consent of the owner and subject to and consistent with the applicable laws of privacy, shall report any findings to the purchaser. If the owner refuses disclosure, the owner’s representative shall advise the purchaser or the purchaser’s representative that the information will not be disclosed.
[(55-2803) 55-2703, added 1998, ch. 335, sec. 1, p. 1081; am. and redesig. 2005, ch. 25, sec. 111, p. 128.]
This chapter shall be known and may be cited as "The Emergency Communications Preservation Act."
[55-2901, added 2001, ch. 316, sec. 1, p. 1126.]
The purpose of this chapter is to preserve the capability of amateur radio operators within the state of Idaho to provide radio communications in times of emergency and disaster.
[55-2902, added 2001, ch. 316, sec. 1, p. 1126.]
When used in this act:
(1) "Antenna" means any array of wires, tubing or similar materials used for the transmission and reception of radio waves.
(2) "Antenna support structure" or "tower" means a structure or framework that is designed to elevate an antenna above the ground for the purpose of increasing the effective communications range and reliability of an amateur radio station.
(3) "Amateur radio" means the use of amateur and amateur-satellite radio frequencies and services used by licensed, qualified persons of any age who are interested in radio technique without pecuniary remuneration. These services present an opportunity for public service, emergency communications, self-training, intercommunication and technical investigations.
(4) "Amateur radio operator" means any person who has been duly examined and licensed by the federal communications commission or its designee for the operation of transmitting and receiving apparatus on radio frequencies internationally agreed upon for the use of the amateur radio service.
(5) "Local unit of government" means a county, city or town.
[55-2903, added 2001, ch. 316, sec. 1, p. 1126.]
Any rule or ordinance of a local unit of government involving the placement, screening or height of antennas and towers based on health, safety or aesthetic considerations must be crafted to reasonably accommodate amateur radio communications and to represent the minimum practicable regulation to accomplish a legitimate purpose of the local unit of government.
[55-2904, added 2001, ch. 316, sec. 1, p. 1126.]
This chapter shall be known and may be cited as the "Uniform Environmental Covenants Act."
[55-3001, added 2006, ch. 15, sec. 1, p. 35.]
As used in this chapter:
(1) "Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property.
(2) "Agency" means the Idaho department of environmental quality or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.
(3) "Common interest community" means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person’s ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.
(4) "Environmental covenant" means a servitude arising under an environmental response project that imposes activity and use limitations.
(5) "Environmental response project" means a plan or work performed for environmental remediation of real property and conducted:
(a) Under a federal or state program governing environmental remediation of real property;
(b) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or
(c) Under an authorized state voluntary cleanup program.
(6) "Holder" means the grantee of an environmental covenant as specified in section 55-3003(1), Idaho Code.
(7) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(8) "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
[55-3002, added 2006, ch. 15, sec. 1, p. 35.]
(1) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one (1) holder. The interest of a holder is an interest in real property.
(2) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.
(3) An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.
(4) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:
(a) An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant.
(b) This chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.
(c) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners’ association.
(d) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person’s interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.
[55-3003, added 2006, ch. 15, sec. 1, p. 36.]
(1) An environmental covenant must:
(a) State that the instrument is an environmental covenant executed pursuant to this chapter;
(b) Contain a legally sufficient description of the real property subject to the covenant;
(c) Describe the activity and use limitations on the real property;
(d) Identify every holder;
(e) Be signed by the agency, every holder, and unless waived by the agency every owner of the fee simple of the real property subject to the covenant; and
(f) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.
(2) In addition to the information required by subsection (1) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:
(a) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;
(b) Requirements for periodic reporting describing compliance with the covenant;
(c) Rights of access to the property granted in connection with implementation or enforcement of the covenant;
(d) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;
(e) Limitation on amendment or termination of the covenant in addition to those contained in sections 55-3009 and 55-3010, Idaho Code; and
(f) Rights of the holder in addition to its right to enforce the covenant pursuant to section 55-3011, Idaho Code.
(3) In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.
[55-3004, added 2006, ch. 15, sec. 1, p. 36.]
(1) An environmental covenant that complies with this chapter runs with the land.
