2016 Idaho Statutes
Title 52 - NUISANCES
Chapter 4 - MORAL NUISANCES -- ACTION FOR INJUNCTION AND ABATEMENT
Section 52-404 - ORDER RESTRAINING REMOVAL OF PERSONAL PROPERTY FROM PREMISES -- SERVICE -- PUNISHMENT.

52-404. Order restraining removal of personal property from premises -- Service -- Punishment. Where such application for a temporary injunction is made, the court may, on application of the complainant showing good cause, issue an ex parte restraining order, restraining the defendant and all other persons from removing or in any manner interfering with the personal property and contents of the place where such nuisance is alleged to exist, until the decision of the court or judge granting or refusing such temporary injunction and until the further order of the court thereon, except that, pending such decision, the stock in trade may not be so restrained, but an inventory and full accounting of all business transactions thereafter may be required.

The restraining order may be served by handing to and leaving a copy of such order with any person in charge of such place or residing therein, or by posting a copy thereof in a conspicuous place at or upon one or more of the principal doors or entrances to such place, or by both such delivery and posting. The officer serving such restraining order shall forthwith make and return into court an inventory of the personal property and contents situated in and used in conducting or maintaining such nuisance.

Any violation of such restraining order is a contempt of court, and where such order is posted, mutilation or removal thereof, while the same remains in force, is a contempt of court, provided such posted order contains therein a notice to that effect.

History:

[52-404, added 1976, ch. 82, sec. 4, p. 276.]