US Laws, Codes, Statutes & Cases

                                  TITLE  38
                        FORESTRY, FOREST PRODUCTS AND
                              STUMPAGE DISTRICTS
                                  CHAPTER 1
                              IDAHO FORESTRY ACT
    38-107.  UNCONTROLLED FIRES A NUISANCE -- ABATEMENT -- CIVIL LIABILITY.
Any forest or range fire burning out of control or without adequate and proper
precautions having been taken to prevent its spread, is hereby declared a
public nuisance, by reason of its menace to life and/or property. Any person
responsible through his conduct, acts and/or control of property or operations
for either the starting or the existence of such fire is hereby required to
make a reasonable effort to control or extinguish it immediately, without
awaiting instructions from the director of the department of lands or a fire
warden. The director of the department of lands or any fire warden may
summarily abate the nuisance thus constituted by controlling or extinguishing
such fire and the person wilfully or negligently responsible for the starting
or existence of such fire shall be liable for the costs incurred by the state
or its authorized agencies in controlling or extinguishing the same. The
amount of such costs shall be recovered by a civil action prosecuted in the
name of the state of Idaho and any amounts recovered shall be paid to the
state treasurer for deposit to the forest protection fund. Civil liability
provided for herein shall be exclusive of and in addition to any criminal
penalties otherwise provided.