Idaho Code

Idaho Code § 37-2809 (2026)

Proportionality.

✓ current as of May 2026

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Proportionality.

In issuing any order under the provisions of this chapter, the court shall make a determination that the property, or a portion thereof in the case of real property, was actually used in violation of the provisions of this chapter. The size of the property forfeited shall not be unfairly disproportionate to the size of the property actually used in violation of the provisions of this chapter.

Notes of Decisions

Cited in 1 case, 2010–2010 · leading case: State v. Key, 239 P.3d 796 (Idaho Ct. App. 2010).

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State v. Key, 239 P.3d 796 (Idaho Ct. App. 2010). · cites it 14× “The size of the property forfeited shall not be unfairly disproportionate to the size of the property *705 actually used in violation of the provisions of this chapter.”

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