(2) An environmental covenant that is otherwise effective is valid and enforceable even if:
(a) It is not appurtenant to an interest in real property;
(b) It can be or has been assigned to a person other than the original holder;
(c) It is not of a character that has been recognized traditionally at common law;
(d) It imposes a negative burden;
(e) It imposes an affirmative obligation on a person having an interest in the real property or on the holder;
(f) The benefit or burden does not touch or concern real property;
(g) There is no privity of estate or contract;
(h) The holder dies, ceases to exist, resigns, or is replaced; or
(i) The owner of an interest subject to the environmental covenant and the holder are the same person.
(3) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before July 1, 2006, is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (2) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter does not apply in any other respect to such an instrument.
(4) This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state.
[55-3005, added 2006, ch. 15, sec. 1, p. 37.]
This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by law other than this chapter.
[55-3006, added 2006, ch. 15, sec. 1, p. 37.]
(1) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:
(a) Each person that signed the covenant;
(b) Each person holding a recorded interest in the real property subject to the covenant;
(c) Each person in possession of the real property subject to the covenant;
(d) Each municipality or other unit of local government in which real property subject to the covenant is located; and
(e) Any other person the agency requires.
(2) The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.
[55-3007, added 2006, ch. 15, sec. 1, p. 38.]
(1) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.
(2) Except as otherwise provided in section 55-3009(3), Idaho Code, an environmental covenant is subject to the laws of this state governing recording and priority of interests in real property.
[55-3008, added 2006, ch. 15, sec. 1, p. 38.]
(1) An environmental covenant is perpetual unless it is:
(a) By its terms limited to a specific duration or terminated by the occurrence of a specific event;
(b) Terminated by consent pursuant to section 55-3010, Idaho Code;
(c) Terminated pursuant to subsection (2) of this section;
(d) Terminated by foreclosure of an interest that has priority over the environmental covenant; or
(e) Terminated or modified in an eminent domain proceeding, but only if:
(i) The agency that signed the covenant is a party to the proceeding;
(ii) All persons identified in section 55-3010(1) and (2), Idaho Code, are given notice of the pendency of the proceeding; and
(iii) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.
(2) If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in section 55-3010(1) and (2), Idaho Code, have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency’s determination or its failure to make a determination upon request is subject to review pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code.
(3) Except as otherwise provided in subsections (1) and (2) of this section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.
[55-3009, added 2006, ch. 15, sec. 1, p. 38.]
(1) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:
(a) The agency;
(b) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;
(c) Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and
(d) Except as otherwise provided in subsection (4)(b) of this section, the holder.
(2) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.
(3) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.
(4) Except as otherwise provided in an environmental covenant:
(a) A holder may not assign its interest without consent of the other parties;
(b) A holder may be removed and replaced by agreement of the other parties specified in subsection (1) of this section; and
(c) A court of competent jurisdiction may fill a vacancy in the position of holder.
[55-3010, added 2006, ch. 15, sec. 1, p. 39.]
(1) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
(a) A party to the covenant;
(b) The agency or, if it is not the agency, the Idaho department of environmental quality;
(c) Any person to whom the covenant expressly grants power to enforce;
(d) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or
(e) A municipality or other unit of local government in which the real property subject to the covenant is located.
(2) This chapter does not limit the regulatory authority of the agency or the Idaho department of environmental quality under law other than this chapter with respect to an environmental response project.
(3) A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.
[55-3011, added 2006, ch. 15, sec. 1, p. 39.]
(1) The Idaho department of environmental quality shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the department of environmental quality considers appropriate. The registry is a public record.
(2) After an environmental covenant or an amendment or termination of a covenant is filed in the registry established and maintained pursuant to subsection (1) of this section, a notice of the covenant, amendment, or termination that complies with this section may be recorded in the land records in lieu of recording the entire covenant. Any such notice must contain:
(a) A legally sufficient description and any available street address of the real property subject to the covenant;
(b) The name and address of the owner of the fee simple interest in the real property, the agency, and the holder if other than the agency;
(c) A statement that the covenant, amendment, or termination is available in a registry at the department of environmental quality, which discloses the method of any electronic access; and
(d) A statement that the notice is notification of an environmental covenant executed pursuant to this chapter.
(3) A statement in substantially the following form, executed with the same formalities as a deed in this state, satisfies the requirements of subsection (2) of this section:
"1. This notice is filed in the land records of the (political subdivision) of (insert name of jurisdiction in which the real property is located) pursuant to section 55-3012, Idaho Code.
This notice and the covenant, amendment or termination to which it refers may impose significant obligations with respect to the property described below.
