38-123. DISPOSAL OF SLASH — INJUNCTION AGAINST FURTHER CUTTING — DISPOSAL AT EXPENSE OF OWNER — LIEN AND ENFORCEMENT — ORDERS. In the event one responsible therefor shall fail, refuse or neglect to properly dispose of slash in accordance with the requirements of section 38-122, Idaho Code, and such person responsible therefor is engaged or is about to engage, either for himself or for another, in cutting timber or other forest products, and thereby creating a fire hazard anywhere within the state, he may be enjoined from cutting such timber or other forest products and thereby creating a fire hazard until he shall have complied with the provisions of section 38-122, Idaho Code. Such injunction proceedings may be instituted by the director of the department of lands as plaintiff and the court may in its discretion grant a temporary injunction. In any such proceedings no bond shall be required of the plaintiff and such a proceeding shall be handled in any court by the judge thereof with expedition.

If one responsible therefor has for any reason failed to comply with section 38-122, Idaho Code, and has without such compliance cut timber or other forest products, and shall fail, refuse or neglect to properly dispose of slash for a period of thirty (30) days after being notified so to do by the director of the department of lands or the fire warden of the forest protective district within which such slash has accumulated, the director of the department of lands, or the fire warden, may, if he deems it advisable, complete, direct or authorize the disposal of such slash at the expense of the owner of the timber or other forest products cut or produced from the land upon which such fire hazard remains undisposed of as aforesaid.

The cost and expense of such disposal, plus twenty per cent (20%) of the cost and expense of such disposal as a penalty, shall constitute a prior lien upon the timber and/or other forest products so cut or produced from such land. If payment of such cost and penalty be not made within ten (10) days after demand in writing, the director of the department of lands shall file for record with the county recorder of the county in which such timber or other forest products were cut, or, if the same have been removed to another county, then in such county, a notice of lien upon any and all forest products cut from the area of slash undisposed of as aforesaid, and such lien shall also attach to all identifiable processed products thereof, and the perfection of such lien rights shall as nearly as practicable be in conformity with the provisions of section 45-407, Idaho Code, so far as the same is applicable, and duly verified as therein provided. Any claims of lien recorded as herein provided shall be released in writing by the director of the department of lands upon payment of the cost and penalty herein provided. After the filing of notice of lien, any purchaser or purchasers of any of such forest products who have disposed of the same or who shall have so mingled such forest products or the processed products thereof with other property as to prevent identification of such forest products, and thereby prevent the sale of any such products in such foreclosure proceedings, shall be liable for the full amount of the judgment recovered, provided such purchaser is made a party defendant in the suit for the foreclosure of lien. The proceedings for the enforcement of said lien shall conform as nearly as may be to the proceedings provided by law for the enforcement of loggers’ lien, or the amount of such cost and penalty may be recovered by a civil action for debt, prosecuted in the name of the state of Idaho, and payable to the state treasurer for deposit in the forest protection fund.

The director of the department of lands shall not file for record any lien against the property of any person who has been issued a certificate of clearance in accordance with section 38-122, Idaho Code, covering such property.

All orders and directions issued by the director of the department of lands, or any fire warden, as required or authorized by this section and section 38-122, Idaho Code, shall be in writing and made in triplicate, the original of which shall be sent by registered mail or delivered by personal service to the person to receive such order, permits or directions; one (1) copy shall be filed in the office of the director of the department of lands; and one (1) copy shall be filed in the district warden’s file.

History:

[38-123, added 1972, ch. 401, sec. 2, p. 1164; am. 1987, ch. 192, sec. 3, p. 393.]