I D A H O S T A T E L E G I S L A T U R E
TITLE 6 ACTIONS IN PARTICULAR CASES
CHAPTER 2 - WASTE AND WILFUL TRESPASS ON REAL PROPERTY
6-201.Actions for waste. If a guardian, tenant for life or years, joint tenant or tenant in common of real property, commit waste thereon, any person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for treble damages.
6-202.Actions for trespass. Any person who, without permission of the owner, or the owner’s agent, enters upon the real property of another person which property is posted with "No Trespassing" signs or other notices of like meaning, spaced at intervals of not less than one (1) notice per six hundred sixty (660) feet along such real property; or who cuts down or carries off any wood or underwood, tree or timber, or girdles, or otherwise injures any tree or timber on the land of another person, or on the street or highway in front of any person’s house, village, or city lot, or cultivated grounds; or on the commons or public grounds of or in any city or town, or on the street or highway in front thereof, without lawful authority, is liable to the owner of such land, or to such city or town, for treble the amount of damages which may be assessed therefor or fifty dollars ($50.00), plus a reasonable attorney’s fee which shall be taxed as costs, in any civil action brought to enforce the terms of this act if the plaintiff prevails.
6-202A.Definition of terms. As used in section 6-202, Idaho Code, "enters" and "entry" mean going upon or over real property, either in person or by causing any object, substance or force to go upon or over real property.
6-210.Recovery of damages for economic loss willfully caused by a minor. (1) Any person shall be entitled to recover damages in an amount not to exceed two thousand five hundred dollars ($2,500) in a court of competent jurisdiction from the parents of any minor, under the age of eighteen (18) years, living with the parents, who shall willfully cause economic loss to such person, except as otherwise provided in section 49-310, Idaho Code. "Person" means any municipal corporation, county, city school district, or any individual, partnership, corporation or association, or any religious organization, whether incorporated or unincorporated.
(2) Economic loss shall include, but not be limited to, the value of property, as that term is defined in section 18-2402(8), Idaho Code, taken, destroyed, broken or otherwise harmed, lost wages and direct out-of-pocket losses or expenses such as medical expenses resulting from the minor’s willful conduct, but shall not include less tangible damage such as pain and suffering, wrongful death or emotional distress.
(3) As used in this section, "parents" shall mean any persons or entities who have legal custody of the minor, or any persons or entities who are licensed to accept children for child care under chapter 12, title 39, Idaho Code. "Legal custody" shall be as that term is defined in section 16-2002, Idaho Code.
(4) In the event the parents are providing foster care for the minor at the time of the minor’s willful act, and the parents are licensed pursuant to section 39-1211, Idaho Code, and the minor is in the legal custody of the department of health and welfare, any person is entitled to recover damages in a court of competent jurisdiction within the above stated limits. Such recovery shall be insured by the state of Idaho.
6-211.Trespass on state lands -- Damage actions. Any person who cuts down or carries off any wood, trees, or timber or removes top soil from, or dumps trash or debris on, any land belonging to the State of Idaho without lawful authority is liable to the State of Idaho for treble the amount of damages, which amount may be recovered in a civil action therefor.
6-212.Damages recovered deposited into endowment fund. Any moneys so recovered shall in each instance be deposited in the endowment fund in which would be deposited the proceeds of the sale of the lands damaged were such lands sold by the State of Idaho.
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