A legal description of the property is attached as Exhibit A to this notice. The address of the property that is subject to the environmental covenant is (insert address of property) (not available).
The name and address of the owner of the fee simple interest in the real property on the date of this notice is (insert name of current owner of the property and the owner’s current address as shown on the tax records of the jurisdiction in which the property is located).
The environmental covenant, amendment or termination was signed by (insert name and address of the agency).
The environmental covenant, amendment or termination was filed in the registry on (insert date of filing).
The full text of the covenant, amendment or termination and any other information required by the agency is on file and available for inspection and copying in the registry maintained for that purpose by the Idaho department of environmental quality.".
[55-3012, added 2006, ch. 15, sec. 1, p. 39.]
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[55-3013, added 2006, ch. 15, sec. 1, p. 40.]
This chapter modifies, limits, or supersedes the federal electronic signatures in global and national commerce act (15 U.S.C. section 7001 et seq.) but does not modify, limit, or supersede section 101 of that act (15 U.S.C. section 7001(a)) or authorize electronic delivery of any of the notices described in section 103 of that act (15 U.S.C. section 7003(b)).
[55-3014, added 2006, ch. 15, sec. 1, p. 40.]
The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
[55-3015, added 2006, ch. 15, sec. 1, p. 41.]
(1) The public policy of this state favors the transferability of interests in real property free from unreasonable restraints on alienation and covenants or servitudes that do not touch and concern the property.
(2) A transfer fee covenant violates the public policy of this state by impairing the marketability of title to the affected real property and constitutes an unreasonable restraint on alienation, regardless of the duration of the covenant or the amount of the transfer fee set forth in the covenant.
[55-3101, added 2011, ch. 107, sec. 1, p. 273.]
As used in this section:
(1) "Association" means a nonprofit, mandatory membership organization comprised of owners of homes, condominiums, cooperatives, manufactured homes or any interest in real property, created pursuant to a declaration, covenant or other applicable law.
(2) "Transfer" means the sale, gift, grant, conveyance, assignment, inheritance or other transfer of an interest in real property located in this state.
(3) "Transfer fee" means a fee or charge payable upon the transfer of an interest in real property or payable for the right to make or accept such transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property, the purchase price or other consideration given, but shall not include any tax, assessment, fee or charge imposed by a governmental authority or taxing district pursuant to applicable laws, ordinances or regulations or any obligation imposed by a court order, judgment or decree.
(4) "Transfer fee covenant" means a provision in a document, whether recorded or not and however denominated, which purports to run with the land or bind current owners or successors in title to specified real property located in this state, and which obligates a transferee or transferor of all or part of the property to pay a fee or charge to a third person upon transfer of an interest in all or part of the property, or in consideration for permitting any such transfer. The term "transfer fee covenant" shall not include:
(a) Any provision of a purchase contract, option, mortgage, security agreement, real property listing agreement, lease or other agreement which obligates one (1) party to the agreement to pay the other, as full or partial consideration for the agreement or for a waiver of rights under the agreement, an amount determined by the agreement, if that amount is: (i) payable on a one-time basis only upon the next transfer of an interest in the specified real property and, once paid, shall not bind successors in title to the property; and (ii) constitutes a loan assumption or similar fee charged by a lender holding a lien on the property; or
(b) Any provision in a deed, memorandum or other document recorded for the purpose of providing record notice of an agreement described in paragraph (a) of this subsection; or
(c) Any provision in a mortgage, deed of trust or promissory note secured by a mortgage or deed of trust; or
(d) Any commission payable to a licensed real estate broker for the transfer of real property pursuant to an agreement between the broker and the transferor or transferee; or
(e) Any fee charged that is a typical or common real estate closing cost, including closing or escrow fees, settlement fees, attorney’s fees or title insurance premiums and fees; or
(f) Any provision of a document requiring payment of a fee or charge to an association or any entity that operates for the benefit of the association, its members or property of the association or its members to be used exclusively for purposes authorized in the document, so long as no portion of the fee is required to be passed through to a third-party designated or identifiable by description in the document or another document referenced therein; or
(g) Any provision of a document requiring payment of any fee or charge under the housing or financing programs of the Idaho housing and finance association; or
(h) Any provision in any purchase contract, option, mortgage, security agreement, real property listing agreement or lease that obligates one (1) party to the agreement to pay the other consideration for assignment or transfer of the agreement.
[55-3102, added 2011, ch. 107, sec. 1, p. 274.]
