Idaho State Statutes - Idaho Attorney Directory

DISPOSAL OF SLASH -- INJUNCTION AGAINST FURTHER CUTTING --
DISPOSAL AT EXPENSE OF OWNER -- LIEN AND ENFORCEMENT -- ORDERS. In the event
one responsible therefor shall fail, refuse or neglect to properly dispose of
slash in accordance with the requirements of section 38-122, Idaho Code, and
such person responsible therefor is engaged or is about to engage, either for
himself or for another, in cutting timber or other forest products, and
thereby creating a fire hazard anywhere within the state, he may be enjoined
from cutting such timber or other forest products and thereby creating a fire
hazard until he shall have complied with the provisions of section 38-122,
Idaho Code. Such injunction proceedings may be instituted by the director of
the department of lands as plaintiff and the court may in its discretion grant
a temporary injunction. In any such proceedings no bond shall be required of
the plaintiff and such a proceeding shall be handled in any court by the judge
thereof with expedition.
If one responsible therefor has for any reason failed to comply with
section 38-122, Idaho Code, and has without such compliance cut timber or
other forest products, and shall fail, refuse or neglect to properly dispose
of slash for a period of thirty (30) days after being notified so to do by the
director of the department of lands or the fire warden of the forest
protective district within which such slash has accumulated, the director of
the department of lands, or the fire warden, may, if he deems it advisable,
complete, direct or authorize the disposal of such slash at the expense of the
owner of the timber or other forest products cut or produced from the land
upon which such fire hazard remains undisposed of as aforesaid.
The cost and expense of such disposal, plus twenty per cent (20%) of the
cost and expense of such disposal as a penalty, shall constitute a prior lien
upon the timber and/or other forest products so cut or produced from such
land. If payment of such cost and penalty be not made within ten (10) days
after demand in writing, the director of the department of lands shall file
for record with the county recorder of the county in which such timber or
other forest products were cut, or, if the same have been removed to another
county, then in such county, a notice of lien upon any and all forest products
cut from the area of slash undisposed of as aforesaid, and such lien shall
also attach to all identifiable processed products thereof, and the perfection
of such lien rights shall as nearly as practicable be in conformity with the
provisions of section 45-407, Idaho Code, so far as the same is applicable,
and duly verified as therein provided. Any claims of lien recorded as herein
provided shall be released in writing by the director of the department of
lands upon payment of the cost and penalty herein provided. After the filing
of notice of lien, any purchaser or purchasers of any of such forest products
who have disposed of the same or who shall have so mingled such forest
products or the processed products thereof with other property as to prevent
identification of such forest products, and thereby prevent the sale of any
such products in such foreclosure proceedings, shall be liable for the full
amount of the judgment recovered, provided such purchaser is made a party
defendant in the suit for the foreclosure of lien. The proceedings for the
enforcement of said lien shall conform as nearly as may be to the proceedings
provided by law for the enforcement of loggers' lien, or the amount of such
cost and penalty may be recovered by a civil action for debt, prosecuted in
the name of the state of Idaho, and payable to the state treasurer for deposit
in the forest protection fund.
The director of the department of lands shall not file for record any lien
against the property of any person who has been issued a certificate of
clearance in accordance with section 38-122, Idaho Code, covering such
property.
All orders and directions issued by the director of the department of
lands, or any fire warden, as required or authorized by this section and
section 38-122, Idaho Code, shall be in writing and made in triplicate, the
original of which shall be sent by registered mail or delivered by personal
service to the person to receive such order, permits or directions; one (1)
copy shall be filed in the office of the director of the department of lands;
and one (1) copy shall be filed in the district warden's file.

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