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S1311................................................by JUDICIARY AND RULES
REAL PROPERTY - Amends existing law relating to limitations of actions to
revise conditions under which actions to recover real property or
possession of real property can be maintained; to revise conditions under
which actions or defense to actions arising out of claims to title or rents
or profits can be effectual; to revise exception provisions relating to
constructive possession; to revise conditions relating to adverse
possession of property under written claims of title; to revise conditions
relating to adverse possession of property under oral claims to title; to
revise conditions relating to presumptions regarding possession as between
tenants and landlords; and to revise conditions relating to the tolling of
statutes of limitations involving persons under certain disabilities.
01/26 Senate intro - 1st rdg - to printing
01/27 Rpt prt - to Jud
02/02 Rpt out - rec d/p - to 2nd rdg
02/03 2nd rdg - to 3rd rdg
02/06 3rd rdg - PASSED - 34-1-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- Little
Absent and excused -- None
Floor Sponsors - Keough & Bunderson
Title apvd - to House
02/07 House intro - 1st rdg - to Jud
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 61-2-7
AYES -- Anderson, Andrus, Barraclough, Barrett, Bayer, Bedke, Bell,
Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon,
Clark, Collins, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Kemp,
LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller,
Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring,
Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
Stevenson, Trail, Wills, Mr. Speaker
NAYS -- Lake, Moyle
Absent and excused -- Bastian, Black, Crow, Deal, Jaquet, Snodgrass,
Wood
Floor Sponsors - Clark & Edmunson
Title apvd - to Senate
03/17 To enrol
03/20 Rpt enrol - Pres signed - Sp signed
03/21 To Governor
03/22 Governor signed
Session Law Chapter 158
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1311
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO LIMITATIONS OF ACTIONS; AMENDING SECTION 5-203, IDAHO CODE, TO
3 REVISE CONDITIONS UNDER WHICH ACTIONS TO RECOVER REAL PROPERTY OR POSSES-
4 SION OF REAL PROPERTY CAN BE MAINTAINED AND TO MAKE A TECHNICAL CORREC-
5 TION; AMENDING SECTION 5-204, IDAHO CODE, TO REVISE CONDITIONS UNDER WHICH
6 ACTIONS OR DEFENSE TO ACTIONS ARISING OUT OF CLAIMS TO TITLE OR RENTS OR
7 PROFITS CAN BE EFFECTUAL; AMENDING SECTION 5-206, IDAHO CODE, TO REVISE
8 EXCEPTION PROVISIONS RELATING TO CONSTRUCTIVE POSSESSION AND TO MAKE A
9 TECHNICAL CORRECTION; AMENDING SECTION 5-207, IDAHO CODE, TO REVISE CONDI-
10 TIONS RELATING TO ADVERSE POSSESSION OF PROPERTY UNDER WRITTEN CLAIMS OF
11 TITLE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 5-210, IDAHO
12 CODE, TO REVISE CONDITIONS RELATING TO ADVERSE POSSESSION OF PROPERTY
13 UNDER ORAL CLAIMS TO TITLE; AMENDING SECTION 5-211, IDAHO CODE, TO REVISE
14 CONDITIONS RELATING TO PRESUMPTION REGARDING POSSESSION AS BETWEEN TENANTS
15 AND LANDLORDS AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION
16 5-213, IDAHO CODE, TO REVISE CONDITIONS RELATING TO THE TOLLING OF STAT-
17 UTES OF LIMITATION INVOLVING PERSONS UNDER CERTAIN DISABILITIES AND TO
18 MAKE A TECHNICAL CORRECTION.
19 Be It Enacted by the Legislature of the State of Idaho:
20 SECTION 1. That Section 5-203, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 5-203. ACTION TO RECOVER REALTY. No action for the recovery of real prop-
23 erty, or for the recovery of the possession thereof, can be maintained, unless
24 it appears that the plaintiff, his ancestor, predecessor or grantor, was
25 seized or possessed of the property in question within five twenty (20) years
26 before the commencement of the action; and this section includes possessory
27 rights to lands and mining claims.
28 SECTION 2. That Section 5-204, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 5-204. ACTION ARISING OUT OF CLAIM TO TITLE OR RENTS OR PROFITS. No cause
31 of action, or defense to an action, arising out of the title to real property,
32 or to rents or profits out of the same, can be effectual unless it appears
33 that the person prosecuting the action, or making the defense, or under whose
34 title the action is prosecuted or the defense is made, or the ancestor, prede-
35 cessor or grantor, of such person, was seized or possessed of the premises in
36 question within five twenty (520) years before the commencement of the act in
37 respect to which such action is prosecuted or defense made.
