Terms Used In Idaho Code > Title 50
- Access to video service: means the capability of a video service provider to provide video service at a household address irrespective of whether a subscriber has ordered the service or whether the service is actually provided at the address. See Idaho Code 50-3002
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appraisal: A determination of property value.
- Arrest: Taking physical custody of a person by lawful authority.
- Assessment area: means real property within the boundaries of a community infrastructure district that is the subject of a specific special assessment as set forth in this chapter. See Idaho Code 50-3102
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- base assessment roll: means the equalized assessment rolls, for all classes of taxable property, on January 1 of the year in which the local governing body of an authorized municipality passes an ordinance adopting or modifying an urban renewal plan containing a revenue allocation financing provision, except that the base assessment roll shall be adjusted as follows: the equalized assessment valuation of the taxable property in a revenue allocation area as shown upon the base assessment roll shall be reduced by the amount by which the equalized assessed valuation as shown on the base assessment roll exceeds the current equalized assessed valuation of any taxable property located in the revenue allocation area, and by the equalized assessed valuation of taxable property in such revenue allocation area that becomes exempt from taxation subsequent to the date of the base assessment roll. See Idaho Code 50-2903
- 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
- Bequest: Property gifted by will.
- Board of directors: means the board of directors of a public corporation. See Idaho Code 50-2702
- Budget: means an annual estimate of revenues and expenses for the following fiscal year of the agency. See Idaho Code 50-2903
- Business: means all types of business, including vacant structures, common areas, and lots within the district, and including professions. See Idaho Code 50-2602
- Cable service: has the meaning ascribed to it in 47 U. See Idaho Code 50-3002
- Certificate of franchise authority: means a certificate issued by the Idaho secretary of state to a video service provider pursuant to the provisions of this chapter. See Idaho Code 50-3002
- Chapter: means chapter 30, title 50, Idaho Code. See Idaho Code 50-3002
- Clerk: means the clerk of the municipality. See Idaho Code 50-2903
- Communication service: means the transmission of intelligence by electrical means, including, but not limited to telephone, telegraph, messenger-call, clock, police, fire alarm and traffic control circuits or the transmission of standard television or radio signals. See Idaho Code 50-2502
- Community infrastructure: means improvements that have a substantial nexus to the district and directly or indirectly benefit the district. See Idaho Code 50-3102
- Competitively disadvantaged border community area: means a parcel of land consisting of at least forty (40) acres which is situated within the jurisdiction of a county or an incorporated city and within twenty-five (25) miles of a state or international border, which the governing body of such county or incorporated city has determined by ordinance is disadvantaged in its ability to attract business, private investment, or commercial development, as a result of a competitive advantage in the adjacent state or nation resulting from inequities or disparities in comparative sales taxes, income taxes, property taxes, population or unique geographic features. See Idaho Code 50-2903
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- construct: means construction and acquisition, whether by devise, purchase, gift, lease or otherwise. See Idaho Code 50-2702
- Continuance: Putting off of a hearing ot trial until a later time.
- conversion: means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. See Idaho Code 50-2502
- Conviction: A judgement of guilt against a criminal defendant.
- Debt service: means the principal of, interest on and premium, if any, on the bonds, when due, whether at maturity or prior redemption and fees and costs of registrars, trustees, paying agents or other agents necessary to handle the bonds and the costs of credit enhancement or liquidity support. See Idaho Code 50-3102
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dependent: A person dependent for support upon another.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Deteriorated area: means :
Idaho Code 50-2903
Devise: To gift property by will. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. District: means a community infrastructure district formed pursuant to this chapter. See Idaho Code 50-3102 District board: means the board of directors of the district. See Idaho Code 50-3102 District development agreement: means an agreement between a property owner or developer, the county or city, any other political subdivision of the state, and/or the district. See Idaho Code 50-3102 Docket: A log containing brief entries of court proceedings. Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Escrow: Money given to a third party to be held for payment until certain conditions are met. Facilities: means land, rights in land, buildings, structures, machinery, landscaping, extension of utility services, approaches, roadways and parking, handling and storage areas, and similar auxiliary and related facilities. See Idaho Code 50-2903 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Financing document: means a lease, sublease, installment sale agreement, conditional sale agreement, loan agreement, mortgage, deed of trust guaranty agreement or other agreement for the purpose of providing funds to pay or secure, debt service on revenue bonds. See Idaho Code 50-2702 Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Franchise: has the meaning ascribed to it in 47 U. See Idaho Code 50-3002 Franchising entity: means the state of Idaho or a city or county within the state of Idaho authorized by state or federal law to grant a franchise. See