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SENATE BILL NO. 1310

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Bill Status

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S1310................................................by JUDICIARY AND RULES
REAL PROPERTY - Amends existing law relating to written agreements to
provide requirements for agreements fixing the boundary between adjoining
parcels of real property.
                                                                        
01/26    Senate intro - 1st rdg - to printing
01/27    Rpt prt - to Jud

Bill Text

                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1310
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO WRITTEN AGREEMENTS; AMENDING SECTION 9-505, IDAHO CODE, TO PROVIDE
  3        REQUIREMENTS FOR AGREEMENTS FIXING THE BOUNDARY BETWEEN ADJOINING  PARCELS
  4        OF REAL PROPERTY AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section  9-505,  Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        9-505.  CERTAIN AGREEMENTS TO BE IN WRITING. In the  following  cases  the
  9    agreement  is  invalid, unless the same or some note or memorandum thereof, be
 10    in writing and subscribed by the party charged, or  by  his  agent.  Evidence,
 11    therefore,  of the agreement cannot be received without the writing or second-
 12    ary evidence of its contents:
 13        1.(1)  An agreement that by its terms is not to be performed within a year
 14    from the making thereof.
 15        2.(2)  A special promise to answer for the debt, default or miscarriage of
 16    another, except in the cases provided for in section 9-506, Idaho Code.
 17        3.(3)  An agreement made upon consideration  of  marriage,  other  than  a
 18    mutual promise to marry.
 19        4.(4)  An  agreement  for  the  leasing,  for a longer period than one (1)
 20    year, or for the sale, of real property, or of an interest therein,  and  such
 21    agreement,  if made by an agent of the party sought to be charged, is invalid,
 22    unless the authority of the agent be  in  writing,  subscribed  by  the  party
 23    sought to be charged.
 24        5.(5)  A  promise or commitment to lend money or to grant or extend credit
 25    in an original principal amount of fifty thousand dollars ($50,000)  or  more,
 26    made by a person or entity engaged in the business of lending money or extend-
 27    ing credit.
 28        (6)  An  agreement  fixing  the boundary between adjoining parcels of real
 29    property.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 15689

This amendment to existing code would require that to adversely
possess real property using boundary by agreement (including
boundary by acquiesce) a written agreement fixing the boundary
between adjoining parcels or real property must be provided.



                           FISCAL NOTE

There is no fiscal impact.







Contact
Name: Senator Shawn Keough 
Phone: 332-1000
Senator Hal Bunderson
Representative Jim Clark
Representative Clete Edmunson


STATEMENT OF PURPOSE/FISCAL NOTE             S 1310