Idaho Code § 58-1301 — Idaho Code / Title 58 / Chapter 13 / Section 58-1301
58-1301 ENCROACHMENT ON NAVIGABLE LAKES — LEGISLATIVE INTENT.
Status: in_force

58-1301. Encroachment on navigable lakes — Legislative intent. The legislature of the state of Idaho hereby declares that the public health, interest, safety and welfare requires that all encroachments upon, in or above the beds or waters of navigable lakes of the state be regulated in order that the protection of property, navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty and water quality be given due consideration and weighed against the navigational or economic necessity or justification for, or benefit to be derived from the proposed encroachment. No encroachment on, in or above the beds or waters of any navigable lake in the state shall hereafter be made unless approval therefor has been given as provided in this act.

History:

[(58-1301) I.C., sec. 58-142, as added by 1974, ch. 243, sec. 1, p. 1608; 1990, redesignated, ch. 362, sec. 1, p. 980.]
Idaho Code § 58-141 — Idaho Code / Title 58 / Chapter 1 / Section 58-141
58-141 REVOLVING FUND FOR PLANNING AND DEVELOPMENT OF SEWAGE COLLECTION AND DISPOSAL FACILITIES FOR STATE LANDS — APPROPRIATION.
Status: in_force

58-141. Revolving fund for planning and development of sewage collection and disposal facilities for state lands — Appropriation. All moneys received by the state of Idaho from the United States of America, its agencies, boards, departments, bureaus and commissions for planning and development of sewage collection and disposal facilities for state lands, all moneys received by the state of Idaho from units of local governments as a reimbursement for funds advanced by the state for planning and development of sewage collection and disposal facilities for state lands and those moneys received by the state of Idaho from users of state planned, developed and operated sewage collection and disposal systems as their proportionate share of planning and development of sewage collection and disposal facilities for state lands shall constitute a revolving fund, which fund is hereby created. All moneys in the fund are hereby appropriated continually to the state board of land commissioners for planning and development of sewage collection and disposal facilities for state lands.

History:

[58-141, added 1971, ch. 162, sec. 1, p. 781; am. 1973, ch. 65, sec. 1, p. 110.]
Idaho Code § 58-313A — Idaho Code / Title 58 / Chapter 3 / Section 58-313A
58-313A NOTICE TO COMMISSIONERS OF COUNTY — OBJECTION BY COMMISSIONERS OR PERSON AGGRIEVED.
Status: in_force

58-313A. Notice to commissioners of county — Objection by commissioners or person aggrieved. Whenever the state board of land commissioners shall have determined to direct the sale of state lands in the manner provided in section 58-313, Idaho Code, they shall first give notice in writing by certified mail to the commissioners of the county or counties in which said lands are located of their intention to direct such sale. If, within sixty (60) days of the receipt of such notice the county commissioners shall object to such sale, they shall file their objections in writing with the state board of land commissioners who shall thereupon at the next regular meeting reconsider the order directing such sale and if good cause appears therefor they shall rescind the order directing such sale or reapproving such sale. From any such order the applicant, the county commissioners in the name of the people of the county concerned, or any person aggrieved by such sale may appeal to the district court of the county in which the land is located for a review of said order. If the court finds such order to be arbitrary, erroneous or capricious, the order of the state board of land commissioners may be set aside and rendered null and void.

History:

[(58-313A) I.C., sec. 58-313(a), as added by 1961, ch. 175, sec. 1, p. 269; amended and redesignated 58-313A, 1992, ch. 241, sec. 7, p. 715.]
Idaho Code § 58-1402 — Idaho Code / Title 58 / Chapter 14 / Section 58-1402
58-1402 DEFINITIONS.
Status: in_force

58-1402. Definitions. As used in this chapter:

(1) "Rangelands" means land on which the native vegetation is predominately grasses, grass-like plants, forbs, or shrubs, including lands revegetated naturally or artificially when routine management of that vegetation is accomplished mainly through manipulation of grazing. Rangelands include natural grasslands, savannas, shrublands, most deserts, tundra, alpine communities, coastal marshes and wet meadows.

(2) "Private rangelands" means rangelands not owned by the federal government, state government, an Indian tribe or a political subdivision of the state.

History:

[58-1402, added 1994, ch. 374, sec. 1, p. 1203.]
Idaho Code § 58-320 — Idaho Code / Title 58 / Chapter 3 / Section 58-320
58-320 LANDS EXEMPT FROM TAXATION.
Status: in_force

58-320. Lands exempt from taxation. All lands heretofore sold under the provisions of this chapter shall be exempt from taxation for and during the period of time in which the title to said land is vested in the state of Idaho, but the value of the interest therein of the purchaser shall be taxed, which interest shall be assessed for purposes of taxation as other property is assessed and the improvements thereon shall also be taxed. Provided, however, in the case of state land hereafter sold under contract, such land shall be assessed at its full cash value as other property is assessed.