Idaho Code 50-3002 General election: means the election held on the first Tuesday succeeding the first Monday in November in each odd-numbered year at which there shall be chosen all mayors and councilmen as are by law to be elected in such years. See Idaho Code 50-402 General plan: means the general plan described in section 50-3103(1), Idaho Code, as the plan may be amended from time to time. See Idaho Code 50-3102 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing body: means the county commissioners or city council that by law is constituted as the governing body of the county or city in which the district is located. See Idaho Code 50-3102 Governing body: means the board of county commissioners or mayor and council or board of directors as may be appropriate depending on whether the improvement district is located in a county or within a city. See Idaho Code 50-2502 Governing body: means the city council or the board of county commissioners of a political subdivision. See Idaho Code 50-3002 governing body or bodies: shall mean the governing body or bodies of each county and city in which the district is located. See Idaho Code 50-3102 Improvement: means reconstruction, remodeling, rehabilitation, extension, and enlargement, and "to improve" means to reconstruct, to remodel, to rehabilitate, to extend, and to enlarge. See Idaho Code 50-2702 Increment value: means the total value calculated by summing the differences between the current equalized value of each taxable property in the revenue allocation area and that property’s current base value on the base assessment roll, provided such difference is a positive value. See Idaho Code 50-2903 Incumbent cable service provider: means a person who provides cable service and holds a franchise issued by a franchising entity prior to July 1, 2012. See Idaho Code 50-3002 Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes. Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Joint resolution: A legislative measure which requires the approval of both chambers. Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together. 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 Legislative authority: means the legislative authority of any city. See Idaho Code 50-2602 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. Local governing body: means the city council or board of county commissioners of a municipality. See Idaho Code 50-2903 Local unit of government: means a city, county, highway district or other governmental entity of the state of Idaho having maintenance and operation responsibility over the public rights-of-way within a geographical area for which a franchise or certificate of franchise authority has been issued by a franchising entity. See Idaho Code 50-3002 Market value for assessment purposes: means the amount of the last preceding equalized assessment of all taxable property and excludes all property exempt from taxation pursuant to section 63-602G, Idaho Code, within the community infrastructure district on the tax rolls completed and available as of the date of approval in the district bond issuance. See Idaho Code 50-3102 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. Mortgagee: The person to whom property is mortgaged and who has loaned the money. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. Municipality: means a city or county of this state. See Idaho Code 50-2702 municipality: means any county or incorporated city which has established an urban renewal agency, or by ordinance has identified and created a competitively disadvantaged border community. See Idaho Code 50-2903 Nonincumbent video service provider: means :
Idaho Code 50-3002
Oath: A promise to tell the truth. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Ordinance: shall be construed to mean resolution where the governing body properly acts by resolution and vice versa. See Idaho Code 50-2502 Ordinance: means any appropriate method of taking official action or adopting a legislative decision by any municipality, whether known as a resolution, ordinance or otherwise. See Idaho Code 50-2702 Owner: means the person listed as the owner of real property within the district or a proposed district on the current property rolls in effect at the time that the action, proceeding, hearing or election has begun; provided however, that if a person listed on the property rolls is no longer the owner of real property within the district or a proposed district and the name of the successor owner becomes known and is verified by recorded deed or other similar evidence of transfer of ownership, the successor owner shall be deemed to be the owner for the purposes of this chapter. See Idaho Code 50-3102 Person: means any entity, individual, corporation, partnership, firm, association, limited liability company, limited liability partnership, trust or other such entities as recognized by the state of Idaho. See Idaho Code 50-3102 person in interest: is a ny person who is a qualified elector in the district, who is an owner of real property in the district or who is a real property taxpayer in the district. See Idaho Code 50-3102 Plaintiff: The person who files the complaint in a civil lawsuit. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Political subdivision: means a city or county of the state of Idaho. See Idaho Code 50-3002 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Probate: Proving a will Project costs: includes , but is not limited to:
Idaho Code 50-2903
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. Public rights-of-way: means the area on, below or above a public roadway, highway, street, public sidewalk, alley, waterway or utility easement dedicated for compatible uses. See Idaho Code 50-3002 Public utility: means any one or more, public or private persons or corporations that provide electric or communication service to the public by means of electric or communication facilities and shall include any city, special district, or public corporation that provides electric or communication service to the public by means of electric or communication facilities. See Idaho Code 50-2502 Qualified elector: means a person who possesses all of the qualifications required of electors under the general laws of the state of Idaho and:
