43-1904. LIENS FOR TOLLS AND CHARGES — RECORDING — DURATION — ENFORCEMENT. (a) A district may establish liens for delinquent tolls and charges hereunder and penalties incidental thereto in the following manner: On or after the date of delinquency with respect to tolls or charges established with respect to a given parcel of land, the district may file with the county recorder of the county where the land is situated, a statement of the amounts delinquent and of the penalties accruing thereon. Such statement shall: describe in general terms the service for which the amounts are due, describe in terms sufficient for identification the lands for which the tolls or charges were established, give the name of the owner or reputed owner and name the district to which the amounts are due; and the statement shall be verified by the oath of the district through its attorney or agent to the effect that it is believed to be correct and just. From the filing of such statement the district shall have a lien for the delinquent amounts together with the accruing penalties thereon on the lands on account of which the tolls and charges in question were established.

(b) The county recorder must record such statements in a book kept by him for such purpose. The record must be indexed in the manner provided by law for the indexing of deeds and other conveyances. Fees for these services by the recorder shall be the same as are allowed by law for recording deeds and other instruments.

(c) No lien hereunder shall continue for two (2) years from the filing of the statement unless proceedings are commenced in a proper court within that time for the enforcement of such lien.

(d) District courts shall have jurisdiction of civil actions for the enforcement of the liens herein provided, and such actions may embrace one or more parcels of land and one or more landowners or reputed landowners. Allowable costs shall include the amounts paid for filing and recording the claim and reasonable attorney’s fees. Except as otherwise provided in this act, the provisions of the Idaho laws relating to civil actions, new trials and appeals are applicable to and constitute the rules of practice in proceedings under this act.

(e) Nothing in this section 4 shall be construed to affect the right of a district to any other remedy available to it.

History:

[(43-1904) 1946 (1st E.S.), ch. 3, sec. 4, p. 4.]