Bill Description: Senate Bill 1355 would allow a landowner to transfer a 5-acre or larger parcel to an immediate family member outside of typical subdivision requirements under certain circumstances.

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Does it violate the spirit or the letter of either the United States Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?

Senate Bill 1355 would create Section 50-1335, Idaho Code, to allow a landowner to give or sell a 5-acre or larger parcel to an immediate family member outside of typical subdivision requirements to provide for the housing, business, or agricultural needs of the recipient.

In order to qualify, the land has to have been in the landowner’s possession for at least 5 years if titled before July 1, 2026, and at least 10 years if titled after July 1, 2026. The recipient would need to keep the property in his or her name for at least 5 years except in cases of foreclosure, death, judicial sale, condemnation, or bankruptcy.

Expanding the right of property owners to use their land as they see fit is positive, and this bill would take a small step in that direction. 

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