History:

[(58-320) 1905, p. 131, sec. 25; reen. R.C. & C.L., sec. 1586; C.S., sec. 2920; I.C.A., sec. 56-320; am. 1941, ch. 84, sec. 1, p. 158; am. 1947, ch. 157, sec. 2, p. 407.]
Idaho Code § 58-103 — Idaho Code / Title 58 / Chapter 1 / Section 58-103
58-103 STATE LAND BOARD — MEETINGS — RULES.
Status: in_force

58-103. State land board — Meetings — Rules. The board shall have regular meetings not less frequently than quarterly, and may hold such adjourned or special meetings as the board may direct, and may meet at any time on call of the president or majority of the board. The said board shall cause a complete record of its meetings and other proceedings to be kept. The meetings and proceedings of said board shall be regulated by such rules as the board may adopt.

History:

[(58-103) 1905, p. 131, sec. 3; reen. R.C. & C.L., sec. 1560; am. 1919, ch. 81, sec. 3, p. 289; C.S., sec. 2868; I.C.A., sec. 56-103.]
Idaho Code § 58-505 — Idaho Code / Title 58 / Chapter 5 / Section 58-505
58-505 AUTHORITY TO SELL, LEASE, TRANSFER OR EXCHANGE LANDS OR PRODUCTS.
Status: in_force

58-505. Authority to sell, lease, transfer or exchange lands or products. The state board of land commissioners shall have full power and authority to sell, exchange or lease lands under its jurisdiction and/or exchange products of lands obtained under the provisions of this act for other forest or park lands when in its judgment it is advantageous to the state to do so in the highest orderly development and management of state forests and state parks: provided, however, said sale, lease or exchange shall not be contrary to the terms of any contract which it has entered into. The board shall have full power and authority to transfer to the department of parks and recreation lands acquired under the provisions of this chapter that are suitable for park or other purposes provided for in sections 67-4240 through 67-4244, Idaho Code.

History:

[58-505, added 1937, ch. 201, sec. 5, p. 340; am. 1990, ch. 209, sec. 2, p. 466.]
Idaho Code § 58-410 — Idaho Code / Title 58 / Chapter 4 / Section 58-410
58-410 PROSECUTING ATTORNEYS TO PROSECUTE.
Status: in_force

58-410. Prosecuting attorneys to prosecute. The prosecuting attorneys of the various counties of the state are hereby directed to prosecute in the name of the state all cases arising under sections 58-401 to 58-410, inclusive.

History:

[(58-410) 1905, p. 145, sec. 15; reen. R.C. & C.L., sec. 1598; C.S., sec. 2935; I.C.A., sec. 56-410.]
Idaho Code § 58-309 — Idaho Code / Title 58 / Chapter 3 / Section 58-309
58-309 BOND OF LESSEE — PENALTY.
Status: in_force

58-309. Bond of lessee — Penalty. In leasing state lands the state board of land commissioners may require of the lessee such a bond as shall secure the state against loss or waste, or occupation of the land for more than thirty (30) days after the cancellation or expiration of the lease of said lessee, unless the said lessee becomes the purchaser of the land.

History:

[(58-309) 1905, p. 131, sec. 17; reen. R.C. & C.L., sec. 1576; C.S., sec. 2909; I.C.A., sec. 56-309; am. 1992, ch. 241, sec. 5, p. 714.]
Idaho Code § 58-501 — Idaho Code / Title 58 / Chapter 5 / Section 58-501
58-501 ACQUISITION OR LEASE OF PROPERTY FOR FORESTRY AND PARK PURPOSES AUTHORIZED.
Status: in_force

58-501. Acquisition or lease of property for forestry and park purposes authorized. The state board of land commissioners is hereby authorized to accept gifts, donations or contributions of land suitable for forestry or park purposes and to enter into agreements with the federal government or other agencies for acquiring by lease, purchase or otherwise such lands as in the judgment of the state board of land commissioners are desirable for state forests.

