Title 55 — PROPERTY IN GENERAL

55-1803. Administration of chapter. This chapter shall be administered by the Idaho real estate commission.

55-1804. Prohibitions on dispositions of interests in subdivisions. Unless the subdivided lands or the transaction is exempt under section 55-1805, Idaho Code, it shall be unlawful for any person to make in this state: (1) Any offer or disposition of any interest in subdivided la…

55-1804A. right of rescission. Any contract or agreement of disposition for an interest in subdivided lands may be rescinded by the purchaser without cause by personally delivering or sending by certified mail, a written notice of cancellation to the subdivider on or before 11:59…

55-1805. Exemptions. (1) Unless the method of disposition is adopted for the purpose of evasion of this chapter, the registration provisions of this chapter do not apply to offers or dispositions of an interest in land: (a) By a purchaser of subdivided lands for his own account i…

55-1806. Application for registration. (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 law…

55-1807. Public offering statement. (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 sub…

55-1808. examination by commission of application for registration. Upon receipt of an application for registration in proper form, the commission shall forthwith initiate an examination of the application for registration to determine that: (1) The requirements of section 55-180…

55-1809. Notice of filing — Registration — rejection of application — Fees. (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 a…

55-1810. renewal report — duty to report convictions and judgments. (1) The subdivider shall file a renewal report in the form prescribed by the commission. The renewal report shall reflect any material changes in information contained in the original application for registration…

55-1811. General powers and duties. (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 discl…

55-1812. Fraudulent practices. It shall be a fraudulent practice and it shall be unlawful: (1) For any person knowingly to subscribe to or make or cause to be made any materially false statement or representation in any application, financial statement or other document or statem…

55-1813. Investigations and proceedings. (1) 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 …

55-1814. Cease and desist orders. (1) If the commission determines after notice and hearing that a person has: (a) Violated any provision of this chapter; (b) Directly or through an agent or employee knowingly engaged in any false, deceptive or misleading advertising, promotional…

55-1815. Revocation. (1) A registration may be revoked by the commission after notice and hearing upon a written finding of fact that the subdivider has: (a) Failed to maintain the requirements for continued registration; (b) Failed to comply with the terms of a cease and desist …

55-1816. Judicial review. A person who has exhausted all administrative remedies available within the commission and who is aggrieved by any final decision of the commission is entitled to judicial review in accordance with chapter 52, title 67, Idaho Code.

55-1817. Real estate license required. No real estate broker or salesperson shall offer or dispose of subdivided lands within or from this state, except in dispositions and transactions exempt under section 55-1805, Idaho Code, unless said real estate broker or salesperson is lic…

55-1818. Extradition. In proceedings for extradition of a person charged with a crime under this chapter, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding or other state.

55-1819. Civil remedy. (1) Every disposition made in violation of any of the provisions of this chapter, or of any order issued by the commission under any of the provisions of this chapter, shall be voidable at the election of the purchaser. The person making such disposition, a…

55-1819A. noncompliance — unfair practice under the Idaho consumer protection act. Any offer or disposition made in violation of this chapter constitutes an unfair and deceptive act or practice pursuant to chapter 6, title 48, Idaho Code.

55-1820. Jurisdiction. (1) Dispositions of subdivided lands are subject to this chapter, and the district courts of this state have jurisdiction in claims or causes of action arising under this chapter if: (a) The subdivider’s principal office is located in this state; or (b) Any…

55-1821. Service of process. In addition to the methods of service provided for in the Idaho rules of civil procedure and Idaho statutes, service may be made on a person who has filed a consent to service of process by delivering a copy of the process to the office of the commiss…

55-1822. Evidentiary matters. (1) In any action, civil or criminal, where a defense is based upon any exemption provided for in this chapter, the burden of proving the existence of such exemption shall be upon the party raising such defense. (2) In any action, civil or criminal, …

55-1823. Penalties. Any person who shall willfully violate any provision of this chapter or who willfully violates any rule or order of the commission made and served upon said person pursuant to the provisions of this chapter, or who shall willfully engage in any act, practice o…

55-1901. Purpose. The purpose of this chapter is to provide a method for preserving evidence of land surveys by providing for a public record of surveys. The provisions shall be deemed supplementary to existing laws relating to surveys, subdivisions, platting and boundaries.

