Hill v. Hill

The district court held that the deed to Basin Ranch Holding Trust was void because Idaho Code § 55-103 limited property ownership to “persons” and a trust was not a person under that statute. The district court’s interpretation of § 55-103 is erroneous. It is not intended to limit the ownership of property to “persons.” Its intent was to expand the right of property ownership to aliens.

The statute provides, “Any person, whether citizen or alien, may take, hold and dispose of property, real or personal.” That statute was originally enacted in 1887 by the Idaho Territorial Legislature. Rev.…