State a party defendant in suit affecting title to real or personal property.
In any action or proceeding, whether judicial or summary, affecting the title to real or personal property in which the state of Idaho has, or claims to have an interest, lien or claim, the state of Idaho may be made a party defendant to such action or proceeding, and its rights or interests determined; provided that a judicial sale or a trustee sale under a deed of trust shall have the same effect respecting the discharge of the property from claims or encumbrances held by the state of Idaho as may be provided with respect to such matters by law as to other persons, and provided further that in no event shall any money judgment or cost be rendered against the state of Idaho in such action or proceeding.
Notes of Decisions
Idaho v. Coeur D'Alene Tribe of Idaho, 521 U.S. 261 (1997).
· cites it 2× “A state forum was available, see Idaho Code § 5-328 (1990), but the Tribe brought this action in the United States District Court for the District of Idaho.”
Day v. Idaho Transp. Dept, 533 P.3d 1227 (Idaho 2020).
· cites it 4× “” The district court held that the letter extended the statute of limitations for one additional period pursuant to Idaho Code section 5-328. Even with this extension, the district court found that the Day family’s claims were untimely and therefore barred.”
Hutchins v. Trombley, 509 P.2d 579 (Idaho 1973).
· cites it 2× “I.C. § 5-328. Grant Construction Co. v. Burns et ah, 92 Idaho 408 , 443 P.”
Ellett v. Goldberg (In Re Ellett), 229 B.R. 202 (Bankr. E.D. Cal. 1999).
“9 See Idaho Code § 5-328 (1997)(waiving Idaho’s sovereign immunity in state court to allow the state to be a party in any action affecting the title to real property where it has a claim or interest).”
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