Land Use & Zoning
Quirky Roads: City Streets and Country Roads. Part II
So, you found your dream home! You sign the purchase and sale agreement and deposit the earnest money. When you hear from your real estate agent of a competing urbanite who expressed interest in the parcel, you breathe easy knowing it is “your place.” Ten days later, the title insurance commitment arrives – twenty-three pages…
Read MoreQuirky Roads: City Streets and Country Roads, Part I
Urban refugees from crowded city streets, pandemic-based fears, and racially charged violence give in to the temptation to “leave it all behind” and move to more rural states. Eastern Washington, Idaho, and Montana are favorite destinations for the exodus. And why not? The cost of living is lower –$350,000 buys a house – an actual house…
Read MoreVIDEO: When Property is Sold, Do Easements Transfer to the New Owners?
Hi! My name is Greg George. I’m an attorney with Bristol George. This video addresses the question, “When a property is sold, do easements transfer to the new owners?” The short answer is, it depends. Whether an easement transfers to new owners of the land depends on the type of easement. Generally speaking, there are…
Read MoreVIDEO: What is an easement for ingress and egress?
First, let’s define easement: An easement is the legal right to cross over someone else’s land. Owners, particularly landowners in rural areas, often require an easement to access their land. In other words, without an easement, many parcels would be landlocked. Easement for ingress and egress is a fancy way of saying that an…
Read MoreVIDEO: Can you terminate an easement?
As you know, an easement is a right to cross over someone else’s property. To the question, “Can you terminate an easement?” the short answer is, “Yes, easements can be terminated.” There are four ways an easement can be terminated: By Expiration By Agreement By Abandonment Via Doctrine of Merger By Expiration Some easements are…
Read MoreProtecting your property from trespassers
By Art Macomber, Managing Attorney October 9, 2017. People who own larger acreages should be concerned about trespassers and squatters. In Idaho, even if your property is fenced, care should be taken to give notice to hunters, fisherman, and hikers when they are crossing onto your property. Landowners have to post No Trespassing signs every…
Read MoreKootenai County Comprehensive Plan Update – 2015
COEUR D’ALENE, Idaho – February 23, 2015. At a public meeting of the Kootenai County Board of Commissioners today there was discussion regarding the so-called “technical fix” to the land-use ordinances, plus discussion over whether a comprehensive plan update should be undertaken. Both are now to be undertaken in the order mentioned in the previous…
Read MoreBoundary Dispute Supplemental Decree: U.S. v. California
by Art Macomber COEUR D’ALENE, Idaho – December 19, 2014. The United States Supreme Court on joint motion of the United States and the State of California issued its sixth Supplemental Decree since 1947 related to the submerged lands boundary between the jurisdiction of that State and the United States “addressing the entitlement of the…
Read MoreNotice to Idaho Landowners
October 6, 2014 NOTICE TO IDAHO LANDOWNERS Re: Amended statute and IDAPA proposed rule increases forest lands assessments Dear Landowner, The Idaho Rules of Administrative Procedure of the Idaho Forest Products Commission found at IDAPA 15.03.01 will dramatically change under the proposed rules. The rule changes originated in the 2014 Legislative Session in Idaho House…
Read MoreDrafting land-use code: What law governs?
By ARTHUR MACOMBER The first draft of Kootenai County’s Unified Land Use Code (ULUC) is complete. Its 477 pages raise significant concerns. This column discusses the legal power exercised to create it. In subsequent columns, I will discuss its features, and offer suggestions. States do not have rights, they have powers. Kootenai County exercises the…
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