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Idaho Code § 11-302

Sale of property — Notice

Applied in 2 court decisions — leading case In Re Rodriguez (2005)

Most recently applied in 341 F. App'x 329 - Bianco ex rel. Estate of Gaston v. Erkins (August 2009)

C.C.P. 1881, § 442; R.S., § 4482; am. 1895, p. 40, § 1; reen. 1899, p. 243, § 1; am. 1901, p. 156, § 1; am. 1907, p. 30, § 1; reen

Before the sale of the property on execution, notice thereof must be given as follows:

(1) In case of perishable property, by posting a written notice of the time and place of sale in three (3) public places of the precinct or city where the sale is to take place, for such time as may be reasonable, considering the character and condition of the property.

(2) In case of other personal property, by posting a similar notice in three (3) public places in the precinct or city where the sale is to take place for not less than five (5) nor more than ten (10) days before the time set for the sale, or by publishing a copy thereof at least one (1) week, and not more than two (2) weeks, in a newspaper published in the county, if there be one.

(3) In case of real property, by posting a similar notice particularly describing the property, for twenty (20) days, in three (3) public places in the precinct or city where the property is situated, and also where the property is to be sold, and by publishing a copy thereof once a week for the same period before the time set for the sale, in a newspaper published in the county, if there be one. When the judgment under which the property is to be sold is made payable in a specified kind of money or currency, the several notices required by this section must state the kind of money or currency in which bids may be made at such sale, which must be the same as that specified in the judgment.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.