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2012 CUMULATIVE POCKET SUPPLEMENT IDAHO CODE Compiled Under the Supervision ofthe Idaho Code Commission RICHARD GOODSON F. R. DANIEL BOWEN JEREMY P. PISCA COMMISSIONERS MAX M. SHEILS, JR. EXECUTIVE SECRETARY TITLES 7-13 Place this supplement in the pocket ofthe corresponding volume ofthe set MICHIE 701 East Water Street Charlottesville, VA 22902 www.lexisnexis.com Customer Service: 1-800-833-9844 LexisNexis and the Knowledge Burst logo are registered trade- marks, and MICHIE is a trademark of Reed Elsevier Properties Inc., usedunderlicense. MatthewBenderis aregisteredtrademark ofMatthew Bender Properties Inc. ©2012 State ofIdaho All rights reserved. 5058311 ISBN 978-0-672-83888-0 (Set) ISBN 978-1-4224-6373-4 (Pub.42205) PUBLISHER'S NOTE Amendments to laws and new laws enacted since the publication ofthe bound volume down to and including the 2012 regular session are compiled in this supplement and will be found under their appropriate section numbers. This publication contains annotations taken from decisions ofthe Idaho Supreme Court andthe CourtofAppeals andthe appropriatefederal courts. These cases will be printed in the following reports: Idaho Reports Pacific Reporter, 3rd Series Federal Supplement, 2nd Series Federal Reporter, 3rd Series United States Supreme Court Reports, Lawyers' Edition, 2nd Series Title and chapter analyses, in these supplements, carry only laws that have been amended or new laws. Old sections that have nothing but annotations are not included in the analyses. Following is an explanation ofthe abbreviations ofthe Court Rules used throughout the Idaho Code. I.R.C.P. Idaho Rules ofCivil Procedure I.R.E. Idaho Rules ofEvidence I.C.R. Idaho Criminal Rules M.C.R. Misdemeanor Criminal Rules I.I.R. Idaho Infraction Rules I.J.R. Idaho Juvenile Rules I.C.A.R. Idaho CourtAdministrative Rules I.A.R. Idaho Appellate Rules If you have any questions or suggestions concerning the Idaho Code, please write or call toll free 1-800-833-9844, fax toll free at 1-800-643-1280, or email us at [email protected]. Visit our website at http://www.lexisnexis.com for an online bookstore, technical support, customer service, and other company information. LexisNexis Attn: Customer Service 1275 Broadway NY Albany, 12204-2694 ALWAYS CONSULTTHE LATEST SUPPLEMENT IN CONNECTIONWITH THE PERMANENTVOLUME ill USER'S GUIDE To assist the legal profession and the layperson in obtaining the maxi- mum benefit from the Idaho Code, a User's Guide has been included in the first, bound volume ofthis set. ADJOURNMENT DATES OF SESSIONS OF LEGISLATURE Year Adjournment Date 2011 April 7, 2011 2012 March 29, 2012 vn TITLE 7 SPECIAL PROCEEDINGS CHAPTER. 6. Contempts, § 7-602. CHAPTER 4 WRITS OF PROHIBITION 7-402. When and how issued. JUDICIALDECISIONS Adequacy ofOtherRemedy. bition would be improper. Injunctive relief Idaho department ofland's motion to dis- would be at least as effective as issuance of misstheattorneygeneral'swritofprohibition the writ, ifnot more so. State v. Idaho State wasgranted,astherewasaplain,speedy,and Bd. ofLandComm'rs(InreVerifiedPetition), adequate remedy in the ordinary course of 150 Idaho 547, 249 P.3d 346 (2010). law, suchthatanextraordinarywritofprohi- CHAPTER 6 CONTEMPTS — section. property Procedure upon 7-602. Reentryofdispossessedpersononreal conviction. — 7-602. Reentry ofdispossessed person on real property Proce- — dureuponconviction. Everypersondispossessedorejectedfromorout ofany real property by the judgment or process of any court ofcompetent jurisdiction, and who, not having right so to do, reenters into or upon, or takes possession of, any such real property, or induces or procures any person not having right so to do, or aids or abets him therein, is guilty ofa contempt ofthe court bywhich suchjudgmentwas rendered, or from which such process issued. Upon a conviction for such contempt the court shall immediately issue an alias process directed to the proper officer, and requiringhimtorestorethepartyentitledtothepossessionofsuchproperty under the originaljudgment or process, to such possession. History. § 5156; C.S., § 7384; I.C.A., § 13-602; am. C.C.P. 1881, § 831; R.S., R.C., & C.L., 2012, ch. 20, § 2, p. 66. STATUTORYNOTES Amendments. justice ofthe peace must immediately" near The 2012 amendment, by ch. 20, substi- the beginning ofthe last sentence, tuted "the court shall immediately" for "or 7-610 SPECIAL PROCEEDINGS 2 — 7-610. Judgment Penalty. JUDICIALDECISIONS Inherent PowerofCourt. tion (l)(j) of§ 20-520, a violation ofthe pro- When appellants' minor daughter was bation was punishable by criminal contempt placed on probation for petit theft, the mag- under § 7-601 and the exclusionary rule ap- istrate court violated appellants' Fourth plied.Requiringappellantstoundergourinal- Amendmentrightsbyrequiringappellantsto ysis testing constituted a search that was submit to random urine testing for drugs. presumptively invalid without a warrant. While the magistrate had the authority to State v. Doe, 149 Idaho 353, 233 P.3d 1275 impose a probation condition under subsec- (2010). CHAPTER 7 EMINENT DOMAIN 7-701. Uses for which authorized. RESEARCHREFERENCES — A.L.R. Validity of extraterritorial con- Zoning scheme, plan, or ordinance as tem- demnationbymunicipality. 44A.L.R.6th259. porary taking. 55A.L.R.6th 635. 7-702. Estates subject to taking. RESEARCHREFERENCES — A.L.R. Validity of extraterritorial con- demnationbymunicipality. 44A.L.R.6th259. 7-711. Assessment of damages. RESEARCH REFERENCES — A.L.R. Elements and measure of com- Zoning scheme, plan, or ordinance as tem- pensation in eminent domain proceeding for porary taking. 55A.L.R.6th 635. temporary taking of property. 49 A.L.R.6th 205. — — 7-717. Possession by plaintiff Payment of damages Appoint- ment ofcommissioners. JUDICIALDECISIONS Appeals. compensation and ordered the condemnee to Appellatecourtdeniedcondemnee'smotion refund to the state funds in excess of that to dismiss the state's appeal because the ap- amount, the appeal would not be moot be- peal was not moot even though the state causethejudicialdeterminationwouldhavea tendered a check to the condemnee in satis- practical effect on the outcome, in that the faction of the judgment before filing its ap- state would recover some ofits money. State peal. If the appellate court determined that Ex Rel. Winder v. Canyon Vista Family Ltd. the jury rendered a verdict in excess ofjust P'ship, 148 Idaho 718, 228 P.3d 985 (2010).