History:

[58-501, added 1937, ch. 201, sec. 1, p. 340.]
Idaho Code § 58-336 — Idaho Code / Title 58 / Chapter 3 / Section 58-336
58-336 STATE LANDS — ASSESSMENT FOR LOCAL BENEFITS.
Status: in_force

58-336. State lands — Assessment for local benefits. All lands, including school lands, granted lands, escheated lands, or other lands owned by the state of Idaho in fee simple, situated within the limits of any incorporated city, town or local improvement district in this state, may be assessed and charged for the cost of local benefits specially benefiting such lands which may be ordered by the proper authorities of any such city, town or local improvement district:

Provided, that the leasehold, contractual or possessory interest of any person, firm, association, private or municipal corporation in any such lands shall be charged and assessed in the proportional amount such leasehold contractual or possessory interest is benefited;

Provided further, that the interest of the state in such property shall not be sold to satisfy the lien of such assessment, but only such interest or contract or other right therein as may be in private ownership shall be subject to such sale.

Provided further, that nothing in this act shall be construed to authorize the payment by the state of Idaho or any agency thereof of any tax levied by any local unit of government.

History:

[58-336, added 1951, ch. 239, sec. 1, p. 497.]
Idaho Code § 58-702 — Idaho Code / Title 58 / Chapter 7 / Section 58-702
58-702 CONSENT TO PURCHASES BY UNITED STATES — JURISDICTION FOR EXECUTION OF PROCESS RESERVED — COORDINATION WITH COUNTY COMMISSIONERS.
Status: in_force

58-702. Consent to purchases by United States — Jurisdiction for execution of process reserved — Coordination with county commissioners. (1) Consent is given to any purchase already made or that may hereafter be made, by the government of the United States, of any lots, or tracts of land, within this state, for the use of such government, and to erect thereon and use such buildings, or other improvements, as may be deemed necessary by said government; and over such lands and the buildings, or improvements, that are, or may be, erected thereon, the said government shall have entire control and jurisdiction, except that the state shall have jurisdiction to execute thereon all process, civil or criminal, lawfully issued by the courts of this state, and not incompatible with this cession.

(2) The United States shall coordinate its real property acquisitions with the board of county commissioners of the county in which the land is located.

History:

[(58-702) 1895, p. 21, sec. 1; reen. 1899, p. 235, sec. 1; reen. R.C. & C.L., sec. 28; C.S., sec. 71; I.C.A., sec. 56-602; am. 2001, ch. 372, sec. 1, p. 1308.]
Idaho Code § 58-332 — Idaho Code / Title 58 / Chapter 3 / Section 58-332
58-332 DISPOSAL OF SURPLUS REAL PROPERTY.
Status: in_force

58-332. Disposal of surplus real property. (1) Upon transfer to it of such surplus real property the state board of land commissioners shall ascertain if such property is suitable for other state use, and if it is, then control and custody thereof shall be relinquished by the board to the agency which can make best use of the property. Such disposition may be by negotiated sale or exchange; provided, however, that such negotiated sales, transfers, or exchanges shall be for adequate and valuable consideration.

(2) If no state agency acquires the surplus property, the board may dispose of the surplus property to any tax-supported agency or unit of the state of Idaho or the United States other than the state of Idaho or its agencies. Such disposition may be by negotiated sale or exchange; provided however, that such negotiated sales, transfers or exchanges shall be for adequate and valuable consideration.

(a) In the event of such contemplated sale, transfer or exchange the state board of land commissioners shall cause to be published a notice of such contemplated sale, transfer or exchange, setting out in full the description of the property concerned, both as to what is being offered and what is to be received, and the proposed use of the property by the tax-supported unit which proposes to acquire such property.

(b) Such notice shall be published in a newspaper published in the county in which the property is situate for four (4) consecutive weeks prior to a certain fixed date therein, designating a time and place for public hearing in the matter.

(c) The state board of land commissioners shall determine at the next regularly scheduled meeting subsequent to such hearing as to acceptance or rejection of such proposed sale, transfer or exchange, and if accepted, the tax-supported unit shall thereafter have sixty (60) days in which to accept or reject the proffer, following such decision.

(d) If such negotiations fail, then the property may be subject to public sale as set forth in this section.

(3) If no tax-supported agency or unit of the state of Idaho or the United States acquires the surplus property, the state board of land commissioners may offer at public sale, after notice of publication for four (4) consecutive weeks in a newspaper published in the county in which the property is situate, and sell the same to the highest and best bidder upon terms and conditions to be determined by the board and specified in the notice of sale. If the property does not sell at public auction, the board may have the property appraised and enter into negotiations with any party(s) to effect disposition of the property for adequate and valuable consideration. Sale may be by any method that will help dispose of the property including, but not limited to, direct negotiations with interested parties, use of advertising, hiring real estate agents and public auction.

(4) In all cases, the compensation received by the board for the sale of surplus property shall be returned to the agency which declared the property surplus to be placed in such account as may be appropriate. The board may deduct the costs of the sale from any proceeds before transmitting the proceeds back to the agency which declared the property surplus.