(1) A transfer fee covenant recorded after the effective date of this section, or any lien to the extent that it purports to secure the payment of a transfer fee, is not binding upon or enforceable against the affected real property or any subsequent owner, purchaser or mortgagee of any interest in the property.
(2) Nothing in this section shall imply that a transfer fee covenant recorded prior to the effective date of this section is valid or enforceable.
(3) A person who records a transfer fee covenant, files a lien that purports to secure payment of a transfer fee or enters into an agreement imposing a private transfer fee obligation shall be liable for:
(a) Any and all damages resulting from the imposition of the transfer fee obligation on the transfer of an interest in the real property, including the amount of any transfer fee paid by a party to the transfer.
(b) All attorney’s fees, expenses and costs incurred by a party to the transfer or mortgagee of the real property to recover the transfer fee paid or in connection with an action to quiet title.
[55-3103, added 2011, ch. 107, sec. 1, p. 275.]
This chapter shall be known and may be cited as the "Homeowner’s Association Act."
[55-3201, added 2022, ch. 323, sec. 4, p. 1039.]
An increasing number of Idahoans reside within homeowner’s associations. To protect the rights of current and subsequent property owners within a homeowner’s association, it is the intent of the legislature to ensure the transparent operation and inclusive management of these associations, balancing the rights of all owners within homeowner’s associations to promote harmony and respect for community standards and to protect the rights of individuals and neighbors in the community.
[55-3202, added 2022, ch. 323, sec. 4, p. 1039.]
As used in this chapter:
(1) "Board" means the entity that has the duty of governing the homeowner’s association and may be referred to as a board of directors, executive board, or any other such similar name.
(2) "Community manager" means a person or agent who provides for or otherwise engages in the management of a common interest community or the management of a homeowner’s association.
(3) "Declarant" means an individual or entity filing a declaration in association with a residential subdivision.
(4) "Declaration" means an instrument filed in the real property records of a county that includes restrictive covenants governing a residential subdivision.
(5) "Financial disclosure" means the accounting records of the organization that are kept, disclosed, and made available for inspection in accordance with part 11, chapter 30, title 30, Idaho Code, and the governing documents of the homeowner’s association.
(6) "Governing documents" means a written instrument by which the homeowner’s association may exercise powers or manage, maintain, or otherwise affect the property under the jurisdiction of the homeowner’s association. Governing documents includes but is not limited to articles of incorporation, bylaws, a plat, rules of the homeowner’s association, and any declaration of covenants, conditions, and restrictions.
(7)(a) "Homeowner’s association" means any incorporated or unincorporated residential association:
(i) In which membership is based on owning or possessing an interest in real property; and
(ii) That has the authority, pursuant to recorded covenants, bylaws, or other governing documents, to assess and record liens against the real property of its members.
(b) "Homeowner’s association" includes the following persons who may or may not be members of a homeowner’s association or serve on the board of a homeowner’s association:
(i) A community manager pursuant to a contract with a homeowner’s association; and
(ii) An agent or person with explicit or apparent authority to act on behalf of a homeowner’s association.
(8) "Member" or "membership" means any person or entity owning or possessing an interest in residential real property or a lot within the physical boundaries of an established homeowner’s association.
(9) "Owner" means a person who holds record title to property in a residential subdivision and includes an agent of a person who holds record title to property in a residential subdivision.
(10) "Transfer fee" means a fee, charge, or assessment, as that term is described in chapter 31, title 55, Idaho Code, charged by the homeowner’s association and payable to the homeowner’s association upon the transfer of an interest in real property that is under the jurisdiction of the homeowner’s association.
[55-3203, added 2022, ch. 323, sec. 4, p. 1039; am. 2024, ch. 162, sec. 1, p. 618; am. 2024, ch. 214, sec. 1, p. 759; am. 2025, ch. 204, sec. 2, p. 926; am. 2025, ch. 211, sec. 23, p. 993; am. 2026, ch. 251, sec. 23, p. 1077.]
(1) Board meetings must be open to the members of the homeowner’s association and any representative or agent designated in a signed writing by a member to represent the member.