55-1902. Definitions. As used in this chapter: (1) "Basis of bearing" means the bearing in degrees, minutes and seconds, or equivalent, of a line between two (2) monuments or two (2) monumented corners that serves as the reference bearing for all other lines on the survey; or a d…

55-1903. Compliance with chapter required. Any surveyor legally engaged in the practice of land surveying shall comply with the provisions of this chapter.

55-1904. Records of survey — When filing required. After making a land survey in conformity with established principles of land surveying, a surveyor shall file a record of survey with the county recorder in the county or counties wherein the lands surveyed are situated. A record…

55-1905. Records of survey — Filing. The records of survey to be filed under authority of this chapter shall be processed as follows: (1) The record of survey shall be a map using the same media and copy process as provided in section 50-1304, Idaho Code. The map shall be eightee…

55-1906. Records of survey — Contents. The records of survey shall, at a minimum, show: (1) All monuments found or set or reset or replaced, or removed, describing their kind, size, location using bearings and distances, and giving other data relating thereto; (2) Evidence of com…

55-1907. Coordinates — Basis. When coordinates in the Idaho coordinate system are shown on a record of survey map, subdivision plat or a highway right-of-way plat, the map or the plat must show the national spatial reference system monuments and their coordinates used as the basi…

55-1908. When record of survey not required. A record of survey is not required of any survey when: (1) It is of a preliminary nature; (2) A map is in preparation for recording or has been recorded under any other section of the Idaho Code, or pursuant to the laws of the United S…

55-1909. Filing fee. A fee of five dollars ($5.00) per page shall be charged for filing any record of survey.

55-1910. Duties of county recorder. The record of survey filed with the county recorder of any county shall be assigned an instrument number and shall be bound or filed with other plats of like character in a book or file or through an approved electronic storage system designate…

55-1911. Error of closure. Any survey of land involving property boundaries including, but not limited to, public land survey lines, shall be conducted in such a manner as to produce an unadjusted mathematical error of closure of each area bounded by property lines within the sur…

55-2001. Short title. This chapter shall be known as and may be cited as the "Manufactured Home Residency Act."

55-2002. Good faith. Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.

55-2003. Definitions. 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 …

55-2004. Chapter governs. This chapter shall regulate and determine legal rights, remedies and obligations arising from any rental agreement between a landlord and a resident regarding a lot, except in those instances in which: (i) the landlord is renting both the lot and the hom…

55-2005. Rental agreement. (1) A written rental agreement or lease shall be executed in duplicate by the landlord and the prospective resident, each to receive a copy. The landlord shall provide a copy of the community rules when the prospective resident submits an application fo…

55-2006. Adjustments to rent, services, utilities or rules. (1) A landlord may increase or decrease rents after expiration of the lease term, but only with ninety (90) days’ written notice to the residents. Such written notice shall be sent by first class mail, certified mail or …

55-2007. Required rental agreement provisions and exclusions — Disclosures. (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 t…

55-2008. Rules. (1) A written rule of the community is enforceable against the resident if it is part of the rental agreement signed by the resident. (2) A rule adopted or amended after the resident enters into the rental agreement is not enforceable unless the resident consents …

55-2009. Sales of homes and transfer of lots. (1) No landlord shall deny any resident who owns his home the right to sell the home on a rented lot or require the resident to remove the home from the lot solely on the basis of the sale. (2) The landlord shall not exact a commissio…

55-2009A. Notice of lienholder — Limit on back rent — abandonment. (1) Any lienholder or legal owner of a home who wants to be protected under this section must so notify the landlord in writing of his secured or legal interest. (2) If the resident becomes sixty (60) days in arre…

55-2009B. SALE TO SATISFY LIENS. (1) When a home has been abandoned, the landlord, as the possessory lienholder, may proceed to conduct a sale of the abandoned home to satisfy the lien and costs of sale, if an authorization to conduct a lien sale has been issued by the department…

55-2009C. notice of sale. 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…

55-2009D. release of owner’s interest in abandoned home. (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 fo…

55-2009E. inspection prior to sale. 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 accep…

55-2009F. disposition of proceeds. (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 ho…

55-2010. Terminations. (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…