History:

[58-332, added 1951, ch. 223, sec. 2, p. 452; am. 1971, ch. 48, sec. 1, p. 104; am. 1986, ch. 113, sec. 1, p. 305; am. 2000, ch. 305, sec. 2, p. 1041.]
Idaho Code § 58-119A — Idaho Code / Title 58 / Chapter 1 / Section 58-119A
58-119A DISCLAIMERS OF INTEREST — RESERVATION OF PUBLIC USE RIGHTS-OF-WAY.
Status: in_force

58-119A. Disclaimers of interest — Reservation of public use rights-of-way. The department of lands may enter into an agreement with an owner of land adjacent to accreted land along a navigable river for the issuance of a disclaimer of interest as to the accreted land by the state in exchange for a reservation of a public use right-of-way along the navigable river. Any proposed agreement that seeks to reserve a public use right-of-way in excess of, or less than, a width of twenty-five (25) feet shall be approved by the state board of land commissioners prior to finalization of the agreement.

History:

[58-119A, added 2008, ch. 371, sec. 1, p. 1017.]
Idaho Code § 58-310 — Idaho Code / Title 58 / Chapter 3 / Section 58-310
58-310 TWO OR MORE APPLICANTS FOR SAME LAND — AUCTION OF LEASE.
Status: in_force

58-310. Two or more applicants for same land — Auction of lease. Except as otherwise authorized:

(1) When two (2) or more persons apply to lease the same land, the director of the department of lands, or his agent, shall, at a stated time, and at such place as he may designate, auction off and lease the land to the applicant who will pay the highest premium bid therefor, the annual rental to be established by the state board of land commissioners.

(2) The director shall give notice by letter at least fourteen (14) days prior to the date of such auction, which notice shall be sent in the course of regular mail, to each of the applicants, notifying them of the time and place such auction is to be held. The notice shall be sent to the name and address exactly as it is given in the application.

(3) If any applicants fail to appear in person or by proxy at the time and place so designated in said notice, the director may proceed to auction and lease any part or all of the lands applied for.

(4) The state board of land commissioners shall have power to reject any and all bids made at such auction sales, when in their judgment there has been fraud or collusion, or for any other reason, which in the judgment of said state board of land commissioners justified the rejection of said bids.

(5) The challenger of the current lease shall be required to provide payment of one (1) year's rental on the lease payable at the time of application to lease. If the amount of the annual rental bid be not paid forthwith by the successful bidder, together with the expense of such sale, if the state board of land commissioners shall require the same to be paid as hereinbefore provided, or if for any reason the successful bidder does not accept the lease on the terms offered, the lease may be immediately reoffered in the same manner at public auction, without further notice.

(6) Only those persons who have filed applications in the manner and at the time provided for by statute or rule shall be permitted to bid at any such auction for the lease of state lands.

History:

[(58-310) 1905, p. 131, sec. 18; reen. R.C. & C.L., sec. 1577; C.S., sec. 2910; am. 1921, ch. 18, sec. 1, p. 26; am. 1923, ch. 117, sec. 1, p. 149; I.C.A., sec. 56-310; am. 1951, ch. 73, sec. 1, p. 114; am. 1974, ch. 17, sec. 62, p. 308; am. 1978, ch. 283, sec. 2, p. 689; am. 1981, ch. 350, sec. 1, p. 723; am. 1992, ch. 241, sec. 6, p. 715; am. 1995, ch. 231, sec. 1, p. 783; am. 2014, ch. 97, sec. 34, p. 291.]
Idaho Code § 58-904 — Idaho Code / Title 58 / Chapter 9 / Section 58-904
58-904 IMPROVEMENT, CULTIVATION AND RESIDENCE.
Status: in_force

58-904. Improvement, cultivation and residence. Within ninety (90) days after the date of such record said claimant must improve the land so recorded, unless the same has been previously improved by him or some one through whom he claims, by putting such improvements thereon as partake of the realty to the value of $200, and must continue to occupy and cultivate or graze the same or some portion thereof, either in person or by his agent or employee, and no person is entitled to maintain any such action unless he has complied with all the provisions of this chapter.

