IdahoS 13262026 regular legislative sessionSenate

PROPERTY RIGHTS – Adds to existing law to establish provisions regarding property rights protection.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Sue for $1,000 per illegal entry

If a government agent knowingly violates this law, the owner or lessee gets $1,000 for each occurrence. You can also sue for your actual damages and ask the court to order the agent to stop. The winner can recover reasonable attorney’s fees and costs. You can file in magistrate court, or the county prosecutor can enforce the penalty. The $1,000 penalty does not apply to county sheriffs or deputies, municipal police, or Idaho state police.

Limits on government entry to private land

Government agents cannot enter nonpublic private land without a warrant, an emergency, or the owner’s or lessee’s consent. An agent may walk to your front door the same way a private visitor would. The agent cannot search, inspect, or watch beyond what is visible from a lawful public place. If you ask the agent to leave, they must promptly do so unless the law lets them stay.

Feds must notify sheriff before warrants

Federal agents must tell the county sheriff before executing a search warrant on private land. They do not have to notify the sheriff if there is an emergency.

When officials can still enter land

Officials can still investigate from public places and enter in emergencies. They may enter only as needed to serve civil papers or do welfare checks, and to do work tied to water rights, rights‑of‑way or easements, lawful aerial observation, noxious‑weed control, and abatement district duties. Agents are protected from trespass charges if they enter in good faith with a valid warrant, during an emergency, with consent, or under the law’s limited approach rules. This law does not change the protections for your home and its immediate area (curtilage).

Sponsors & Cosponsors

Sponsor

STATE AFFAIRS COMMITTEE
Affiliation unavailable

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 65 • No: 3

Senate vote • 3/23/2026

Senate Floor Vote