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Serve Idaho, the place for Legal news for Idaho residents. We are passionate about bringing you helpful legal news! It is important to obey the law and we want to share our helpful legal knowledge with Idaho residents and others around the country. Our website offers you valuable information, such as legal news, which will help you stay up-to-date on legal news in Idaho and legal news that may impact people nationwide too. Follow Serve Idaho to learn important legal news; we hope to educate you on ways that you can help yourself, your family, and the importance of avoiding legal situations. Serve Idaho’s goal is to provide you with beneficial legal news and information.

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Recent News

After losing in Legislature, Idaho College’s adapting policies to new gun law


GavelPublic universities and colleges of Idaho have finally accepted the new changes of law allowing people to carry concealed weapons in the campus.  When the new law was being prepared, the educationalists strongly opposed the idea. The new law will be effective from July 1 and it will be applied to the license holders.

No doubt, it was strongly opposed by the college leaders.  But, pro-gun legislators happened to make it a law this year. It is going to raise many difficulties for the college leaders. It is said that now people will be allowed to carry guns in lecture halls, cafeteria, offices, and labs and everywhere within the college premises.

Besides, executive director of public safety and security at the University of Idaho in Moscow Matt Dorschel said that “we have to comply with the law and do not wish to discuss its pros and cons”. It is pertinent to mention that people will not be allowed to carry guns openly. This law has been passed only for conceal weapon carriers.

It goes without saying that most of the colleges of Idaho have started beefing up their security. North Idaho College in Coeur d’Alene has also decided to give its security officers full-proof concealed weapons training.

Apart from this, director of student development Alex Harris said that “to ensure security, training is necessary for the security officers”. He further said that it is going to be really tough decision for campus runners as new trainings will cost up $10,000 to $60,000 a year.

Lastly, this law  grants right to the colleges to disallow conceal weapon carriers from the entertainment venues where seating capacity is of 1000 people.

Idaho water law adapts to technology and shrinking supply


Law and gavelThe water law in Idaho and in the arid west is based on the principle called “first in time is first in right” means canal companies, miners and farmers have first right to use the water for industrial purpose. But the situation turns out to be deteriorating in summer. Actually, in summer, the flow of water is lessened down however new users are generally asked to turn off first.

But, in 1940s a new pumping technology and reasonable electric rates happened to make groundwater economical for irrigation. Though the ground water rules had been enacted in 1951 yet it was being administrated separately from surface water. Legally speaking, they were not connected with each other.

KNOWLEDGE OF AQUIFER, RIVER LINK BROUGHT CHANGES
In 1960s engineers thought that there were clear connections among the river, the springs and aquifer. When the flow of water started dropping in the spring, scientists thought that the groundwater pumping was the reason of its drop out. To cope it up, state enacted a law called as conjunctive management. Actually, under this law, the senior water rights holders – those who have been enjoying rights since years – can make a telephone call asking Idaho Department of Water Resources director to temporarily stop the groundwater pumping so they can use the water.

According to this law, the seniors have the right to demand from pumpers to pay them money if their water has been lost. To claim this, they have to prove that they have been affected from the pumping. Once their claim is proved, they will be paid money or granted water leasing for a certain period of time. No doubt, these issues take years to settle. However, negotiations are always preferred.

USE IT OR LOSE IT’ EVOLVES
Use it or lose it is a concept developed for preventing users from water hoarding. According to Idaho water law if a user does not use water for 5 years, his water right would be fortified. But, this doctrine has also failed to some extent. In 1908 the Supreme Court of Idaho ruled out that “irrigation district or a canal company has no right to divert the water that is meant not put to use”.

On the other hand, another law was enacted in 2003 that allowed users to use larger water right. This is supposed to be the most complicated change in the history.