History:

[(58-904) 1874, p. 751, sec. 4; R.S., R.C., & C.L., sec. 4555; C.S., sec. 6974; I.C.A., sec. 56-804.]
Idaho Code § 58-1201 — Idaho Code / Title 58 / Chapter 12 / Section 58-1201
58-1201 FINDINGS.
Status: in_force

58-1201. Findings. The legislature hereby finds and declares:

(1) Upon admission of the state of Idaho into the union, the title to the beds of navigable waters became state property, and subject to its jurisdiction and disposal under the equal footing doctrine. According to the United States supreme court's decision in Shively v. Bowlby, the state has the right to dispose of the beds of navigable waters, "in such manner as [it] might deem proper,… subject only to the paramount right of navigation and commerce." The state has the right to determine for itself "to what extent it will preserve its rights of ownership in them, or confer them on others," Shively v. Bowlby, 152 U.S. 1, 56 (1893); and

(2) Since the admission of the state of Idaho into the union, article XV of the constitution of the state of Idaho has governed the appropriation and use of the waters of Idaho. Pursuant to article XV of the constitution of the state of Idaho, the legislature of the state of Idaho has enacted a comprehensive system of laws for the appropriation, transfer and use of the waters of Idaho, which addresses the public interest therein; and

(3) Upon admission of the state of Idaho into the union, the state was granted certain lands by the United States government as an endowment for designated institutions. Article IX of the constitution of the state of Idaho, and laws enacted pursuant thereto, establish a comprehensive system of laws for the management of state endowment lands, which addresses the public interest therein; and

(4) The common law doctrine known as the public trust doctrine, adopted by inference in section 73-116, Idaho Code, has guided the alienation or encumbrance of the title to the beds of navigable waters held in trust by the state. The public trust doctrine has been cited in court decisions and pleadings in ways that have created confusion in the administration and management of the waters and endowment lands; and

(5) The public's interest in the environment is protected in other parts of Idaho's constitutional or statutory law; and

(6) The purpose of this act is to clarify the application of the public trust doctrine in the state of Idaho and to expressly declare the limits of this common law doctrine in accordance with the authority recognized in each state to define the extent of the common law.

History:

[58-1201, added 1996, ch. 342, sec. 1, p. 1147.]
Idaho Code § 58-101 — Idaho Code / Title 58 / Chapter 1 / Section 58-101
58-101 STATE LAND BOARD — CONSTITUTION — DEPARTMENT OF LANDS CREATED.
Status: in_force

58-101. State land board — Constitution — Department of lands created. The governor, secretary of state, attorney general, state controller and superintendent of public instruction being constituted a state board of land commissioners by section 7 of article 9, of the Constitution of the state, as such board, have the direction, control and disposition of the public lands of the state. The board shall exercise the said constitutional functions through the instrumentality of a department of lands which is hereby created.

History:

[(58-101) 1895, p. 215, ch. 2, sec. 5; reen. 1899, p. 282, ch. 2, sec. 5; 1905, p. 131, sec. 30; 1905, p. 131, sec. 1; compiled R.C., sec. 1558; compiled and reen. C.L., sec. 1558; am. 1919, ch. 81, sec. 1, p. 289; C.S., sec. 2866; I.C.A., sec. 56-101; am. 1974, ch. 17, sec. 39, p. 308; am. 1994, ch. 180, sec. 118, p. 501.]
Idaho Code § 58-407 — Idaho Code / Title 58 / Chapter 4 / Section 58-407
58-407 BOND OF PERSONS CUTTING TIMBER.
Status: in_force

58-407. Bond of persons cutting timber. (1) The state board of land commissioners shall require of all persons cutting timber upon state lands, a bond in a sufficient amount, with good and approved sureties, for the carrying out in good faith all the laws applicable thereto and all the terms and conditions imposed by the state board of land commissioners.

(2) In any action or proceeding brought for the purpose of setting aside a sale of timber directed by the state board of land commissioners, or any sale of timber auctioned or offered by the department of lands under good neighbor authority, as provided in 16 U.S.C. 2113a, or in any action or proceeding brought for the purpose of delaying or preventing the cutting or removal of timber by the purchaser at any such sale, in which any party seeks a stay or seeks a temporary restraining order or preliminary injunction against the state board of land commissioners, the state of Idaho, or the purchaser, the court shall require security as provided in rule 65(c) of the Idaho rules of civil procedure, in an amount equal to not less than either the appraised value of the timber or the purchase price of the sale, whichever is greater, for the benefit of the fund for which the state holds in trust the timber included in the sale.

