Section 7-1301 – SHORT TITLE.
7-1301. SHORT TITLE. This chapter shall be known as the "Judicial Confirmation Law." History: [7-1301, added 1988, ch. 219, sec. 1, p. 414.]
Section 7-1302 – LEGISLATIVE DECLARATION.
7-1302. LEGISLATIVE DECLARATION. The legislature of the state of Idaho determines, finds and declares in connection with this chapter: (1) An early judicial examination into and determination of the validity of the power of any political subdivision to issue bonds or obligations and execute any agreements or security instruments therefor promotes the health, safety and […]
Section 7-1303 – DEFINITIONS.
7-1303. DEFINITIONS. Except where the context otherwise requires, the definitions in this section govern the construction of the judicial confirmation law. All other words should be given their ordinary and customary meaning. (1) "Agreement" means any agreement or contract between a political subdivision and individuals, corporations, or any other political subdivision or public agency as […]
Section 7-1304 – PETITION FOR JUDICIAL EXAMINATION AND DETERMINATION OF VALIDITY OF BOND, OBLIGATION, AGREEMENT, OR SECURITY INSTRUMENT — FACTS — VERIFICATION — PUBLIC HEARING.
7-1304. PETITION FOR JUDICIAL EXAMINATION AND DETERMINATION OF VALIDITY OF BOND, OBLIGATION, AGREEMENT, OR SECURITY INSTRUMENT — FACTS — VERIFICATION — PUBLIC HEARING. (1) In its discretion the governing body of a political subdivision may file or cause to be filed a petition at any time in the judicial district court in and for the […]
Section 7-1305 – ACTION IN NATURE OF PROCEEDINGS IN REM — JURISDICTION OF PARTIES.
7-1305. ACTION IN NATURE OF PROCEEDINGS IN REM — JURISDICTION OF PARTIES. The action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication and posting, as provided in this chapter. History: [7-1305, added 1988, ch. 219, sec. 1, p. 416.]
Section 7-1306 – NOTICE OF FILING OF PETITION — CONTENTS — SERVICE BY PUBLICATION AND POSTING.
7-1306. NOTICE OF FILING OF PETITION — CONTENTS — SERVICE BY PUBLICATION AND POSTING. (1) Notice of the filing of the petition shall be given by the clerk of the court, under the seal thereof, stating in brief outline the contents of the petition and showing where a full copy of any instrument therein mentioned […]
Section 7-1307 – OWNER OF PROPERTY OR INTERESTED PARTY MAY MOVE TO DISMISS OR ANSWER — EFFECT OF FAILURE TO APPEAR.
7-1307. OWNER OF PROPERTY OR INTERESTED PARTY MAY MOVE TO DISMISS OR ANSWER — EFFECT OF FAILURE TO APPEAR. (1) Any owner of property, taxpayer, elector or rate payer, in the political subdivision or any other person interested in the bond, obligation or agreements or security instrument related thereto, or otherwise interested in the premises […]
Section 7-1308 – HEARING — FINDINGS — JUDGMENT AND DECREE — COSTS — ENTITLEMENT TO RELIEF.
7-1308. HEARING — FINDINGS — JUDGMENT AND DECREE — COSTS — ENTITLEMENT TO RELIEF. (1) The filing of the petition and publication and posting of the notice as provided in section 7-1306, Idaho Code, shall be sufficient to give the court jurisdiction, and upon hearing the court shall examine into and determine all matters and […]
Section 7-1309 – APPEAL OF JUDGMENT — TIME FOR APPLICATION.
7-1309. APPEAL OF JUDGMENT — TIME FOR APPLICATION. Appeal of the judgment of the court may be had as in other civil cases, except that such appeal must be filed within forty-two (42) days after the time of the rendition of such judgment. History: [7-1309, added 1988, ch. 219, sec. 1, p. 417; am. 1989, […]
Section 7-1310 – APPLICABILITY OF IDAHO RULES OF CIVIL PROCEDURE — EARLY HEARINGS.
7-1310. APPLICABILITY OF IDAHO RULES OF CIVIL PROCEDURE — EARLY HEARINGS. (1) The Idaho rules of civil procedure shall govern in matters of pleadings and practice where not otherwise specified herein. (2) The court shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties. (3) All cases in […]
Section 7-1311 – EFFECT OF CHAPTER.
7-1311. EFFECT OF CHAPTER. (1) This chapter, without reference to other statutes of this state, except as otherwise expressly provided in this chapter, shall constitute full authority for the exercise of the powers herein granted. (2) The powers conferred by this chapter shall be in addition and supplemental to, and not in substitution for, and […]
Section 7-1312 – SEVERABILITY.
7-1312. SEVERABILITY. If any provisions of this act or its application to any person, political subdivision, or circumstance is held invalid, the remainder of the act or the application of the provision to other persons, political subdivisions or circumstances is not affected. History: [7-1312, added 1988, ch. 219, sec. 1, p. 417.]
Section 7-1313 – ATTORNEY FEES.
7-1313. ATTORNEY FEES. Whenever a court shall determine that a political subdivision is not entitled to the relief sought or that this chapter has not been substantially complied with and enters a judgment denying the petition, the court shall award reasonable attorney fees to any owner of property, taxpayer, qualified elector or rate payor or […]