LAW LIMITS ABILITY TO SELL OR TRANSFER WATER RIGHTS
Historically speaking, water has been tied to irrigated lands only. The water right is transferred to other parties when the property is sold. Besides, irrigation districts, private users and canal companies- having storage space in reservoirs- have right to lease or sell their water.  Apart from this, it is the absolute discretion of the individual to sell or transfer his rights to anyone. Rights are working like shares in the canal companies.

Lastly, Idaho law does not grant permission to ranchers to boost up the steam flow. Hence, they cannot sell their water right to anyone under any condition.

Court: Gay marriage must remain on hold in Idaho


Decorative Scales of Justice in the CourtroomA federal appeals court has ruled on Tuesday that no same-sex marriage will be allowed in Idaho until an appeal is not fully decided.  The 9th U.S. Circuit Court of Appeals passed a decree in favor of Gov. C.L. “Butch” Otter and Idaho Attorney General Lawrence Wasden putting the previous ruling on hold.

The court said that arguments will be heard from all parties in September and this case would be put on fast track.  Besides, the court clarified that unless the appeals are not decided, the same-sex and gay marriage would stand as void. They will not be recognized until the decision of the appeals is not ruled.

It goes without saying that Candy Dale U.S. District Magistrate Judge overturned the ban on Idaho’s gay marriage on 13th May.  The judge said in her ruling that “the law is violating the fundamental rights of marriage and it is unconstitutionally denying gays and lesbians from same-sex marriage”.  This was the ruling that provoked Otter and Idaho Attorney General Lawrence Wasden to file an appeal against the dale’s ruling.

On the other hand, the three-judge bench of appellate court said that “we all judges are on the same page and we are putting the ruling on hold”. Hurwitz – one of the bench members- wrote in his order that “I am putting the ruling on hold because Supreme Court has virtually instructed courts of appeals to grant such stays”.

Last but not the least, gay marriage is allowed in 18 states including Columbia and Oregon. Officials say that there are no plans to file appeals for striking down the recent ruling. On the contrary, Federal judges in Virginia, Oklahoma, Michigan, Arkansas and Texas have also rebuffed the gay marriage bans.

Idaho AG reaches settlement with vehicle service contract provider


Rechtsanwalt im Büro.Lawrence Wasden the Attorney General of Idaho has settled the allegation issue with a Utah-based vehicle service contract provider violating the Idaho Consumer Protection Act. Actually, Gold Standard Automotive Network Inc. (GSAN) is offering customers with motor vehicle service contracts without insurance policies and warranties.  According to the contract agreements, GSAN will be bound to provide replacement and repairing services to the vehicles in certain circumstances.

It is said that GSAN had sold motor vehicle service contracts in Idaho that were not covering the insurance policy liability. On the contrary, Idaho law demands insurance policy coverage for all kinds of motor vehicle service contracts. Besides, GSAN has also not revealed mandatory disclosures in its contracts.

It goes without saying that Lawrence Wasden the Attorney General of Idaho said that “unfortunately contract service providers run away when it comes to implement their contractual clauses leaving consumers without any service they have been paying for”. He further said that “to protect consumers, Idaho law demands from motor vehicle service providers to get liability insurance in case they are failed to meet with their contractual obligations”.

Lastly, under the terms and conditions, those Idaho consumers who purchased motor vehicle service contract from GSAN prior to November 1 can receive their funds by cancelling the contract and Wasden’s office will inform to eligible consumers via email.
 

Copyright What It Is, How to Obtain It, and What to Do If Your Work is Stolen


Intellectual property theft

If you are an artist, writer, architect, software developer, or other creator, there is a good chance that you have created something and will want to protect others from claiming it as their own. These creations are commonly known as intellectual property, which the American Intellectual Property Law Association defines as “the fruits of mental labor”: that which is created, invented, or developed, whether tangible or intangible. In the case of artistic or other tangible creative works, such as the ones developed by the above innovators, this type of intellectual property is protected in the United States by copyright.

Many creators wish to know how to obtain copyright