55-3001 Short Title
55-3002 Definitions
55-3003 Nature of Rights — Subordination of Interests
55-3004 Contents of Environmental Covenant
55-3005 Validity — Effect On Other Instruments
55-3006 Relationship to Other Land Use Law
55-3007 Notice
55-3008 Recording
55-3009 Duration — Amendment by Court Action
55-3010 Amendment or Termination by Consent
55-3011 Enforcement of Environmental Covenant
55-3012 Registry — Substitute Notice
55-3013 Uniformity of Application and Construction
55-3014 Relation to Electronic Signatures in Global and National Commerce Act
55-3015 Severability

Terms Used In Idaho Code > Title 55 > Chapter 30

  • Activity and use limitations: means restrictions or obligations created under this chapter with respect to real property. See Idaho Code 55-3002
  • Agency: means the Idaho department of environmental quality or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. See Idaho Code 55-3002
  • 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.
  • Common interest community: means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person’s ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. See Idaho Code 55-3002
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Idaho Code 55-3002
  • Environmental response project: means a plan or work performed for environmental remediation of real property and conducted:
Idaho Code 55-3002
  • 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
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • 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
  • Holder: means the grantee of an environmental covenant as specified in section 55-3003(1), Idaho Code. See Idaho Code 55-3002
  • 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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.
  • 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.
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Idaho Code 55-3002
  • person: includes a corporation as well as a natural person;
  • Idaho Code 73-114
  • Property: includes both real and personal property. See Idaho Code 73-114
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Idaho Code 55-3002
  • 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