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Idaho |
8-305 Seizure By Sheriff — Service Of Writ

8-305. SEIZURE BY SHERIFF — SERVICE OF WRIT. The sheriff shall forthwith take the property, if it be in the possession of the defendant or his agent, and retain it in his custody, either by removing the property to a place of safekeeping or, upon good cause shown, by installing a keeper.

If the property or any part thereof is in a building or inclosure, the sheriff shall demand its delivery, announcing his identity, purpose, and the authority under which he acts. If it is not voluntarily delivered, he shall cause the building or inclosure to be broken open in such manner as he reasonably believes will cause the least damage to the building or inclosure, and take the property into his possession. He may call upon the power of the county to aid and protect him.

The sheriff shall, without delay, serve upon the defendant a copy of the writ of possession and written undertaking, by delivering the same to him personally, if he can be found, or to his agent from whose possession the property is taken; or, if neither can be found, by leaving them at the usual place of abode of either with some person of suitable age and discretion; or, if neither have any known place of abode, by mailing them to their last known address.

History:

[I.C., sec. 8-305, as added by 1973, ch. 118, sec. 2, p. 219.]

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Local Government
Idaho
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C.L. "Butch" Otter
Butch Otter
January 1, 2007 -
Republican
208-332-0102
999 Main St., Suite 910, Boise, ID, 83702

Keywords
age
building
inclosure
cause
place
damage
broken
believes
manner
open