In any action or proceeding, whether judicial or summary, affecting the title to real or personal property in which the state of Idaho has, or claims to have an interest, lien or claim, the state of Idaho may be made a party defendant to such action or proceeding, and its rights or interests determined; provided that a judicial sale or a trustee sale under a deed of trust shall have the same effect respecting the discharge of the property from claims or encumbrances held by the state of Idaho as may be provided with respect to such matters by law as to other persons, and provided further that in no event shall any money judgment or cost be rendered against the state of Idaho in such action or proceeding.
Idaho Code § 5-328
State a party defendant in suit affecting title to real or personal property
Applied in 2 court decisions — leading case Idaho v. Coeur Tribe of Idaho (1997)
Most recently applied in Ellett v. Goldberg (In Re Ellett) (January 1999)
1959, ch. 55, § 1, p. 116.
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.