The Sempels first took possession of the 5.95‑acre parcel in 1979 when Greg’s parents bought the farm for the couple. They treated a barbed‑wire fence, erected in the 1960s, as the northern boundary, a fact they say was confirmed by the former owner, Chester Henning, during a visit with Tom Rathbone. Over the next four decades they planted crops, raised livestock, and built a greenhouse, treating the fenced area as part of Pokey Creek Farm. The fence’s presence in old photographs and in the hands of workers during logging operations reinforced their claim.
In 1996, Potlatch Corporation transferred the entire 4,100‑acre block, including the disputed strip, to the state of Idaho in a land swap. The state has since asserted ownership, citing the 1996 acquisition and a 2016 survey that flagged the couple’s use as unauthorized. In August 2022, the state sued the Sempels for trespass, timber removal and property damage, seeking compensation and recognition of state title.
The couple invoked adverse possession, arguing they had occupied the land continuously and openly since 1979 and that the fence had been accepted by previous owners. The district court, however, ruled in favor of the state, finding the evidence insufficient and denying the tax‑payment claim. The Sempels appealed, contending the court had omitted key sworn statements and receipts that could prove their long‑standing use.
The Idaho Supreme Court, in a 4‑to‑1 decision, reversed the lower court’s ruling, stating that the dismissal of the Sempels’ evidence was improper and that the fence’s condition did not negate its historical role as a boundary. The court remanded the case for further proceedings, instructing the trial court to consider the tax‑payment affidavits and the historical acceptance of the fence. No final judgment on title has yet been rendered.
For the Sempels, the dispute has meant juggling farm operations with legal battles. ‘We’ve been tending this land for 47 years,’ said Leah, who now raises dairy cows on the property. The uncertainty has left the family wary about the future of their 1,200‑acre farm.
The remanded proceedings are slated to resume in the next hearing scheduled for October 12, when the trial court will reassess the evidence. The outcome could set a precedent for other adverse‑possession claims in Idaho.