(2) An executive session at which members of the homeowner’s association are excluded may be held upon a majority vote of the board for the following purposes:
(a) To consider matters of personnel, hiring, bid review, or contract negotiation;
(b) To consider records that are not subject to disclosure under part 11, chapter 30, title 30, Idaho Code;
(c) To consult with an attorney for the purpose of obtaining legal advice. The mere presence of legal counsel at a board meeting shall not justify entering into executive session;
(d) To discuss ongoing or potential litigation, mediation, arbitration, or administrative proceedings; or
(e) To discuss sensitive matters related to an individual member’s property or assessments, such as violations or delinquent assessments.
(3) All homeowner’s associations, whether incorporated or unincorporated, shall:
(a) Hold a meeting of the membership each calendar year. Such meeting may be conducted in person or, with the approval of a simple majority of the members, through an electronic or hybrid meeting model;
(b) Be governed by the provisions of sections 30-30-501 and 30-30-505, Idaho Code, as those provisions relate to notice of meetings of the homeowner’s association. The board may adopt a process for members to choose to receive notice of any meeting of the homeowner’s association by electronic means rather than by mail. All dates and information of the notice must remain the same as a mail notice;
(c) Take minutes from all meetings of the homeowner’s association, including membership meetings and board meetings, and preserve such minutes for a minimum of ten (10) years; and
(d) Determine and establish the amount of assessments in accordance with the governing documents or, in the event the governing documents do not include such language, with the approval of a majority of the members of the homeowner’s association.
(4) At an annual meeting of the homeowner’s association, board members shall declare any conflict of interest or familial relationship that exists with respect to such board member and any person or entity who has previously entered into or seeks to enter into a service contract with the homeowner’s association.
(5) A board of a homeowner’s association may not use its power to adopt rules governing the common property to expand the provisions of the restrictive covenants as they relate to a member’s property.
(6) All homeowner’s associations, whether incorporated or unincorporated, shall be governed by sections 30-30-502 and 30-30-608, Idaho Code, as those sections relate to the removal of a board member and the process of calling a special meeting for such removal.
(7) Unincorporated homeowner’s associations shall be governed by bylaws that provide for at least the following:
(a) A requirement that the homeowner’s association holds at least one (1) meeting each calendar year;
(b) A requirement that notice of any meeting of the homeowner’s association be published and distributed to all members of the homeowner’s association;
(c) A requirement that the minutes of all homeowner’s association meetings be taken and preserved;
(d) A method of adopting and amending fees; and
(e) A provision that no fees or assessments of the homeowner’s association may be increased unless a majority of all members of the homeowner’s association vote in favor of the increase.
(8) If a homeowner’s association violates any of the provisions of this chapter and a member prevails in a legal action to protect his rights, the member shall be entitled to an award of reasonable attorney’s fees.
[55-3204, added 2022, ch. 323, sec. 4, p. 1040; am. 2024, ch. 214, sec. 2, p. 760.]
For any homeowner’s association formed after July 1, 2025, the following provisions shall apply:
(1)(a) The governing documents may provide for a period of declarant control of the homeowner’s association, during which a declarant, or persons designated by the declarant, may appoint and remove board members and officers of the homeowner’s association. If the governing documents permit owner election of board members or officers during the period of declarant control, such board members or officers elected by owners may not be removed by the declarant.
(b) Regardless of the period of declarant control provided by the governing documents, on or before one hundred eighty (180) days after the date on which seventy-five percent (75%) of the lots are conveyed to owners other than the declarant or a builder in the business of constructing homes that purchased the lots from the declarant for the purpose of selling completed homes built on the lots, at least one-third (1/3) of the positions on the homeowner’s association board shall be offered for members elected by owners other than the declarant.
(c) Once ninety-five percent (95%) of a development is built and occupied, the declarant shall begin the process of turning over full control of the homeowner’s association to the owners and shall complete the process within twelve (12) months of such date.
(2) The provisions in subsection (1) of this section shall apply to the transfer of board control and do not affect other declarant rights as set forth in the declaration. The declarant shall retain architectural review authority during the period of declarant control, except as otherwise specified in the declaration.
(3) If a declarant fails or refuses to comply with subsection (1) of this section, an adversely affected owner may seek injunctive relief to require compliance within thirty (30) days of sending a written notice to the declarant.
[55-3204A, added 2025, ch. 204, sec. 3, p. 927.]
(1) Except during the period of declarant control of the homeowner’s association pursuant to section 55-3204A, Idaho Code, only one (1) owner per lot shall serve concurrently on the board of a homeowner’s association.
