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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 - 2001
IN 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 - 2001
Moved 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 - 2001
IN 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