Order creating district.
At such hearing, if satisfied that a majority of the landowners owning more than fifty percent (50%) of the land in said proposed herd district who are resident in, and qualified electors of, the state of Idaho are in favor of the enforcement of the herd law therein, and that it would be beneficial to such district, the board of commissioners shall make an order creating such herd district, in accordance with the prayer of the petition, or with such modifications as it may choose to make. Such order shall specify a certain time at which it shall take effect, which time shall be at least thirty (30) days after the making of said order; and said order shall continue in force, according to the terms thereof, until the same shall be vacated or modified by the board of commissioners, upon the petition of a majority of the landowners owning more than fifty percent (50%) of the land in said district who are resident in, and qualified electors of, the state of Idaho.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1965–2024 · leading case:
Simmons v. Loertscher, 551 P.3d 719 (Idaho 2024).
Simmons v. Loertscher, 551 P.3d 719 (Idaho 2024).
· cites it 6× “within a herd district was not added to Idaho Code section 25-2402 until 1963, and the 1963 amendment included a savings clause that exempted existing herd districts from that requirement: “Provided, any herd district heretofore established shall retain its identity, geographic…”
Nelson v. Holdaway Land & Cattle Co., 691 P.2d 796 (Idaho Ct. App. 1984).
· cites it 2× “— The owner of animals permitted or allowed to run at large, or herded in violation of any order made in accordance with the provisions of section 25-2404, shall be liable to any person who shall suffer damage from the depredations or trespasses of such animals, without regard…”
Corthell v. Pearson, 399 P.2d 266 (Idaho 1965).
· cites it 2× “§ 25-2408, in part, reads: “The owner of animals permitted or allowed to run at large, or herded in violation of any order made in accordance with the provisions of section 25-2404 [order creating a herd district], shall be liable to any person who shall suffer damage from the…”
Easley v. Lee, 721 P.2d 215 (Idaho 1986).
· cites it 6× “However, upon the protest of the Easleys to the statutory language being included in the petition, such was stricken by the county commissioners and not included within the order forming the herd district.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.