Idaho § 43-1105 SURVEY OF LAND TO BE EXCLUDED

Idaho Statutes

§ 43-1105 — SURVEY OF LAND TO BE EXCLUDED

Idaho § 43-1105

Title 43IRRIGATION DISTRICTS

Ch. 11EXCLUSION OF LANDS FROM DISTRICT

This text of Idaho § 43-1105 (SURVEY OF LAND TO BE EXCLUDED) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 43-1105 (2026).

Text

The board of directors may cause any survey to be made it deems necessary for the purpose of determining the change in the district by reason of an exclusion or proposed exclusion. In any case where the land is excluded on the ground that it is too high to receive any benefit from the irrigation works of said district without pumping by the landowner, the cost of all surveys shall be borne by the irrigation district. The board may not, however, require a survey when the land sought to be excluded lies entirely within a subdivision as defined in section 50-1301, Idaho Code. If the land described in the petition is described in accordance with the public survey or in accordance with a plat approved, filed and recorded as provided by law, the cost of survey shall be borne by the district.

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The board of directors may cause any survey to be made it deems necessary for the purpose of determining the change in the district by reason of an exclusion or proposed exclusion. In any case where the land is excluded on the ground that it is too high to receive any benefit from the irrigation works of said district without pumping by the landowner, the cost of all surveys shall be borne by the irrigation district. The board may not, however, require a survey when the land sought to be excluded lies entirely within a subdivision as defined in section 50-1301, Idaho Code. If the land described in the petition is described in accordance with the public survey or in accordance with a plat approved, filed and recorded as provided by law, the cost of survey shall be borne by the district.

Legislative History

[(43-1105) 1905, p. 220, sec. 2; reen. R.C., sec. 2435; am. 1911, ch. 46, sec. 2, first part of subd. sec. 2435, p. 102; reen. C.L., sec. 2435; C.S., sec. 4423; I.C.A., sec. 42-1102; am. 1971, ch. 254, sec. 1, p. 1028; am. 1972, ch. 325, sec. 4, p. 804; am. and redesignated, 1990, ch. 181, sec. 5, p. 390.]