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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 - 2000
IN 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 place or of 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