(2) Votes allocated to the owners may be cast under a written proxy duly executed by the owner, pursuant to the provisions of the Idaho nonprofit corporation act under part 5, chapter 30, title 30, Idaho Code, except:
(a) No single owner may hold proxies representing more than fifty percent (50%) of the total votes in the homeowner’s association; and
(b) A person may not serve on the board of a homeowner’s association if the person is a member of the same household in the same primary residence as another board member of the homeowner’s association.
(3) The provisions of subsection (2) of this section shall not apply to a homeowner’s association with fewer than twenty (20) residences or during the declarant control period of the homeowner’s association.
[55-3204B, added 2025, ch. 204, sec. 4, p. 927.]
(1) A homeowner’s association or its agent shall provide a member and the member’s agent, if any, a statement of the member’s assessment account no more than five (5) business days after a written request by the member or the member’s agent is received by the manager, president, board member, or other agent of the homeowner’s association, or any combination thereof. The homeowner’s association will be bound by the amounts set forth within the statement of assessment account. The statement of assessment account shall include all outstanding assessments, charges, and fees, including any transfer fee, that are due and owing to the homeowner’s association, including any late fees or interest that may have accrued. Additionally, the homeowner’s association shall provide the amount of any transfer fee that may be charged upon a transfer of the property. No fee shall be charged by a homeowner’s association or its agent for providing a statement of the member’s assessment account. Charging a fee for any statement of the member’s assessment account required by this section is a violation of the Idaho consumer protection act, chapter 6, title 48, Idaho Code.
(2) A homeowner’s association shall not charge a transfer fee unless the authority to do so is expressly stated in the declaration of covenants, conditions, and restrictions. The transfer fee shall be charged only by the homeowner’s association, and no portion of the transfer fee may be paid to or allocated to a third party, including any board member or the homeowner’s association’s agent or manager. On or before January 1 of each year, a homeowner’s association or its agent shall provide its members a disclosure of fees that will be charged to a member. Fees imposed by a homeowner’s association for the calendar year following the disclosure of fees shall not exceed the amount set forth on the annual disclosure, and no surcharge or additional fees shall be charged to any member in connection with any transfer of ownership of his property.
(3) A homeowner’s association or its agent shall provide a member and the member’s agent, if any, an updated financial disclosure no more than ten (10) business days after a request by the member or the member’s agent is received by the manager, president, board member, or other agent of the homeowner’s association, or any combination thereof.
(4) Within sixty (60) days of the close of the fiscal year, a homeowner’s association or its agent shall provide all members of the organization, and each member’s agent, if any, with an updated and reconciled financial disclosure for the fiscal year.
(5) Except as otherwise provided in this section, each homeowner’s association shall be subject to the records and reports requirements of the Idaho nonprofit corporation act under part 11, chapter 30, title 30, Idaho Code.
[55-3205, added 2022, ch. 323, sec. 4, p. 1041; am. 2023, ch. 247, sec. 2, p. 764; am. 2024, ch. 162, sec. 2, p. 618; am. 2025, ch. 204, sec. 5, p. 928.]
(1) No fine may be imposed for a violation of the covenants and restrictions pursuant to the rules or regulations of a homeowner’s association unless the authority to impose a fine is clearly set forth in the covenants and restrictions. A majority vote by the board is required before any fine may be imposed on a member for a violation of any covenants and restrictions pursuant to the rules and regulations of the homeowner’s association. Written notice must be provided to the member at least thirty (30) days prior to a meeting at which a vote to impose a fine on the member is to be held. Service of the notice must be by personal service or certified mail.
(2) In the event the member begins resolving the violation prior to a meeting held pursuant to subsection (1) of this section, no fine may be imposed as long as the member continues to address the violation in good faith until fully resolved.
(3) No portion of any fine may be used to increase the remuneration of any board member or agent of the board.
(4) Except as may otherwise be provided in this subsection, nothing in this section is intended to affect any statute, rule, covenant, bylaw, provision, or clause that may allow for the recovery of attorney’s fees. Attorney’s fees and costs may not accrue or be assessed or collected by the homeowner’s association until the homeowner’s association has complied with the requirements of this section and the member has failed to address the violation as set forth in subsection (2) of this section. A court of competent jurisdiction may determine the reasonableness of attorney’s fees and costs assessed against a member. In an action to determine the reasonableness of attorney’s fees and costs assessed by the homeowner’s association against a member, the court may award reasonable attorney’s fees and costs to the prevailing party.
