Idaho Code

Idaho Code § 67-5103 (2026)

Matters excepted from state jurisdiction. 

✓ current as of May 2026
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Matters excepted from state jurisdiction. 

Nothing in this act shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or shall authorize regulation of the use of such property in a manner inconsistent with any federal treaty, agreement, or statute or with any regulation made pursuant thereto; or shall confer jurisdiction upon the state to adjudicate, in probate proceedings or otherwise, the ownership or right to possession of such property or any interest therein; or shall deprive any Indian or any Indian tribe, band, or community of any right, privilege, or immunity afforded under federal treaty, agreement, statute, or executive order with respect to Indian land grants, hunting, trapping or fishing or the control, licensing, or regulation thereof.

Notes of Decisions
Cited in 3 cases, 1982–1986 · leading case: Sheppard v. Sheppard, 655 P.2d 895 (Idaho 1982).
Sheppard v. Sheppard, 655 P.2d 895 (Idaho 1982). · cites it 28× “§ 1322 (b) and I.C. § 67-5103 precludes the state courts from dealing with much of the property that the parties have accumulated.”
State v. Major, 725 P.2d 115 (Idaho 1986). · cites it 4× “§ 1322 (b) and I.C. § 67-5103); see also, e.g., Montana v.”
Fisher v. Fisher, 656 P.2d 129 (Idaho 1982). · cites it 16× “§ 1322 (b) and I.C. § 67-5103. [1] This Court recently decided the issue of jurisdiction over Indian property in Sheppard v.”
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