Idaho Code 50-3102
qualified elector: means any person who is at least eighteen (18) years of age, is a United States citizen and who has resided in the city at least thirty (30) days next preceding the election at which he desires to vote and who is registered within the time period provided by law. See Idaho Code 50-402 Quorum: The number of legislators that must be present to do business. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Remand: When an appellate court sends a case back to a lower court for further proceedings. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Revenue allocation area: means that portion of an urban renewal area or competitively disadvantaged border community area where the equalized assessed valuation (as shown by the taxable property assessment rolls) of which the local governing body has determined, on and as a part of an urban renewal plan, is likely to increase as a result of the initiation of an urban renewal project or competitively disadvantaged border community area. See Idaho Code 50-2903 Revenue bond: means a nonrecourse revenue bond, nonrecourse revenue note or other nonrecourse revenue obligation issued for the purpose of financing an industrial development facility on an interim or permanent basis. See Idaho Code 50-2702 seal: includes an impression of such seal upon the paper, alone, as well as upon wax or a wafer affixed thereto; or, alternatively, the seal may be the mark of a rubber stamp providing substantially the same information as the impression. See Idaho Code 73-111 Service area: means contiguous geographical territory in the state of Idaho within which territory a video service provider is authorized to provide video service pursuant to a certificate of franchise authority. See Idaho Code 50-3002 Service tier: means a category of video service provided by a video service provider to a subscriber and for which a separate rate is charged by the video service provider. See Idaho Code 50-3002 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. Special assessment: means an assessment imposed upon real property located within an assessment area for a specific purpose and of a special benefit to the affected property, collected and enforced in the same manner as property taxes, that may be apportioned according to the direct or indirect special benefits conferred upon the affected property, as well as any or any combination of the following: acreage, square footage, front footage, the cost of providing community infrastructure for the affected property, or any other reasonable method as determined by the district board. See Idaho Code 50-3102 State: means the state of Idaho. See Idaho Code 50-2903 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Subscriber: means any person in this state who purchases video service. See Idaho Code 50-3002 Summons: Another word for subpoena used by the criminal justice system. System operator: means any person or group of persons who provide video service and directly, or through one (1) or more affiliates, own a significant interest in the system or facilities through which the video service is provided and which person has been issued a certificate of franchise authority pursuant to the provisions of this chapter. See Idaho Code 50-3002 Taxable property: means taxable real property, personal property, operating property, or any other tangible or intangible property included on the equalized assessment rolls. See Idaho Code 50-2903 taxes: means all property tax levies upon taxable property. See Idaho Code 50-2903 Taxing district: means a taxing district as defined in section 63-201, Idaho Code, as that section now exists or may hereafter be amended. See Idaho Code 50-2903 Termination date: means a specific date no later than twenty (20) years from the effective date of an urban renewal plan or as described in section 50-2904, Idaho Code, on which date the plan shall terminate. See Idaho Code 50-2903 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. this act: means this revenue allocation act. See Idaho Code 50-2903 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. urban renewal agency: means a public body created pursuant to section 50-2006, Idaho Code. See Idaho Code 50-2903 urban renewal plan: means a plan, as it exists or may from time to time be amended, prepared and approved pursuant to sections 50-2008 and 50-2905, Idaho Code, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions. See Idaho Code 50-2903 User: means any individual, partnership, copartnership, firm, company, corporation, investor-owned utility, association, joint stock company, trust, estate, or any other legal entity, or their legal representatives, agents, or assigns acting as lessee, purchaser, mortgagor or borrower under a financing document and may include a party who transfers the right of use and occupancy to another party by lease, sublease or otherwise. See Idaho Code 50-2702 User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services. Venue: The geographical location in which a case is tried. Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House. Video service: means the delivery of video programming to subscribers, which programming is generally considered comparable to video programming delivered to viewers by a television broadcast station, cable service or digital television service, without regard to the technology used to deliver the video service, and which service is provided primarily through equipment or facilities located in whole or in part in, on, under or over any public rights-of-way. See Idaho Code 50-3002 Video service provider: means a provider of video service, and includes an incumbent cable or multichannel video service provider, a nonincumbent video service provider or a system operator, unless the context in which the term is used indicates otherwise. See Idaho Code 50-3002 Video service provider fee: means the amount paid by a system operator to a political subdivision pursuant to section 50-3007, Idaho Code. See Idaho Code 50-3002