[55-3206, added 2022, ch. 323, sec. 4, p. 1042.]
(1) A homeowner’s association may levy an assessment against a lot for the reasonable costs incurred in the maintenance of common areas consisting of real property owned and maintained by the homeowner’s association.
(2)(a) A homeowner’s association claiming a lien under subsection (1) of this section must file a claim in the county in which the lot or some part thereof is located. The claim must contain:
(i) A true statement of the amount due for the unpaid assessments after deducting all just credits and offsets;
(ii) The name of the lot owner, or reputed owner, if known;
(iii) The name of the homeowner’s association; and
(iv) A description, sufficient for identification, of the property to be charged with the lien.
(b) When a claim has been filed and recorded pursuant to this section and the owner of the lot subject to the claim thereafter fails to pay any assessment chargeable to such lot, then as long as the original or any subsequent unpaid assessment remains unpaid, such claim shall automatically accumulate the subsequent unpaid assessments without the necessity of further filings under this section.
(c) The claim must be verified by the oath of an individual having knowledge of the facts and must be recorded by the county recorder. The record will be indexed as other liens are required by law to be indexed.
(d) Within five (5) business days after recording a lien on the property, the homeowner’s association shall serve, by personal delivery to the owner or reputed owner or by certified mail to the last known address of the owner or reputed owner, a true and correct copy of the recorded lien.
(3) The lien may be enforced by the board acting on behalf of the homeowner’s association.
(4) This section does not prohibit a homeowner’s association from pursuing an action to recover sums for which subsection (1) of this section creates a lien or from taking a deed in lieu of foreclosure in satisfaction of the lien.
(5) An action to recover a money judgment for unpaid assessments may be maintained without foreclosing or waiving the lien securing the claim for unpaid assessments. However, recovery on the action operates to satisfy the lien, or the portion thereof, for which recovery is made.
[55-3207, added 2022, ch. 323, sec. 4, p. 1042.]
(1) No homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits the installation of solar panels or solar collectors on the rooftop of any property or structure within the jurisdiction of the homeowner’s association. A homeowner’s association may, however, determine the specific location where solar panels or solar collectors may be installed on the roof as long as installation is permitted with an orientation to the south or within forty-five (45) degrees east or west of due south.
(2) A homeowner’s association may adopt reasonable rules for the installation of solar panels or solar collectors consistent with an applicable building code or to require that panels or collectors be parallel to a roofline, conform to the slope of a roof, and that any frame, support bracket, or visible piping or wiring be painted to coordinate with the roofing material. The provisions of this subsection shall apply only to rooftops that are owned, controlled, and maintained by the homeowner.
[55-3208, added 2022, ch. 323, sec. 4, p. 1043.]
(1) Except as otherwise provided in this section, no homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits or has the effect of prohibiting the display of a political sign.
(2) A homeowner’s association may adopt reasonable rules, subject to any applicable laws or ordinances, regarding the time, size, place, number, and manner of display of political signs.
(3) A homeowner’s association may remove a political sign without liability if the sign:
(a) Is placed within the common areas, including limited common areas, other property or improvements owned or maintained by the homeowner’s association, or property owned in common by the members of the homeowner’s association;
(b) Threatens the public health or safety;
(c) Violates an applicable law or ordinance; or
(d) Is accompanied by sound or music or if any other materials are attached to the political sign.
(4) Except as provided in subsection (3) of this section, a homeowner’s association shall not remove a political sign from the property of a member or impose any fine or penalty upon the member unless it has first provided the member three (3) days’ written notice that specifically identifies the rule and the nature of the violation.
(5) For the purpose of this chapter, "political sign" means any fixed, ground-mounted display in support of or in opposition to a candidate for office or a ballot measure.
[55-3209, added 2022, ch. 323, sec. 4, p. 1043.]
(1) No homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits or has the effect of prohibiting the display of:
(a) The flag of the United States of America;
(b) The flag of the state of Idaho;
(c) The POW/MIA flag; or
(d) An official or replica flag of any branch of the United States armed forces.
