View Daily Data Tracking History
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
S1159aa....................................by LOCAL GOVERNMENT AND TAXATION REAL PROPERTY - Adds to existing law relating to adverse possession to provide for the award of attorney's fees and costs to the prevailing party; to provide procedures; and to provide for notice. 02/12 Senate intro - 1st rdg - to printing 02/13 Rpt prt - to Loc Gov 02/20 Rpt out - to 14th Ord 02/22 Rpt out amen - to engros 02/23 Rpt engros - 1st rdg - to 2nd rdg as amen 02/26 2nd rdg - to 3rd rdg as amen 03/02 3rd rdg as amen - FAILED - 12-23-0 AYES-- Branch(Bartlett), Darrington, Frasure, Geddes, Hawkins, Ingram, Keough, Risch, Schroeder, Thorne, Whitworth, Williams NAYS -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Davis, Deide, Dunklin, Goedde, Ipsen, King-Barrutia, Lee, Lodge, Noh, Richardson, Sandy, Sims, Sorensen, Stegner, Stennett, Wheeler Absent and Excused -- None Floor Sponsor -- Schroeder Filed w/ Office of the Secretary of the Senate
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1159 BY LOCAL GOVERNMENT AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO THE AWARD OF ATTORNEY'S FEES; AMENDING CHAPTER 1, TITLE 12, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 12-124, IDAHO CODE, TO PROVIDE FOR 4 THE AWARD OF ATTORNEY'S FEES AND COSTS TO THE PREVAILING PARTY WHO RECOV- 5 ERS POSSESSION OF PROPERTY FROM A PERSON UNLAWFULLY IN ACTUAL POSSESSION 6 IN AN ADVERSE POSSESSION ACTION, IN AN ACTION REGARDING REAL PROPERTY IF 7 THERE IS A DISPUTE OVER THE BOUNDARY LINE, THE COURT SHALL ORDER THAT THE 8 PROPERTY BE SURVEYED BY A LICENSED SURVEYOR AND THAT THE SURVEY LINE MUST 9 BE ABIDED BY, TO PROVIDE PROCEDURES AND TO PROVIDE FOR NOTICE; TO PROVIDE 10 AN EFFECTIVE DATE AND TO PROVIDE APPLICATION. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Chapter 1, Title 12, Idaho Code, be, and the same is 13 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 14 ignated as Section 12-124, Idaho Code, and to read as follows: 15 12-124. ATTORNEY'S FEES IN ADVERSE POSSESSION ACTIONS. (1) In an action 16 for the possession of real property between a person claiming under the 17 recorded title to the property and one claiming by adverse possession, if the 18 prevailing party recovers possession of the property from a person unlawfully 19 in actual possession, the court shall award costs and reasonable attorney's 20 fees to the prevailing party. In an action regarding real property if there is 21 a dispute over the boundary line, the court shall order that the property be 22 surveyed by a licensed surveyor and that the survey line must be abided by. 23 (2) To recover attorney's fees, the person seeking possession must give 24 the person unlawfully in possession a written demand for that person to vacate 25 the premises. The demand must be given by registered or certified mail at 26 least ten (10) calendar days before filing the action for recovery of posses- 27 sion. 28 (3) The demand must state that if the person unlawfully in possession 29 does not vacate the premises within ten (10) calendar days and an action is 30 filed by the person seeking possession, the court may enter a judgment against 31 the person unlawfully in possession for costs and attorney's fees in an amount 32 determined by the court to be reasonable. 33 SECTION 2. This act shall be in full force and effect on and after July 34 1, 2001, and shall apply to all actions filed on and after July 1, 2001, 35 involving adverse possession.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001Moved by Schroeder Seconded by Frasure IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1159 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, delete lines 17 through 22 and insert: 3 "recorded title to the property and one claiming by adverse possession, the 4 court shall award costs and reasonable attorney's fees to the prevailing 5 party.". 6 CORRECTION TO TITLE 7 On page 1, delete lines 4 through 9 and insert: "THE AWARD OF ATTORNEY'S 8 FEES AND COSTS TO THE PREVAILING PARTY, TO PROVIDE PROCEDURES AND TO PROVIDE 9 FOR NOTICE; TO PROVIDE".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1159, As Amended BY LOCAL GOVERNMENT AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO THE AWARD OF ATTORNEY'S FEES; AMENDING CHAPTER 1, TITLE 12, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 12-124, IDAHO CODE, TO PROVIDE FOR 4 THE AWARD OF ATTORNEY'S FEES AND COSTS TO THE PREVAILING PARTY, TO PROVIDE 5 PROCEDURES AND TO PROVIDE FOR NOTICE; TO PROVIDE AN EFFECTIVE DATE AND TO 6 PROVIDE APPLICATION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Chapter 1, Title 12, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 10 ignated as Section 12-124, Idaho Code, and to read as follows: 11 12-124. ATTORNEY'S FEES IN ADVERSE POSSESSION ACTIONS. (1) In an action 12 for the possession of real property between a person claiming under the 13 recorded title to the property and one claiming by adverse possession, the 14 court shall award costs and reasonable attorney's fees to the prevailing 15 party. 16 (2) To recover attorney's fees, the person seeking possession must give 17 the person unlawfully in possession a written demand for that person to vacate 18 the premises. The demand must be given by registered or certified mail at 19 least ten (10) calendar days before filing the action for recovery of posses- 20 sion. 21 (3) The demand must state that if the person unlawfully in possession 22 does not vacate the premises within ten (10) calendar days and an action is 23 filed by the person seeking possession, the court may enter a judgment against 24 the person unlawfully in possession for costs and attorney's fees in an amount 25 determined by the court to be reasonable. 26 SECTION 2. This act shall be in full force and effect on and after July 27 1, 2001, and shall apply to all actions filed on and after July 1, 2001, 28 involving adverse possession.
STATEMENT OF PURPOSE RS 10678C2 The purpose of this legislation is to amend Chapter 1, Title 12, Idaho Code by the addition of a new section 12-124, Idaho Code, to provide for the award of attorney s fees and costs to the prevailing party who recovers possession of property from a person unlawfully in actual possession in an adverse possession action; to provide that in an action regarding real property if there is a dispute over the boundary line, the court shall order that the property be surveyed by a licensed surveyor and that the survey line must be abided by. FISCAL IMPACT There is no fiscal impact to the general fund or any unit of local government. Contact Name: Warner Brarnmer P.O. Box 175 Kendrick, Idaho 83537 Phone: 208 289 4227 Name: Senator Gary J. Schroeder Phone: 208 332 1321 STATEMENT OF PURPOSE/FISCAL NOTE S 115