History:

[(58-407) 1905, p. 145, sec. 8; reen. R.C. & C.L., sec. 1595; C.S., sec. 2932; am. 1921, ch. 38, sec. 5, p. 48; I.C.A., sec. 56-407; am. 1992, ch. 264, sec. 1, p. 819; am. 2024, ch. 89, sec. 1, p. 428.]
Idaho Code § 58-404 — Idaho Code / Title 58 / Chapter 4 / Section 58-404
58-404 NOTICE TO DEPARTMENT OF WATER RESOURCES — OBJECTIONS — HEARING AND DETERMINATION.
Status: in_force

58-404. Notice to department of water resources — Objections — Hearing and determination. The director of the department of lands shall, before advertising any timber for sale, notify the director of the department of water resources, that the state board of land commissioners have an application for, or are considering the sale of such timber, giving in such notice, the description of the lands by legal subdivisions on which such timber is situated. The director of the department of water resources shall consider such notice, and if he desires to interpose any objections to the sale of the timber on said lands, because of any interference with the conservation of the irrigation waters of any watershed, he shall then within ten (10) days after receipt of said notice, file with the director of the department of lands, any objections that he may have thereto, setting forth in detail such objections and the reasons therefor. If no such objections are interposed within such time by the director of the department of water resources, and no extension of time is granted by the director of the department of lands for him to file such objections, it shall be presumed that there are no objections from his department to the making of such sale. However, if any objections are interposed, the state board of land commissioners shall appoint a time for the hearing of such objections, and shall determine whether or not, said sale should be made.

History:

[(58-404) 1905, p. 145, sec. 4; reen. R.C. & C.L., sec. 1591; C.S., sec. 2928; am. 1921, ch. 38, sec. 2, p. 48; I.C.A., sec. 56-404; am. 1974, ch. 17, sec. 67, p. 308.]
Idaho Code § 58-203 — Idaho Code / Title 58 / Chapter 2 / Section 58-203
58-203 LIEU SELECTIONS FOR SCHOOL LANDS HOMESTEADED.
Status: in_force

58-203. Lieu selections for school lands homesteaded. When the state board of land commissioners shall ascertain that sections 16 and 36 or any part thereof granted to the state have been actually settled upon prior to the survey thereof by the general government, and are occupied by bona fide settlers, claiming title thereto under the homestead laws of the United States, then the said board shall be and is hereby authorized and empowered, in its discretion, by and with the approval of the secretary of the interior, or the secretary of agriculture when necessary, to select from the surveyed, unreserved and unappropriated public lands of the United States within the state of Idaho, other lands equivalent in area and value, in legal subdivisions, and as contiguous as may be to the section in lieu of which the same is taken.

History:

[(58-203) 1911, ch. 6, sec. 2, p. 16; reen. C.L. 120:3; C.S., sec. 2898; I.C.A., sec. 56-203.]
Idaho Code § 58-138 — Idaho Code / Title 58 / Chapter 1 / Section 58-138
58-138 EXCHANGE OF STATE LAND.
Status: in_force

58-138. Exchange of state land. (1) The state board of land commissioners may at its discretion, when in the state's best interest, exchange, and do all things necessary to exchange fee simple title to include full surface and mineral rights to any of the state lands now or hereafter held and owned by this state for lands of equal value, public or private, excepting lands that have as their primary value buildings or other structures, unless said buildings or other structures are continually used by a public entity for a public purpose. Land that the state owns known as "cottage sites" can be exchanged for lands of equal value, public or private. As used in this section, an exchange of state lands means a transaction in which the state conveys the land to another party or parties pursuant to an agreement that predates the exchange, in which transaction a party conveying land to the state may be different from a party to whom the state conveyed land. The parties dealing with the state in such an exchange transaction shall not be prohibited from purchasing or selling assets related to accomplishing the transaction before, simultaneously or after said transaction, provided that all such prior and simultaneous purchases and sales are expressly provided for in the exchange agreement.

(2) Provided further the state board of land commissioners may, in its discretion, hereafter grant and receive less than fee simple title, and grant or allow such reservations, restrictions, easements or such other impairment to title as may be in the state's best interest.

(3) No exchanges shall be made involving leased lands except upon the written agreement of the lessee.

(4) Subject to the approval of the state board of land commissioners, the first lease on lands acquired through land exchange and in lieu selections shall be offered to the present user, lessee, or permittee of the land, provided that the present user agrees in writing to enter into a contractual management program through which the resource values of the land may be enhanced or improved for the purpose of increasing the income to the endowed institutions.

(5) Prior to the exchange of any state endowment lands pursuant to this section, the state board of land commissioners shall have an appraisal and review appraisal conducted of the lands it desires to exchange along with an appraisal and a review appraisal of the lands it is proposing to acquire in the exchange. All such appraisals and review appraisals shall be performed by appraisers who are licensed or certificated to perform such work in accordance with chapter 41, title 54, Idaho Code, and who are designated as members of the appraisal institute (MAI). All such appraisals and review appraisals shall conform to the uniform standards of professional appraisal practice (USPAP) standards.

