2000 Legislation
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SENATE BILL NO. 1428 – Property, boundary, agreement

SENATE BILL NO. 1428

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Daily Data Tracking History



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

Bill Text


 S1428
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN 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 / Fiscal Impact


     
          
                 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