2001 Legislation
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SENATE BILL NO. 1159 – Real property, claim/possess, costs

SENATE BILL NO. 1159

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View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                      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