(6) In determining the fair market value of state endowment lands to be exchanged and acquired pursuant to this section, the state board of land commissioners shall consider all relevant information and circumstances including, but not limited to, the appraisals and review appraisals required by the provisions of subsection (5) of this section and any evidence that enhances or detracts from their reliability.

(7) Annually on or before January 15 of each year, the state board of land commissioners shall submit a report of all state endowment lands exchanged and acquired and all appraisals and review appraisals conducted pursuant to this section to both houses of the legislature and to the audit division of the legislative services office.

History:

[58-138, added 1963, ch. 147, sec. 1, p. 431; am. 1971, ch. 161, sec. 1, p. 780; am. 1979, ch. 191, sec. 1, p. 554; am. 1980, ch. 353, sec. 1, p. 915; am. 1992, ch. 226, sec. 2, p. 677.; am. 2014, ch. 98, sec. 1, p. 292; am. 2014, ch. 246, sec. 1, p. 615.]
Idaho Code § 58-122 — Idaho Code / Title 58 / Chapter 1 / Section 58-122
58-122 CONTESTED CASES — PROCEDURE.
Status: in_force

58-122. Contested cases — Procedure. It shall be the duty of the director of the department of lands in any or all contested cases, at the direction of the board, to appoint hearing officers, receive evidence, issue subpoenas and to hold contested case hearings in accordance with sections 67-5240 through 67-5271, Idaho Code, when hearings are necessary and witnesses may be required to be examined. Provided however, that when the state board of land commissioners is exercising its duties and authorities concerning the direction, control or disposition of the public lands of the state pursuant to sections 7 and 8, article IX, of the constitution of the state of Idaho, such actions shall not be considered to be contested cases as defined in section 67-5201, Idaho Code, and section 67-5240, Idaho Code, unless the board, in its discretion, determines that a contested case hearing would be of assistance to the board in the exercise of its duties and authorities.

History:

[(58-122) 1905, p. 131, part of sec. 5; reen. 1907, p. 312, sec. 1; reen. R.C., sec. 1562; reen. 1909, p. 79, sec. 1; reen. 1915, ch. 102, sec. 1, p. 240; reen. C.L., sec. 1562a; C.S., sec. 2887; I.C.A., sec. 56-122; am. 1974, ch. 17, sec. 49, p. 308; am. 2004, ch. 184, sec. 1, p. 575; am. 2022, ch. 287, sec. 12, p. 919.]
Idaho Code § 58-409 — Idaho Code / Title 58 / Chapter 4 / Section 58-409
58-409 VIOLATION OF PRECEDING SECTIONS A MISDEMEANOR — ACTION FOR DAMAGES.
Status: in_force

58-409. Violation of preceding sections a misdemeanor — Action for damages. Any person violating any of the provisions of sections 58-401 to 58-410, inclusive, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in the sum of not less than ten dollars ($10.00) nor more than $100, or be punished by imprisonment of not less than sixty (60) days, or by both fine and imprisonment, as the court may direct. Suit may also be brought in the name of the state whenever such damage has been caused by any violation of the provisions of sections 58-401 to 58-410, inclusive, by any person or persons engaged in any business or pleasure pursuit whatever.

History:

[(58-409) 1905, p. 145, sec. 14; reen. R.C. & C.L., sec. 1597; C.S., sec. 2934; I.C.A., sec. 56-409.]
Idaho Code § 58-123 — Idaho Code / Title 58 / Chapter 1 / Section 58-123
58-123 DIRECTOR OF DEPARTMENT — STATEMENTS — ANNUAL REPORTS.
Status: in_force

58-123. Director of department — Statements — Annual reports. On the first business day of each quarter the director of the department of lands shall forward to the state controller and treasurer a statement in duplicate of the amount of moneys received and deposited from all sources. Such statement shall show the class and character of the lands sold or leased, and the amounts of moneys received from all other sources; and on or before the first day of December immediately preceding the meeting of the legislature, he shall make a report to the governor of the business of his office, the transactions of the state board of land commissioners and the land, forest and fire affairs of the state, showing, by tables, the land belonging to the several funds of the state, to whom sold, the amount leased, and the receipts from all sources; and said reports shall contain any such other items of information concerning state lands, forests and fires as the state board of land commissioners may deem worthy of publication.

