Idaho Code
Idaho Code

Idaho Code § 5-401 (2026)

Actions relating to real property. 

✓ current as of May 2026
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Actions relating to real property. 

Actions for the following causes must be tried in the county in which the subject of the action or some part thereof is situated, subject to the power of the court to change the place of trial, as provided in this code:

1.  For the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest and for injuries to real property.
2.  For the partition of real property.
3.  For the foreclosure of a mortgage of real property. Where the real property is situated partly in one county and partly in another, the plaintiff may select either of the counties, and the county so selected is the proper county for the trial of such action.
Notes of Decisions
Cited in 7 cases, 1945–2014 · leading case: Thompson v. Turner, 558 P.2d 1071 (Idaho 1977).
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Thompson v. Turner, 558 P.2d 1071 (Idaho 1977). · cites it 8× “Idaho Code § 5-401 was originally enacted in 1881 as § 205 of the Code of Civil Procedure.”
Banbury v. Brailsford, 158 P.2d 826 (Idaho 1945). · cites it 11× “” Section 5-401,1.C.A., among other things, is as follows: “Actions for the following causes must be tried in the county in which the subject of the action or some part thereof is situated, subject to the power of the court to change the place of trial, as provided in this code:…”
Summers v. Martin, 295 P.2d 265 (Idaho 1956). · cites it 2× “The action was held improper in view of jurisdictional and mandatory requirements of I.C. § 5-401, that such an action be tried in the county in which the subject of the action or some part thereof is situated.”
Pintlar Corp. v. Bunker Ltd. P'ship, 786 P.2d 543 (Idaho 1990). · cites it 2× “Rather, the district court is required to evaluate the nature of plaintiff’s claims only in making the threshold determination whether an action is local under I.C. § 5-401 or transitory under § 5-404.”
Hutchins v. Trombley, 509 P.2d 579 (Idaho 1973). · cites it 2× “Our venue statute, I.C. § 5-401, provides that actions for the determination in any form of a right or interest in real property shall be tried in the county in which the property is located, Clearwater County in this case.”
Priest Lake Coalition, Inc. v. State ex rel. Evans, 723 P.2d 898 (Idaho 1986). · cites it 2× “For example, if a suit were against a public official, but related to real property, under I.C. § 5-401 (1985) the action would have to be tried in the county in which all or part of the land was located.”
Sapient Trading v. John Bach (Idaho Ct. App. 2014). · cites it 2× “The venue statutes cited by Bach, Idaho Code §§ 5-401 and 5-404, are inapplicable to the filing of a foreign judgment in accordance with the Enforcement of Foreign Judgments Act (EFJA), Idaho Code §§ 10-1301 through 10-1308.”
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.