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Real Property & Water

Water Rights in Idaho

By Art Macomber and Brooks Schott Water Rights Defined  August, 2017. All waters of the State when flowing in their natural channels, including the waters of all-natural springs and lakes within the boundaries of the state and ground waters of the state, are public waters.[i] The Idaho Constitution guarantees the right to appropriate public waters.[ii]…

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Cracks in the Shield: Tribal sovereign immunity in real property disputes

By Greg George, Attorney Coeur d’Alene, Idaho, [June 20, 2017]. As most landowners know, boundary-line disputes can be a significant risk in owning real property. This is especially true when you buy property outside of platted subdivisions. Such property may not have been surveyed, or old survey pins may have retreated into the ground never…

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Coeur d’Alene Tribal Water: All rights reserved?

By Matthew Blanksma, Legal Intern** Coeur d’Alene, ID — June 12, 2017. If you own, use, or are thinking of acquiring property in North Idaho, you may be affected by an Idaho Court’s recent ruling in the Coeur d’Alene Spokane River Basin Adjudication. The water right you buy with that property may be affected by…

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You Bought It, But Can You Build on It?

Coeur d’Alene, Idaho, May 18, 2017. Imagine: you’ve saved up diligently for years and are now ready to buy that picturesque land out in the country you’ve been yearning for. You make your down payment, sign the papers, get the loan, and everything checks out at closing. Success! Now it’s time to start building that…

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Are You Losing Your Easement?

By Art Macomber, Attorney Coeur d’Alene, Idaho, May 10, 2017. Have you ever considered that if your neighbor doesn’t pay his property taxes and the county or city takes the property you could lose your easement and not be able to drive home for dinner? This is a question now before the Idaho State Supreme…

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