§ 31-3806 — CIVIL ACTION TO ENFORCE

(1) If the owner of the property of the person, firm, or corporation filing the subdivision plat, amendment to a subdivision plat, or any other plat or map recognized by the city or county for the division of land fails to comply with section 31-3805, Idaho Code, prior to sale of the lots in the subdivision to purchasers, the owner of the property, or the person or entity filing the subdivision plat, amendment to a subdivision plat, or any other plat or map recognized by the city or county for the division of land shall be liable to any purchaser for all costs required to bring each subdivision lot into compliance with section 31-3805. The purchaser shall have a right to enforce this obligation in a civil action.
(2) In any civil action filed under this section, the prevailing party shall be awarded its reasonable costs and attorney’s fees. The purchaser and irrigation entity shall have two (2) years from the date of discovery of the violation to initiate any legal action.

Legislative History

[31-3806, added 1990, ch. 365, sec. 3, p. 998; am. 1996, ch. 51, sec. 2, p. 153; am. 1996, ch. 399, sec. 2, p. 1332; am. 1997, ch. 148, sec. 2, p. 425; am. 2025, ch. 129, sec. 8, p. 668.]