Idaho State Statutes - Idaho Attorney Directory

Whenever the
owners of any tract of land have divided and sold or conveyed five (5) or more
parts thereof, or invested the public with any right therein, and have failed
and neglected to execute and file a plat for record, as provided in the
thirteen (13) foregoing sections of this act, the county recorded [recorder]
shall notify some or all of such owners and proprietors by mail or otherwise,
and demand an execution of such plat; if such owners or proprietors, whether
notified or not, fail and neglect to execute and file for record said plat
within thirty (30) days after the issuance of such notice, the recorder shall
cause to be made a plat of such tract and any surveying necessary therefor.
Said plat shall be prepared in accordance with requirements in sections
50-1301 through 50-1325, [Idaho Code,] and in addition, be signed and
acknowledged by the recorder, who shall certify that he executed it by reason
of the failure of the owners or proprietors named to do so, and filed for
record, and, when so filed for record, shall have the same effect for all
purposes as if executed, acknowledged and recorded by the owners or
proprietors themselves.
A correct statement of the costs and expenses of such plat, surveying and
recording, verified by oath, shall be by the recorder laid before the next
session of the county board, who shall allow the same and order the same to be
paid out of the county treasury, and who shall, at the same time, assess the
same amount pro rata upon all several lots or parcels of said subdivided
tract; said assessment shall be collected with, and in like manner as the
general taxes, and shall go to the general county fund; or said board may
direct suit to be brought in the name of the county before any court having
jurisdiction, to recover from the said original owners or proprietors, said
cost and expense of preparing and recording said plat.

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