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S1111......................................by LOCAL GOVERNMENT AND TAXATION
FOREST LAND - OWNERSHIP - Adds to existing law relating to limitations of
actions to provide for the ownership acquisition of any part or parcel of
tracts of private forest land; to prohibit certain means of ownership
acquisition; and to provide for application.
02/11 Senate intro - 1st rdg - to printing
02/14 Rpt prt - to Loc Gov
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1111
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO LIMITATIONS OF ACTIONS; AMENDING CHAPTER 2, TITLE 5, IDAHO CODE,
3 BY THE ADDITION OF A NEW SECTION 5-213A, IDAHO CODE, TO DEFINE TERMS, TO
4 PROVIDE FOR THE OWNERSHIP ACQUISITION OF ANY PART OR PARCEL OF TRACTS OF
5 PRIVATE FOREST LAND, TO PROHIBIT CERTAIN MEANS OF OWNERSHIP ACQUISITION
6 AND TO PROVIDE FOR APPLICATION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 2, Title 5, 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 5-213A, Idaho Code, and to read as follows:
11 5-213A. NO ADVERSE POSSESSION OF ANY PARCEL OF FOREST LAND WITHIN TRACTS
12 -- NO BOUNDARY BY AGREEMENT. (1) For purposes of this section:
13 (a) "Boundary by agreement" means an uncertain or disputed boundary and a
14 subsequent unwritten agreement, either expressed or implied by the sur-
15 rounding circumstances, fixing the boundary;
16 (b) "Forest land" means private land being held and used primarily for
17 the continuous purpose of growing marketable forest tree species which
18 are, or could be at maturity, capable of furnishing raw material used in
19 the manufacture of lumber or other forest products. The term includes land
20 from which forest tree species have been removed but have not yet been
21 restocked, but it does not include land affirmatively converted to uses
22 other than growing of the forest tree species. The term includes only land
23 that is being assessed, appraised and taxed under the provisions of either
24 section 63-1705 or 63-1706, Idaho Code;
25 (c) "Owner" means the person or legal entity that holds the property
26 rights under law to the forest land surface;
27 (d) "Private" means not owned by the federal government, state govern-
28 ment, an Indian tribe or a political subdivision of the state;
29 (e) "Tracts" means one hundred sixty (160) acres or more, whether contig-
30 uous or not, the title to which is held by a common owner.
31 (2) Notwithstanding the provisions of sections 5-203 through 5-213, Idaho
32 Code, inclusive, no person or entity shall have a right to acquire an owner-
33 ship interest in any part or parcel of a tract of private forest land from, or
34 adverse to, the owner of the same as reflected in the records of any county
35 recorder in the state of Idaho, whether by virtue of said statutory provisions
36 or by virtue of the law of adverse possession otherwise applicable in the
37 state of Idaho, except by deed from the owner duly executed and delivered. In
38 addition, the legal doctrine of fixing a boundary by agreement is hereby abol-
39 ished in relation to any part or parcel of tracts of private forest land,
40 except by written instrument duly made and executed by the parties who have
41 the legal right to agree upon such boundary, and who have filed for record
42 with the county recorder of the county in which the land is located.
43 (3) The provisions of this section shall not be applied to divest persons
2
1 or legal entities from legal rights with respect to adverse possession or
2 boundary by agreement which have accrued within four (4) years prior to the
3 effective date of this act provided:
4 (a) The claim of ownership by virtue of adverse possession, or by virtue
5 of the doctrine of boundary by agreement, is documented, within two hun-
6 dred forty (240) days after the effective date of this act, by recording
7 an affidavit which describes the real property with particularity and
8 states the facts supporting said claim, with the county recorder of the
9 county in which the ownership by adverse possession or boundary by agree-
10 ment is asserted to have occurred; and
11 (b) A copy of the affidavit pursuant to subsection (3)(a) of this section
12 is provided, by certified mail, to the record owner of the land being
13 adversely possessed or the record owner of the land which is affected by
14 the asserted boundary by agreement.
15 All claims based upon facts of ownership by adverse possession or boundary by
16 agreement arising before four (4) years prior to passage of this act, and all
17 claims based upon facts giving rise to ownership by adverse possession or
18 boundary by agreement on or after the effective date of this act, shall be
19 null, void and of no effect.
STATEMENT OF PURPOSE
RS 14940
Defining terms to prohibit the ownership acquisition of any part
of parcel of tracts of private land by virtue of the law of
adverse possession or boundary by agreement and to provide for a
limitation of application.
FISCAL NOTE
This bill has no fiscal impact.
Contact
Name: Jane A. Gorsuch, Intermountain Forest Association
Phone: 342-3454
Senator Shawn Keough
STATEMENT OF PURPOSE/FISCAL NOTE S 1111