Land Use & Zoning

Video: 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…

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VIDEO: 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…

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Protecting 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…

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Kootenai 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…

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Boundary 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…

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Notice 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…

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Drafting 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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Land Use Regulation in Idaho: Balancing Private Use with Public Power

Sponsored by the ISB Government & Public Sector Lawyers Section (Reciprocal Admission Credit approved) A Presentation to the Idaho State Bar 2013 Annual Meeting, Coeur d’Alene, Idaho July 19, 2013 By Art Macomber, Attorney, Macomber Law, PLLC, Susan Weeks, James, Vernon & Weeks, P.A., and Pat Braden, Kootenai County Prosecutor’s Office, Civil Division Agenda •Macomber: Context of the exercise…

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ABC’s of the ULUC

June 27, 2013, Coeur d’Alene, Idaho Handout for Reagan Republicans Presentation, By Art Macomber, Attorney at Law Materials: Current and proposed Zoning Maps, ULUC Draft v. 4.11.2013, Hayek article. A) Appropriate: The question is whether the proposed ULUC is an appropriate method of governance. I do not think so, based on the following reasons: 1. The…

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