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H0551...................................................by LOCAL GOVERNMENT PROPERTY IDENTIFICATION - Amends existing law to provide that 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. 02/11 House intro - 1st rdg - to printing 02/14 Rpt prt - to Loc Gov 02/23 Rpt out - rec d/p - to 2nd rdg 02/24 2nd rdg - to 3rd rdg 02/25 3rd rdg - PASSED - 55-0-15 AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Campbell, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Geddes, Hadley, Hammond, Henbest, Hornbeck, Jaquet, Judd, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie, Stoicheff, Stone, Taylor, Tilman, Wheeler, Zimmermann NAYS -- None Absent and excused -- Alltus, Bruneel, Callister, Chase, Gagner, Gould, Hansen(23), Hansen(29), Jones, Kellogg, Smith, Stevenson, Trail(Miller), Wood, Mr Speaker Floor Sponsor - Field(20) Title apvd - to Senate 02/28 Senate intro - 1st rdg - to Loc Gov 03/09 Rpt out - rec d/p - to 2nd rdg 03/10 2nd rdg - to 3rd rdg 03/29 3rd rdg - PASSED - 33-0-2 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Thorne, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Frasure, Stennett Floor Sponsor - Stegner Title apvd - to House 03/30 To enrol 03/31 Rpt enrol - Sp signed 04/03 Pres signed - to Governor 04/14 Governor signed Session Law Chapter 377 Effective: 07/01/00
H0551|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 551 BY LOCAL GOVERNMENT COMMITTEE 1 AN ACT 2 RELATING TO AFFIDAVITS; AMENDING SECTION 55-816, IDAHO CODE, TO PROVIDE ANY 3 AFFIDAVIT AS TO THE IDENTIFICATION OF PLATS OR DESCRIPTIONS OF REAL PROP- 4 ERTY SIGNED BY THE GRANTOR AND GRANTEE NAMED IN THE DOCUMENT OF TRANSFER 5 WHICH CONTAINS THE DESCRIPTIONS BEING CORRECTED OR IF THE GRANTOR IS NOT 6 AVAILABLE THEN THE AFFIDAVIT MUST BE SIGNED BY THE GRANTEE AND INDEXED 7 UNDER THE NAME OF BOTH THE GRANTOR AND GRANTEE, MAY BE RECORDED IN THE 8 OFFICE OF THE COUNTY RECORDER OF THE COUNTY WHEREIN THE REAL PROPERTY IS 9 SITUATE AND TO MAKE A TECHNICAL CORRECTION. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 55-816, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 55-816. AFFIDAVITS. Any affidavit setting forth facts showing or explain- 14 ing marital status, identity of persons, possession of real property when the 15 title thereof is deraigned through tax deed, delivery of deed by grantor dur- 16 ing grantor's lifetime, occupation of real property as a homestead, date of 17 birth, date of death, date of marriage, or placeorof residence, with respect 18 to any person mentioned in any recorded instrument affecting title to real 19 property, and also any affidavit as to the identification of plats or descrip- 20 tions of real property signed by the grantor and grantee named in the document 21 of transfer which contains the descriptions being corrected or, if the grantor 22 is not available, then the affidavit must be signed by the grantee and indexed 23 under the name of both the grantor and grantee, may be recorded in the office 24 of the county recorder of the county wherein the real property is situate; and 25 any such recorded affidavit or the record or certified copy thereof whether 26 heretofore or hereafter recorded shall constitute a part of the record of 27 title to the real property to which it relates and may be received in evidence 28 in any cause affecting the title to such real property, by all courts and all 29 boards, and before all officers, in the state of Idaho as part of such record 30 of title.
STATEMENT OF PURPOSE RS 09775 The purpose of this bill is to require that when corrections are made to the title of property through the affidavit provided in section 55-816, Idaho Code, both the grantor and grantee must sign the affidavit. If the grantor is not available, the affidavit must be signed by the grantee and indexed under both the names of the grantor and grantee. This requirement ensures that corrections to titles are legitimate and that the corrections can be properly tracked through the recording system. FISCAL IMPACT There will be no additional cost to any state or local governmental entity. However, there likely will be some additional uncalculated cost to private entities as they try to obtain the required signatures. CONTACT: Ernie Bahem, Owyhee County Assessor, Phone: 495-2817 Greg Heinrich, Jerome County Assessor, Phone: 324-7507 STATEMENT OF PURPOSE/FISCAL IMPACT H 551