Idaho Code

Idaho Code § 50-226 (2026)

Separation of agricultural lands — Petition.

✓ current as of May 2026

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Separation of agricultural lands — Petition.

The owner or adjoining owners of any platted or unplatted tract or tracts of land containing not less than five (5) acres, included within the corporate limits of any city in this state and used exclusively for agricultural purposes, provided, however, if there is upon or over such tract or tracts of land a railroad or canal right of way, such tract or tracts shall, if no other reason exists, be deemed to be used exclusively for agricultural purposes, within the meaning of this section, may petition the district court of the county in which such tract or tracts of land are situated for a judgment and decree of the court detaching such tract or tracts of land from such city.

Notes of Decisions

Cited in 4 cases, 1973–2001 · leading case: In Re Williamson, 19 P.3d 766 (Idaho 2001).

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In Re Williamson, 19 P.3d 766 (Idaho 2001). · cites it 2× “On December 7, 1998, the Williamsons filed a Petition to Separate Land from the Corporate Limits of the City of McCall pursuant to I.C. § 50-226. The City of McCall provides no services to the land that the taxing authority would generally provide, such as water, sewer or…”

Williamson v. City of McCall, 19 P.3d 766 (Idaho 2001). · cites it 2× “On December 7, 1998, the Williamsons filed a Petition to Separate Land from the Corporate Limits of the City of McCall pursuant to I.C. § 50-226. The City of McCall provides no services to the land that the taxing authority would generally provide, such as water, sewer or…”

Hammond v. City of Chubbuck, 515 P.2d 565 (Idaho 1973). · cites it 4× “Before a district court may grant a petition for detachment of a tract of land from a city, it must determine from the evidence whether or not the following facts exist: (1)that the tract of land involved is within the limits of the municipality and contains more than five…”

Ramey v. City of Blackfoot, 580 P.2d 1289 (Idaho 1978). · cites it 4× “In 1976, respondents petitioned the district court for detachment of their sixteen acres of pastureland from the city of Blackfoot pursuant to I.C. §§ 50-226 to 233. The district court entered an order granting detachment and enjoining the city from attempting to reannex the…”

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