6-201 Actions for Waste
6-202 Actions for Civil Trespass
6-210 Recovery of Damages for Economic Loss Willfully Caused by a Minor
6-211 Trespass On State Lands — Damage Actions
6-212 Damages Recovered Deposited Into Endowment Fund

Terms Used In Idaho Code > Title 6 > Chapter 2 - Waste and Wilful Trespass On Real Property

  • Account: means a contract of deposit of funds between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, share account and other like arrangement;
Idaho Code 15-6-101
  • Administrator: means the administrator, or his designee, for the animal industries division of the Idaho department of agriculture. See Idaho Code 22-4904
  • Agricultural facility: includes , without limitation, any land, building, structure, ditch, drain, pond, impoundment, appurtenance, machinery or equipment that is used in an agricultural operation. See Idaho Code 22-4502
  • Agricultural operation: means an activity or condition that occurs in connection with the production of agricultural products for food, fiber, fuel and other lawful uses, and includes, without limitation:
  • Idaho Code 22-4502
  • Aquaculture: means the husbandry of aquatic plants and animals, both public and private. See Idaho Code 22-4601
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Beef cattle: means slaughter and feeder cattle or dairy heifers that are kept on or contiguous to the animal feeding operation and are owned or controlled by the animal feeding operation. See Idaho Code 22-4904
  • Beef cattle animal feeding operation: means an animal feeding operation which confines the number of slaughter and feeder cattle or dairy heifers as set forth in 40 C. See Idaho Code 22-4904
  • Beneficiary: means a person named in a trust account as one for whom a party to the account is named as trustee;
  • Idaho Code 15-6-101
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Best management practices: means practices, techniques or measures which are determined to be reasonable precautions, are a cost-effective and practicable means of preventing or reducing pollutants from point sources or nonpoint sources to a level compatible with environmental goals, including water quality goals and standards for waters of the state. See Idaho Code 22-4904
  • Commercial channels: means the sale of oilseeds for food, feed, seed, or any industrial or chemurgic use, when sold to any commercial buyer, user, dealer, processor, cooperative, or to any person, public or private, who resells any oilseed or any product produced from oilseed. See Idaho Code 22-4703
  • Commission: means the Idaho oilseed commission. See Idaho Code 22-4703
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Delivery: means placing of oilseed into the primary channels of trade. See Idaho Code 22-4703
  • Department: means the Idaho department of agriculture. See Idaho Code 22-4601
  • Department: means the Idaho department of agriculture. See Idaho Code 22-4904
  • Dependent: A person dependent for support upon another.
  • Director: means the director of the department of agriculture. See Idaho Code 22-4601
  • Director: means the director of the Idaho department of agriculture or his designee. See Idaho Code 22-4904
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Fiduciary: A trustee, executor, or administrator.
  • Financial institution: means any organization authorized to do business under state or federal laws relating to financial institutions, including, without limitation, banks and trust companies, savings banks, building and loan associations, savings and loan companies or associations, and credit unions;
  • Idaho Code 15-6-101
  • First purchaser: means any person, partnership, association, corporation, cooperative, trust, estate, or any and all other business units, devices and arrangements that buy oilseed in this state in the first instance, or any lienholder, public or private, including the commodity credit corporation, who may possess oilseed from the grower under any lien. See Idaho Code 22-4703
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grower: means any landowner, or tenant of the landowner, personally engaged in growing oilseed, or both the owner and tenant jointly, and includes a person, partnership, association, corporation, cooperative, trust, estate, sharecropper, or any and all other business units, devices and arrangements. See Idaho Code 22-4703
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Improper or negligent operation: means that the agricultural operation is not undertaken in conformity with federal, state and local laws and regulations or permits, and adversely affects the public health and safety. See Idaho Code 22-4502
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint account: means an account payable on request to one (1) or more of two (2) or more parties whether or not mention is made of any right of survivorship;
  • Idaho Code 15-6-101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Manure: means animal excrement that may also contain bedding, spilled feed, water or soil. See Idaho Code 22-4904
  • modified: means structural changes and alterations to the wastewater storage containment facility which would require increased storage or containment capacity or such changes which would alter the function of the wastewater storage containment facility. See Idaho Code 22-4904
  • Month: means a calendar month, unless otherwise expressed. See Idaho Code 73-114
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • multiple-party account: is a ny of the following types of account:
  • Idaho Code 15-6-101
  • Noncompliance: means a practice or condition that causes an unauthorized discharge, or a practice or condition, that if left uncorrected, will cause an unauthorized discharge. See Idaho Code 22-4904
  • Nutrient management plan: means a plan prepared in conformance with the nutrient management standard, provisions required by 40 C. See Idaho Code 22-4904
  • Nutrient management standard: means the 1999 publication by the United States department of agriculture, natural resources conservation service, conservation practice standard, nutrient management code 590 or other equally protective standard approved by the director. See Idaho Code 22-4904
  • Oilseed: means seeds produced for use as oil, meal, planting seed, condiment, or other industrial or chemurgic uses. See Idaho Code 22-4703
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means a person who, by the terms of the account, has a present right, subject to request, to payment from a multiple-party account. See Idaho Code 15-6-101
  • person: includes a corporation as well as a natural person;
  • Idaho Code 73-114
  • Person: means an individual, partnership, corporation, company or other business entity and any agent or officer of any partnership, corporation, company or other business entity. See Idaho Code 22-4601
  • Person: means any individual, association, partnership, firm, joint stock company, joint venture, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency or instrumentality, or any legal entity, which is recognized by law as the subject of rights and duties. See Idaho Code 22-4904
  • Personal property: includes money, goods, chattels, things in action, evidences of debt and general intangibles as defined in the uniform commercial code — secured transactions. See Idaho Code 73-114
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Process wastewater: means liquid containing beef cattle manure, process-generated wastewater and any precipitation which comes into direct contact with livestock manure and facility products or byproducts. See Idaho Code 22-4904
  • Proof of death: includes a death certificate or record or report which is prima facie proof of death under section 15-1-107 of this code;
  • Idaho Code 15-6-101
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Request: means a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institutions; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal;
  • Idaho Code 15-6-101
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Sale: includes any pledge, mortgage, or delivery of oilseed for sale after harvest to any person, public or private. See Idaho Code 22-4703
  • Seller: means any person or entity, including growers, who sells oilseed in the first instance. See Idaho Code 22-4703
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Statute: A law passed by a legislature.
  • Sums on deposit: means the balance payable on a multiple-party account including interest, dividends, and in addition any deposit life insurance proceeds added to the account by reason of the death of a party;
  • Idaho Code 15-6-101
  • Trust account: means an account in the name of one (1) or more parties as trustee for one (1) or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account; it is not essential that payment to the beneficiary be mentioned in the deposit agreement. See Idaho Code 15-6-101
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Unauthorized discharge: means a discharge of process wastewater or livestock manure to state surface waters that does not meet the requirements of this chapter or water quality standards. See Idaho Code 22-4904
  • Wastewater storage and containment facilities: means the portion of an animal feeding operation where manure or process wastewater is stored or collected. See Idaho Code 22-4904
  • Waters of the state: means all accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof which are wholly or partially within, which flow through or border upon the state. See Idaho Code 22-4904
  • Withdrawal: includes payment to a third person pursuant to check or other directive of a party. See Idaho Code 15-6-101