(2) A homeowner’s association may adopt reasonable rules, subject to applicable laws or ordinances:
(a) That require:
(i) The flag of the United States of America and the flag of the state of Idaho to be displayed in accordance with 4 U.S.C. 5 et seq.;
(ii) A flagpole attached to a dwelling or a freestanding flagpole to be constructed of permanent, long-lasting materials with a finish appropriate to the materials used in the construction of the flagpole and harmonious to the dwelling;
(iii) The display of a flag, or the location and construction of the supporting flagpole, to comply with applicable zoning ordinances, easements, and setbacks of record; and
(iv) That a displayed flag and the flagpole on which it is flown be maintained in good condition and that any deteriorated flag or deteriorated or structurally unsafe flagpole be repaired, replaced, or removed;
(b) That regulate the size, number, and location of flagpoles on which flags are displayed, except that the regulation may not prevent the installation or erection of at least one (1) flagpole per property that:
(i) Is not more than twenty (20) feet in height and, subject to applicable zoning ordinances, easements, and setbacks of record, is located in the front yard of the property; or
(ii) Is attached to any portion of a residential structure owned by the member and not maintained by the homeowner’s association;
(c) That govern the size of a displayed flag;
(d) That regulate the size, location, and intensity of any lights used to illuminate a displayed flag;
(e) That impose reasonable restrictions to abate noise caused by an external halyard of a flagpole; or
(f) That prohibit a member from locating a displayed flag or flagpole on property that is:
(i) A common area, including a limited common area;
(ii) Owned or maintained by the homeowner’s association; or
(iii) Owned in common by the members of the association.
(3) A member who has a front yard and who otherwise complies with any permitted homeowner’s association regulation may elect to install a flagpole in accordance with subsection (2)(b) of this section.
(4) A homeowner’s association may not remove a flag permitted by subsection (1) of this section from the property of a member or impose any fine or penalty upon the member unless it has first provided the member three (3) days’ written notice that specifically identifies the rule and the nature of the violation.
[55-3210, added 2022, ch. 323, sec. 4, p. 1044.]
No homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that limits or prohibits the rental, for any amount of time, of any property, land, or structure thereon within the jurisdiction of the homeowner’s association, unless expressly agreed to in writing at the time of such addition or amendment by the owner of the affected property. Nothing in this section shall be construed to prevent the enforcement of valid covenants, conditions, or restrictions limiting a property owner’s right to transfer his interest in land or the structures thereon as long as that covenant, condition, or restriction applied to the property at the time the homeowner acquired his interest in the property.
[55-3211, added 2022, ch. 323, sec. 4, p. 1045.]
(1) No homeowner’s association shall add, amend, or enforce any covenant, condition, or restriction in such a way that limits or prohibits accessory dwelling units, as defined in section 67-6541, Idaho Code, on any property, land, or structure thereon within the jurisdiction of a homeowner’s association, unless the owner of the affected property expressly agrees in writing to such addition or amendment of a covenant, condition, or restriction. Nothing in this section shall be construed to prevent the enforcement of valid covenants, conditions, or restrictions limiting or prohibiting a property owner’s right to transfer an interest in land or the structures thereon where such covenant, condition, or restriction existed and applied to the property at the time the property owner acquired an interest in the property.
(2) Notwithstanding the prohibitions provided in subsection (1) of this section, a homeowner’s association may adopt reasonable rules governing the use of accessory dwelling units otherwise allowed by law, including but not limited to architectural design consistent with the primary dwelling, size limits, height limits, setback requirements, open space requirements, parking controls, and bedroom requirements.
(3) Nothing in this section shall be construed to restrict a homeowner’s association from adopting a less restrictive definition of accessory dwelling units.
(4) The provisions of this section do not apply to any rentals defined in section 63-1803(4), Idaho Code.
[55-3212, added 2023, ch. 265, sec. 1, p. 792; am. 2026, ch. 265, sec. 1, p. 1117.]
(1) On and after July 1, 2024, except as otherwise provided in this section, no homeowner’s association may add, amend, or enforce any covenant, condition, or restriction in such a way that prohibits or has the effect of prohibiting the operation of a family daycare home as defined in section 39-1102, Idaho Code. This section shall not affect any covenant, condition, or restriction in effect prior to July 1, 2024.
(2) The provisions of this section shall not supersede any of the homeowner’s association’s regulations concerning architectural control, parking, landscaping, noise, or other matters applicable to all homeowner association members.
(3) A homeowner’s association may adopt reasonable rules in compliance with any applicable laws or ordinances, including a requirement that a family daycare home be licensed pursuant to the applicable provisions of chapter 11, title 39, Idaho Code.
[55-3213, added 2024, ch. 191, sec. 1, p. 687.]
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