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S1428......................................by LOCAL GOVERNMENT AND TAXATION PROPERTY - BOUNDARY - Adds to existing law to provide that a boundary by agreement may not be established between contiguous landowners except with consent; to provide a period of acquiescence; and to provide for recording and service of an instrument declaring intent that no boundary by agreement be created. 02/15 Senate intro - 1st rdg - to printing 02/16 Rpt prt - to Loc Gov 02/29 Rpt out - to 14th Ord 03/07 Ret'd to Loc Gov
S1428|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE SENATE SENATE BILL NO. 1428 BY LOCAL GOVERNMENT AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO ACQUISITION OF REAL PROPERTY; AMENDING CHAPTER 2, TITLE 5, IDAHO 3 CODE, BY ADDING A NEW SECTION 5-210A, IDAHO CODE, TO PROVIDE THAT A BOUND- 4 ARY BY AGREEMENT MAY NOT BE ESTABLISHED BETWEEN CONTIGUOUS LANDOWNERS 5 EXCEPT WITH CONSENT, TO PROVIDE A PERIOD OF ACQUIESCENCE AND TO PROVIDE 6 FOR RECORDING AND SERVICE OF INSTRUMENT DECLARING INTENT THAT NO BOUNDARY 7 BY AGREEMENT BE CREATED; AND PROVIDING AN EFFECTIVE DATE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 2, Title 5, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 5-210A, Idaho Code, and to read as follows: 12 5-210A. BOUNDARY BY AGREEMENT -- PERIOD OF ACQUIESCENCE -- RECORDING. A 13 boundary by agreement, whether express or implied, may not be established 14 between contiguous landowners unless the landowners and their successors 15 acquiesce in the agreement for a period of five (5) years after the completion 16 of construction of the fence or other structure that is asserted to define the 17 boundary. The parties are deemed to have acquiesced in the boundary by agree- 18 ment unless either of the parties records a written instrument in the real 19 estate records kept by the county recorder of the county in which the proper- 20 ties are located, declaring it was not the intent of that party to fix a 21 boundary between the parcels by construction of the fence or other structure. 22 If the instrument declaring intent is recorded as provided in this section and 23 a copy of the instrument is served on the other party within the five (5) year 24 period, the instrument negates the effect of any purported express or implied 25 agreement to fix the boundary by construction of the fence or other structure. 26 SECTION 2. This act shall be in full force and effect on and after July 27 1, 2000.
STATEMENT OF PURPOSE RS 09467 Adds a new section to the Idaho Code to govern boundary disputes and provide a method to record the intent of any purported owner of land parcel with regard to a fence or other structure that may delineate a boundary. Many boundary disputes have been resolved by invoking English common-law doctrine. No such doctrine is part of the present Idaho Code and many land owners are not aware of the process needed to assure ownership retention. This fills that void. FISCAL IMPACT No cost to state or political subdivision. Contact Name: Sen. "Moon" Wheeler Phone: 332-1409 STATEMENT OF PURPOSE/FISCAL NOTE S 1428