38 SECTION 3. That Section 5-206, Idaho Code, be, and the same is hereby
39 amended to read as follows:
2
1 5-206. CONSTRUCTIVE POSSESSION. In every action for the recovery of real
2 property, or the possession thereof, a person establishing a legal title to
3 the property is presumed to have been possessed thereof within the time
4 required by law, and the occupation of the property by another person is
5 deemed to have been under and in subordination to the legal title, unless it
6 appears that the property has been held and possessed adversely to such legal
7 title, for five twenty (520) years before the commencement of the action.
8 SECTION 4. That Section 5-207, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 5-207. POSSESSION UNDER WRITTEN CLAIM OF TITLE. When it appears that the
11 occupant, or those under whom he claims, entered into the possession of the
12 property under claim of title, exclusive of other right, founding such claim
13 upon a written instrument, as being a conveyance of the property in question,
14 or upon the decree or judgment of a competent court, and that there has been a
15 continued occupation and possession of the property included in such instru-
16 ment, decree or judgment, or of some part of the property under such claim,
17 for five twenty (520) years, the property so included is deemed to have been
18 held adversely except that when it consists of a tract divided into lots, the
19 possession of one (1) lot is not deemed a possession of any other lot of the
20 same tract.
21 SECTION 5. That Section 5-210, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 5-210. ORAL CLAIM -- POSSESSION DEFINED -- PAYMENT OF TAXES. For the pur-
24 pose of constituting an adverse possession, by a person claiming title not
25 founded upon a written instrument, judgment or decree, land is deemed to have
26 been possessed and occupied in the following cases only:
27 (1) Where it has been protected by a substantial enclosure.
28 (2) Where it has been usually cultivated or improved.
29 Provided, however, that in no case shall adverse possession be considered
30 established under the provisions of any sections of this code unless it shall
31 be shown that the land has been occupied and claimed for the period of five
32 twenty (520) years continuously, and the party or persons, their predecessors
33 and grantors, have paid all the taxes, state, county or municipal, which have
34 been levied and assessed upon such land according to law. Provided further,
35 that adverse possession shall not be considered established under the provi-
36 sions of any sections of this code if a written instrument has been recorded
37 in the real estate records kept by the county recorder of the county in which
38 the property is located and such written instrument declares that it was not
39 the intent of a party to such instrument, by permitting possession or occupa-
40 tion of real property, to thereby define property boundaries or ownership.
41 Provided further, that for purposes of establishing adverse possession pursu-
42 ant to this section, a person claiming adverse possession must present clear
43 and convincing evidence that the requirements of subsection (1) or (2) of this
44 section have been met.
45 SECTION 6. That Section 5-211, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 5-211. POSSESSION OF TENANT -- PRESUMPTIONS. When the relation of land-
48 lord and tenant has existed between any persons, the possession of the tenant
49 is deemed the possession of the landlord until the expiration of five twenty
3
1 (520) years from the termination of the tenancy, or, where there has been no
2 written lease, until the expiration of five twenty (520) years from the time
3 of the last payment of rent, notwithstanding that such tenant may have
4 acquired another title, or may have claimed to hold adversely to his landlord.
5 But such presumptions can not cannot be made after the periods herein limited.
6 SECTION 7. That Section 5-213, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 5-213. PERSONS UNDER DISABILITIES -- RECOVERY OF REAL PROPERTY. If a per-
9 son entitled to commence an action for the recovery of real property, or for
10 the recovery of the possession thereof, or to make any entry or defense
11 founded on the title to real property, or to rents or services out of the
12 same, be at the time such title first descends or accrues, either:
13 1. Within the age of majority; or,
14 2. Insane; or,
15 3. Imprisoned on a criminal charge, or in execution, upon conviction of a
16 criminal offense, for a term less than for life; or,
17 4. A married woman, and her husband be a necessary party with her in com-
18 mencing such action or making such entry or defense;.
19 The term during which such disability continues is not deemed any portion
20 of the time in this title limited for the commencement of such action or the
21 making of such entry or defense, but such action may be commenced, or entry or
22 defense made, within the period of five twenty (20) years after such disabil-
23 ity shall cease, or after the death of the person entitled who shall die under
24 such disability; but such action shall not be commenced or entry or defense
25 made after that period.
STATEMENT OF PURPOSE
RS 15696
This amendment to existing code extends the time required to
adversely possess real property from five (5) years to twenty
(20) years.
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 1311