Title 55 — PROPERTY IN GENERAL

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…

55-2507. Mandatory required disclosure statements. 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 …

55-2508. Disclosure form. 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 Co…

55-2509. Delivery of disclosure form and acceptance. 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 acceptanc…

55-2510. Delivery requirements. 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 rec…

55-2511. Errors, inaccuracies or omissions — Liability of transferor — Delivery of information by public agency — Delivery by experts. (1) Neither the transferor or transferor’s agents shall be liable for any error, inaccuracy or omission of any information delivered pursuant to …

55-2512. Information subsequently rendered inaccurate — Required information unknown or not available. 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 re…

55-2513. Amendment to form. 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…

55-2514. Chapter does not relieve seller or his agent of obligation to disclose other information. 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 n…

55-2515. Rescission by transferee. 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 a…

55-2516. Good faith required. 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.

55-2517. Failure to comply. 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 …

55-2518. Duties of real estate licensees unchanged. 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.

55-2601. Sport shooting range — Liability for noise pollution. (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…

55-2602. Sport shooting range — Nuisance action — Limitations. (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 …

55-2603. Local regulation of sport shooting range. (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…

55-2604. Definitions. 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 oper…

55-2605. Preemption of local authority — Noise standards — Zoning. 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 …

55-2606. Severability. 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 …

55-2701. Short title. This chapter shall be known as and may be cited as "The Floating Homes Residency Act."

55-2702. Legislative policy. 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,…

55-2703. 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.

55-2704. Definitions. (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 t…

55-2705. This chapter governs. 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 m…

55-2706. Rental agreement. (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 app…

55-2707. Floating home marina — Rules and regulations. (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 regulati…

55-2708. Adjustments to rent, services, utilities or rules — Fees. (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…

55-2709. Eviction from marina. 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 …

55-2710. Reasons for eviction — Statement of eviction reasons in notice. (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 mari…

55-2711. Eviction to make space for floating home owned by landlord. 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.

55-2712. Sale, transfer, or removal of a floating home. (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 sa…

55-2713. Notice to owner. (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 suspecte…

55-2714. Tenant action for damages — Specific performance. (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 …

55-2715. Retaliatory conduct by landlord prohibited. 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 t…

55-2716. Tenant associations. (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 or…

55-2717. Arbitration. 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.

55-2718. Penalties. 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) time…

55-2719. 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.

55-2720. Venue. 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.

55-2801. Psychologically impacted defined. 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 o…

55-2802. No cause of action. 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 impacte…

55-2803. Request for disclosure. 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…

55-2901. Short title. This chapter shall be known and may be cited as "The Emergency Communications Preservation Act."

55-2902. Purpose. 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.

55-2903. Definitions. 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 antenn…

55-2904. Antenna support structures — Antennas — Restrictions on local units of government. 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 …

55-3001. Short title. This chapter shall be known and may be cited as the "Uniform Environmental Covenants Act."

55-3002. Definitions. 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…

55-3003. Nature of rights — Subordination of interests. (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…

55-3004. Contents of environmental covenant. (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 t…