2000 Legislation
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HOUSE BILL NO. 551 – Property identifictn/affidavit/file

HOUSE BILL NO. 551

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Daily Data Tracking History



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

Bill Text


 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 / Fiscal Impact


     
     
                 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