T6CH2

Title 6 > T6CH2

Sections (5)

6-201

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 2 WASTE AND WILFUL TRESPASS ON REAL PROPERTY 6-201. Actions for waste. If a guardian, tenant for life or years, joint tenant or tenant in common of real property, commit waste thereon, any person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for treble damages. History: [(6-201) C.C.P. 1881, sec. 472; R.S., R.C., & C.L., sec. 4530; C.S., sec. 6957; I.C.A., sec. 9-201.]

6-202

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 2 WASTE AND WILFUL TRESPASS ON REAL PROPERTY 6-202. Actions for civil trespass. (1) Definitions. As used in this section: (a) Crops means field crops including, but not limited to, grains, feed crops, legumes, fruits and vegetables. (b) Cultivated land means: (i) Land whose soil is loosened or broken up for the raising of crops; (ii) Land used for the raising of crops; or (iii) Pasturage that is artificially irrigated. (c) Damage means any injury or damage to real or personal property and includes, but is not limited to, any of the following actions, when conducted without lawful authority, the consent of the landowner or his agent, or a valid license: (i) Cutting down or carrying off any wood, underbrush, tree or timber, or girdling or otherwise injuring any tree or timber on the land of another; (ii) Severing from the property of another anything attached thereto, or the produce thereof; (iii) Digging, taking or carrying away any earth, soil or stone from the property of another; (iv) Tearing down or otherwise damaging any fence on the land of another, or opening any gate, bar or fence of another and leaving it open, or using the corral or corrals of another; (v) Dumping trash or covering up in any manner the property of another; (vi) The unprovoked, intentional killing or injuring of a domestic animal of another on his property; (vii) Removing, mutilating, damaging or destroying any no trespassing signs or markers of similar meaning; (viii) Going through or driving a motor vehicle, as defined in sections 49-114 and 49-123 , Idaho Code, into, upon, over or through any cultivated lands; or (ix) Injuring or killing livestock. (d) Enter or enters means going upon or over real property either in person or by causing any object, substance or force to go upon or over real property. (e) Navigable streams shall have the meaning set forth in section 36-1601 , Idaho Code. (f) Permission means written authorization from the owner or his agent to enter upon private land, which shall include the signature of the owner or his agent, the name of the person being given permission, the appropriate dates that the permission is valid and a general description of the property; or another form of permission or invitation recognized by law. (g) Remains means to fail to depart from the real property of another immediately when notified to do so by the owner or his agent. (2)(a) Acts constituting civil trespass. Any person who enters or remains upon the real property of another person without permission commits a civil trespass. (b) Acts constituting civil trespass with damage. A person commits a civil trespass with damage when he enters or remains on the real property of another without permission, knowing or with reason to know that his presence is not permitted, and causes damage to real or personal property in excess of one thousand dollars ($1,000). A person has reason to know that his presence is not permitted on real

6-210

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 2 WASTE AND WILFUL TRESPASS ON REAL PROPERTY 6-210. Recovery of damages for economic loss willfully caused by a minor. (1) Any person shall be entitled to recover damages in an amount not to exceed two thousand five hundred dollars ($2,500) in a court of competent jurisdiction from the parents of any minor, under the age of eighteen (18) years, living with the parents, who shall willfully cause economic loss to such person, except as otherwise provided in section 49-310 , Idaho Code. Person means any municipal corporation, county, city school district, or any individual, partnership, corporation or association, or any religious organization, whether incorporated or unincorporated. (2) Economic loss shall include but not be limited to the value of property, as that term is defined in section 18-2402 (8), Idaho Code, taken, destroyed, broken or otherwise harmed, lost wages and direct out-of-pocket losses or expenses such as medical expenses resulting from the minor’s willful conduct, but shall not include less tangible damage such as pain and suffering, wrongful death or emotional distress. (3) As used in this section, parents shall mean any persons or entities who have legal custody of the minor, or any persons or entities who are licensed to accept children for child care under chapter 12, title 39 , Idaho Code. Legal custody shall be as that term is defined in section 16-2002 , Idaho Code. (4) In the event the parents are providing foster care for the minor at the time of the minor’s willful act, and the parents are licensed pursuant to chapter 12, title 39 , Idaho Code, and the minor is in the legal custody of the department of health and welfare, any person is entitled to recover damages in a court of competent jurisdiction within the above stated limits. Such recovery shall be insured by the state of Idaho. History: [6-210, added 1957, ch. 32, sec. 1, p. 51; am. 1977, ch. 55, sec. 1, p. 106; am. 1987, ch. 257, sec. 1, p. 522; am. 1990, ch. 81, sec. 1, p. 163; am. 1991, ch. 168, sec. 1, p. 408; am. 2005, ch. 391, sec. 1, p. 1263; am. 2020, ch. 82, sec. 1, p. 175.]

6-211

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 2 WASTE AND WILFUL TRESPASS ON REAL PROPERTY 6-211. Trespass on state lands — Damage actions. Any person who cuts down or carries off any wood, trees, or timber or removes top soil from, or dumps trash or debris on, any land belonging to the State of Idaho without lawful authority is liable to the State of Idaho for treble the amount of damages, which amount may be recovered in a civil action therefor. History: [6-211, added 1949, ch. 105, sec. 1, p. 194.]

6-212

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 2 WASTE AND WILFUL TRESPASS ON REAL PROPERTY 6-212. Damages recovered deposited into endowment fund. Any moneys so recovered shall in each instance be deposited in the endowment fund in which would be deposited the proceeds of the sale of the lands damaged were such lands sold by the State of Idaho. History: [6-212, added 1949, ch. 105, sec. 2, p. 194.]