Idaho Code § 58-314 — Idaho Code / Title 58 / Chapter 3 / Section 58-314
58-314 PLACE AND TERMS OF SALE — CASH SALES — NOXIOUS WEED DISTRICTS.
Status: in_force

58-314. Place and terms of sale — Cash sales — Noxious weed districts. All sales of state lands shall be held in Ada county unless otherwise directed by the state board of land commissioners. Any such sale held away from Ada county shall take place at the county seat of the county or one (1) of the counties in which such lands are situated unless otherwise directed by the board.

Terms of payment shall be cash on the day of sale, except that the state board of land commissioners may sell state lands on installments with the down payment, number of installments and interest on deferred payments to be set by the board, but in no case shall the down payment be less than ten percent (10%) of the purchase price or the number of annual payments greater than twenty (20). The purchaser shall always have the right to make full payment with accrued interest at any time. Interest on deferred payments shall be payable annually in advance on January first, and interest for the first year to January first next succeeding shall be paid at the time of purchase.

When, in an installment sale, the conditions hereinbefore prescribed have been complied with, the state board shall make and deliver to the purchaser a certificate of purchase containing the name of the purchaser, a description of the land, the sum paid, the amount remaining due, and the date at which each of the deferred payments falls due and the amount thereof, and the amount and date of the several payments of interest to be made thereon. Such certificate shall be signed by the governor and countersigned by the director of the department of lands and a record of the same kept by him in a suitable book. When, in the judgment of the board, a bond by a purchaser of state lands is necessary, the state board shall require such purchaser to give a bond upon such conditions as the said board may determine.

Whenever a purchaser of state lands shall have complied with all of the conditions of the sale, paid all purchase money with the lawful interest thereon, and shall furnish the director with satisfactory proof of payment of taxes levied and assessed against his equity in said lands for the current year, or with satisfactory proof that such taxes are otherwise secured, he shall receive a deed for the land purchased. Such deed shall be signed by the governor, and countersigned by the secretary of state and by the director and attested with the great seal of the state and the seal of the state board of land commissioners, and said deed shall operate to convey to the purchaser a good and sufficient title in fee simple: provided that the conveyance by said deed shall be subject to reasonable easements for all roads used by the public which exist at the time of sale, unless the county commissioners of the county in which such roads are situated approve the release of such easements and the deed expressly conveys said easements.

Interest on all deferred payments to be at the rate per annum set by the state board of land commissioners. All payments shall be made to the director.

On state lands hereafter sold under contract of sale in noxious weed control districts, or which may become a part of a noxious weed control district, it shall be the duty of the contract purchaser if the lands are, or may become, infested with noxious weeds to join such a district and pay for the eradication and/or control of noxious weeds on these lands. If within ninety (90) days after receiving a notice by registered mail from the state land department that the lands are infested with noxious weeds, he does not join such a weed control program the director may request the treatment of such lands by those in charge of the weed control district. When the cost of such treatment has been determined, the supervisor of the weed control district shall send a bill to the purchaser for such eradication of noxious weeds, and if the amount of said bill be not paid within ninety (90) days the state board of land commissioners may declare the contract of sale forfeited and cancel the same, and if the contract is canceled said bill for noxious weed eradication and/or control shall be paid from the state noxious weed control fund appropriated for the treatment of noxious weeds upon state lands.

History:

[(58-314) 1905, p. 131, sec. 20; reen. R.C., sec. 1580; am. 1913, ch. 91, sec. 1, p. 367; am. 1915, ch. 14, sec. 1, p. 50; am. 1917, ch. 100, sec. 1, p. 372; C.L., sec. 1580; C.S., sec. 2914; am. 1927, ch. 218, sec. 2, p. 315; I.C.A., sec. 56-314; am. 1933, ch. 79, sec. 1, p. 129; am. 1935, ch. 53, sec. 1, p. 99; am. 1949, ch. 262, sec. 1, p. 529; am. 1965, ch. 142, sec. 1, p. 277; am. 1969, ch. 317, sec. 1, p. 976; am. 1974, ch. 17, sec. 64, p. 308; am. 1974, ch. 205, sec. 1, p. 1533; am. 1980, ch. 322, sec. 1, p. 816; am. 1986, ch. 130, sec. 1, p. 336; am. 1992, ch. 241, sec. 8, p. 716; am. 2001, ch. 183, sec. 25, p. 635.]
Idaho Code § 58-1506 — Idaho Code / Title 58 / Chapter 15 / Section 58-1506
58-1506 AUDIT OF GRAZING DISTRICTS.
Status: in_force

58-1506. Audit of grazing districts. The legislative services office audits division is authorized to coordinate with the department of the interior in auditing the books of the advisory boards.

History:

[58-1506, added 2024, ch. 47, sec. 1, p. 256.]
Idaho Code § 58-905 — Idaho Code / Title 58 / Chapter 9 / Section 58-905
58-905 ACTIONS — PROOF OF IMPROVEMENTS.
Status: in_force

58-905. Actions — Proof of improvements. In any action for the possession of, or for any injury done to, a lot or parcel of land, situated in any city, town or village on the public lands, the plaintiff must be required to prove either an actual inclosure of the whole lot claimed by him, or the erection of a dwelling house or other substantial building on some part thereof, by himself or some person through whom he claims, and proof of such building, with or without inclosure, is sufficient to hold such lot or parcel to the bounds thereof, as indicated by the plat of such city, town or village, if there be one, and if there be no such plat, then to hold the same, with its full width and extent from and including such building to the nearest adjacent street, where the intervening space has not been previously claimed by adverse possession.

