Title 55, PROPERTY IN GENERAL

55-2015. Retaliatory conduct by landlord prohibited. 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 becaus…

55-2016. Arbitration and mediation. 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 bindin…

55-2017. Penalties. 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 …

55-2018. Attorney’s fees. 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.

55-2019. Venue. Venue for any action arising under this chapter shall be in the district court of the county in which the lot is located.

55-2020. service of notice. (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 suita…

55-2101. Definitions. 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 re…

55-2102. Conservation easement created — Conveyance — Acceptance — Duration. (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…

55-2103. Persons who may bring actions — Powers of the court. (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 enf…

55-2104. Validity of conservation easements. 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 commo…

55-2105. Applicability of this chapter. (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 instru…

55-2106. Uniformity of application and construction. 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.

55-2107. Eminent domain. A conservation easement pursuant to this chapter shall not be created through eminent domain proceedings pursuant to chapter 7, title 7, Idaho Code.

55-2108. Other interests not impaired by conservation easements. 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 b…

55-2109. Taxation. 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 c…

55-2201. Legislative intent. 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…

55-2202. Definitions. 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, st…

55-2203. damage prevention board. (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 pr…

55-2205. Permit compliance — Notice of excavation — Response to notice — Compensation for failure to comply — Exemptions. (1) Before commencing excavation, the excavator shall: (a) Comply with other applicable law or permit requirements of any public agency issuing permits; (b) P…

55-2206. One-number notification service — Establishment — Participation required — Funding. 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 mai…

55-2207. Excavation contracts — Limitations — Precautions to avoid damage — Liability for damage. (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…

55-2208. Damage to underground facilities — Duties of excavator and owner — reporting of data. (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 th…

55-2209. Duties of public agency issuing excavation, building or other similar permits. (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…

55-2210. Excavations exempt from notice requirement. 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 pursu…

55-2211. Violation — Civil penalty — duties of the board and the administrator — Other remedies unimpaired. (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 …

55-2212. Waiver permitted by owner of underground facility. 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 f…

55-2301. Definitions. 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 r…

55-2302. Restrictive use of terms. A self-service storage facility is not a warehouse or a public utility.

55-2303. Restrictions on use of leased space. (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.

55-2304. Rental agreement. (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 fa…

55-2305. Lien created. 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 …

55-2306. Enforcement of lien. (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) Th…

55-2307. Severability. 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 remainin…

55-2308. Lessee in default — Vehicle or trailer removal. (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 sel…

55-2309. Access Restriction. 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 unlawfu…

55-2401. Definitions. 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 emplo…

55-2402. Activity near overhead line — Safety restrictions. 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…

55-2403. Activity in close proximity to lines — Clearance arrangements with public utility — Payment. (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 chapt…

55-2404. Violations. (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…

55-2405. Exemptions. 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, …

55-2501. Short title. This chapter may be cited as the "Idaho Property Condition Disclosure Act."

55-2502. Legislative intent. 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 resid…

55-2503. Definitions. 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 u…

55-2504. Property condition disclosure required. 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 di…

55-2505. Exemptions. 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 d…

55-2506. Disclosure information. 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 disc…