History:

[(58-123) 1905, p. 131, sec. 6; reen. R.C. & C.L., sec. 1563; C.S., sec. 2888; I.C.A., sec. 56-123; am. 1967, ch. 315, sec. 27, p. 906; am. 1974, ch. 17, sec. 50, p. 308; am. 1994, ch. 180, sec. 120, p. 502.]
Idaho Code § 58-335B — Idaho Code / Title 58 / Chapter 3 / Section 58-335B
58-335B GOVERNOR'S HOUSING COMMITTEE LANDS EXEMPT FROM ACT.
Status: in_force

58-335B. Governor's housing committee lands exempt from act. Sections 58-331 through 58-335, Idaho Code, shall not apply to real property if acquired by or on behalf of the governor's housing committee pursuant to 67-455 or 67-455A, Idaho Code, as the same now exists or may from time to time be amended. This section shall apply to all real property acquired pursuant to section 67-455 or 67-455A, Idaho Code, before or after the effective date of this section.

History:

[58-335B, added 1999, ch. 336, sec. 3, p. 914.]
Idaho Code § 58-1202 — Idaho Code / Title 58 / Chapter 12 / Section 58-1202
58-1202 DEFINITIONS.
Status: in_force

58-1202. Definitions. For the purposes of this chapter, the following definitions apply:

(1) "Beds of navigable waters" means those lands lying under or below the "natural or ordinary high water mark" of navigable waters.

(2) "Natural or ordinary high water mark" means the line that water impresses on the soil by covering it for sufficient periods to deprive the soil of its vegetation and destroy its value for agricultural purposes. When the soil, configuration of the surface, or vegetation has been altered by man's activity, the natural or ordinary high water mark shall be located where it would have been if no alteration had occurred.

(3) "Navigable waters" means those waters that were susceptible to being used, in their ordinary condition, as highways for commerce on the date of statehood, under the federal test of navigability.

(4) "Private property rights" means the property rights located above the beds of navigable waters.

(5) "Public trust doctrine" means the common law rule relating to the title to the beds of navigable waters adopted by inference in section 73-116, Idaho Code.

History:

[58-1202, added 1996, ch. 342, sec. 1, p. 1148.]
Idaho Code § 58-304A — Idaho Code / Title 58 / Chapter 3 / Section 58-304A
58-304A FORFEITURE OF COTTAGE SITE LEASES — NEW LEASES — COLLECTIONS — DISPOSITION.
Status: in_force

58-304A. Forfeiture of cottage site leases — New leases — Collections — Disposition. Upon forfeiture of a cottage site lease as provided in section 39-3610, Idaho Code, as amended, the department issuing the cottage site lease shall, as a condition of any new lease of such cottage site, collect from the new lessee an amount equal to all unpaid connection fees or charges, monthly rates, tolls or charges, and special benefits payments, as certified by the district to the department as unpaid by the cottage site lessee whose cottage site lease was forfeited. Any amounts so collected shall be immediately transmitted by the department collecting the same to the state treasurer to be placed in the revolving fund for water and sewer districts established in section 58-141A, Idaho Code, taking his receipt therefor in duplicate, filing one (1) with the state controller and the other receipt in the office of the department.

History:

[58-304A, added 1979, ch. 100, sec. 4, p. 245; am. 1994, ch. 180, sec. 122, p. 503.]
Idaho Code § 58-102 — Idaho Code / Title 58 / Chapter 1 / Section 58-102
58-102 STATE LAND BOARD — PRESIDENT — QUORUM.
Status: in_force

58-102. State land board — President — Quorum. The governor shall be president of the board, but in his absence from any meeting, one (1) of the members may act as president pro tempore, and shall preside at such meeting. A majority of the members of said board shall constitute a quorum for the transaction of business.

History:

[(58-102) 1905, p. 131, sec. 2; reen. R.C. & C.L., sec. 1559; am. 1919, ch. 81, sec. 2, p. 289; C.S., sec. 2867; I.C.A., sec. 56-102.]
Idaho Code § 58-131 — Idaho Code / Title 58 / Chapter 1 / Section 58-131
58-131 COOPERATION OF STATE LAND BOARD IN SETTLEMENT OF FEDERAL IRRIGATION PROJECTS.
Status: in_force

58-131. Cooperation of state land board in settlement of federal irrigation projects. The state board of land commissioners of Idaho is hereby authorized to enter into agreements on behalf of the state of Idaho with the secretary of the interior of the United States for the cooperation by the state of Idaho with the United States in securing and selecting settlers and in promoting the settlement and development of irrigation projects, or divisions thereof, where such projects are constructed by the United States under the provisions of the United States Reclamation Act: provided, that no contract shall be entered into hereunder obligating the state of Idaho to pay any money until appropriation therefor has been made by the legislature.

History:

[(58-131) 1927, ch. 141, sec. 1, p. 183; I.C.A., sec. 56-131.]