Residential land not using water rights — Exclusion — Procedure.
The board of directors of an irrigation district may by resolution, or must, if petitioned by the owners of record of over fifty per cent (50%) of the number of lots in a platted subdivision, declare its proposal to exclude from the district all lots or parcels of residential land in the district described in the petition which have not received water from the water rights of the district or through the irrigation works and system of the district during the period of five (5) years immediately preceding the adoption of the resolution. Lots or parcels of land in contiguous subdivisions may be included in the same resolution. Platted lots which theretofore received water through the same ditch operated by a lateral ditch water users’ association may be included in the same resolution. If the board is petitioned by over fifty per cent (50%) of the lot owners of a subdivision, the board shall conduct the entire proceedings according to sections 43-1110 through 43-1117, Idaho Code.
For purposes of this section, residential land shall mean land on which a house, mobile home, duplex, apartment house or other type of living quarters has been constructed or installed and has been occupied as living quarters by an owner or renter.
Notes of Decisions
Cited in
9
cases, 1934–1994 · leading case:
Kelley v. Prouty, 30 P.2d 769 (Idaho 1934).
Kelley v. Prouty, 30 P.2d 769 (Idaho 1934).
· cites it 4× “Section 43-1110, I. C. A., providing compensation for total disability reads in part as follows: “Where the injury causes total disability for work, .”
Crawford v. Nielson, 307 P.2d 229 (Idaho 1957).
· cites it 2× “, the court said: “It is to be noted that the term ‘disability caused thereby’ unmistakably has reference to the ‘total disability for work,’ above quoted in section 43-1110 [72-310, I.C.]. It is to be noted also that under the last-quoted section the *530 particular injuries…”
Cox v. Intermountain Lumber Co., 439 P.2d 931 (Idaho 1968).
“affirming a total permanent disability award, directed the trial court to enter judgment directed to the board to accord Kelley a recovery as follows: “Applying the law announced herein to the instant case, respondent was entitled to compensation for total disability for work,…”
Burke v. Eg & G/Morrison-Knudsen Constr. Co., 885 P.2d 372 (Idaho 1994).
· cites it 2× “§ 43-1113 (1932), which contained the following provisions: In ease of the following injuries the compensation shall be fifty-five per cent of the average weekly wages, but not more than the weekly compensation provided in section 43-1110, in *415 addition to all other…”
Herman v. Sunset Mercantile Co., 154 P.2d 487 (Idaho 1944).
· cites it 2× “e the injury causes partial temporary disability for work, the employer during such disability and for a period not exceeding 150 weeks, shall pay the injured workman a weekly compensation equal to 55% of the difference-between his average weekly wages before the accident, and…”
Beard v. Lucky Friday Silver-Lead Mines, 173 P.2d 76 (Idaho 1946).
· cites it 2× “— In case of the following injuries the compensation shall be fifty-five per cent of the average weekly wages, but not more than the weekly compensation provided in Section 43-1110, in addition to all other compensation, for ninety-nine per cent of the periods stated against…”
McRae v. Sch. Dist. No. 23, 55 P.2d 724 (Idaho 1936).
· cites it 2× “Section 43-1110 has reference, specifically, to cases like the one here under consideration, to-wit, total disability from injury incurred by accident arising out of and in the course of claimant’s employment, and fixes the amount of compensation and the period during which it…”
Edwards v. Holmes Constr. Co., 372 P.2d 406 (Idaho 1962).
“§ 43-1110, now I.C. § 72-310, which provides total disability benefits, has reference, specifically, to cases of “total disability from injury incurred by accident arising out of and in the course of claimant’s employment.”
In Re Jones, 372 P.2d 406 (Idaho 1962).
“§ 43-1110, now I.C. § 72-310, which provides total disability benefits, has reference, specifically, to cases of "total disability from injury incurred by accident arising out of and in the course of claimant's employment.”
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.