History:

[(58-905) 1874, p. 751, sec. 5; R.S., R.C., & C.L., sec. 4556; C.S., sec. 6975; I.C.A., sec. 56-805.]
Idaho Code § 58-1405 — Idaho Code / Title 58 / Chapter 14 / Section 58-1405
58-1405 COMPENSATION OF MEMBERS.
Status: in_force

58-1405. Compensation of members. Members of the commission may be compensated as provided in section 59-509(b), Idaho Code.

History:

[58-1405, added 1994, ch. 374, sec. 1, p. 1205.]
Idaho Code § 58-154 — Idaho Code / Title 58 / Chapter 1 / Section 58-154
58-154 SALE AND LEASE OF STATE LAND — TIMBER — MINERALS — OTHER INTERESTS — INTERFERENCE WITH APPLICATION, AUCTION OR BID PROCESS — PENALTY.
Status: in_force

58-154. Sale and lease of state land — Timber — Minerals — Other interests — Interference with application, auction or bid process — Penalty. It shall be unlawful for any person, firm, partnership, or corporation to offer to accept, or to accept, compensation of any type in exchange for the withdrawal of a bid, or for the withdrawal of an application to bid, lease, or purchase, any state owned land, or timber, minerals, or other interest, or for foregoing a right to bid at any auction for the sale or lease thereof. Further, it shall be unlawful for any person, firm, partnership or corporation to offer to pay, or to pay, compensation of any type in exchange for the withdrawal of a bid, or for the withdrawal of an application to bid, lease, or purchase, any state owned land or timber, minerals, or other interest, or to cause or attempt to cause, another person, firm, partnership or corporation to forego a right to bid at any auction for the sale or lease thereof.

Every person, firm, partnership or corporation violating the provisions of this section shall be guilty of an offense against the state. Such an offense shall be punishable by a fine of not less than one hundred dollars ($100) or by imprisonment in the county jail for not less than three (3) months nor more than one (1) year, or by imprisonment in the state penitentiary for a period not exceeding three (3) years, or by a fine not exceeding one thousand dollars ($1,000).

History:

[58-154, added 1974, ch. 254, sec. 1, p. 1664.]
Idaho Code § 58-1309 — Idaho Code / Title 58 / Chapter 13 / Section 58-1309
58-1309 RESTORATION — MITIGATION OF DAMAGES.
Status: in_force

58-1309. Restoration — Mitigation of damages. Any person legally found to be wrongfully encroaching on, in or above the beds or waters of a navigable lake shall, in lieu of or in addition to penalties provided herein, be directed by the court to restore the lake to as near its condition immediately prior to the unauthorized encroachment as possible or to effect such other measures as recommended by the board and ordered by the court toward mitigation of any damage caused by or resulting from such unlawful encroachment.

History:

[(58-1309) I.C., sec. 58-150, as added by 1974, ch. 243, sec. 9, p. 1608; 1990, redesignated, ch. 362, sec. 9, p. 985.]
Idaho Code § 58-311 — Idaho Code / Title 58 / Chapter 3 / Section 58-311
58-311 LEASES OF MINERAL SPRINGS.
Status: in_force

58-311. Leases of mineral springs. The state board of land commissioners shall have full power and authority to make leases of the lands of the state of Idaho, containing mineral springs or mineral waters for such periods as they may deem advisable, not exceeding fifty (50) years, for the purpose of preserving and improving such mineral springs or waters situated upon state lands, and for the purpose of establishing sanitariums thereon.

No contract or leases as provided in this section shall be made in any form which would exclude the free use by the general public of any such mineral springs or mineral waters for the purpose of bathing or drinking.

History:

[(58-311) 1909, p. 67; reen. C.L., sec. 1577a; C.S., sec. 2911; I.C.A., sec. 56-311.]
Idaho Code § 58-156 — Idaho Code / Title 58 / Chapter 1 / Section 58-156
58-156 ENDOWMENT LAND — CLOSURE, RESTRICTION, REGULATION, OR PROHIBITION.
Status: in_force

58-156. ENDOWMENT LAND — closure, restriction, regulation, or prohibition. (1) Whenever the state board of land commissioners has promulgated rules pursuant to chapter 52, title 67, Idaho Code, for the closure of endowment lands or for restricting, regulating, or prohibiting specified activities on state endowment lands, the board shall provide notice of such closure, restriction, regulation, or prohibition to the public as follows:

(a) Notices shall be posted on the Idaho department of lands website and made available at the department's supervisory area offices; and

(b) Notices shall also be posted at gates or road or trail entry points onto the endowment land to which they apply and shall state:

(i) "Use restrictions apply" or similar wording; and

(ii) A website address and phone number for contacting the department.

(2) Violation of any properly posted closure, restriction, regulation, or prohibition of endowment lands promulgated by the state board of land commissioners pursuant to subsection (1) of this section shall be punishable as follows:

(a) A warning ticket and advisory of the applicable closure, restriction, regulation, or prohibition shall be issued to the violator if it is the violator's first offense under this section within five (5) years.

(b) If the violation is the violator's second violation of this section within five (5) years of any prior conviction or warning under this section, the violation shall be an infraction punishable by a fine of two hundred fifty dollars ($250).

(c) If the violation is the violator's third violation of this section within five (5) years of any prior conviction or warning under this section, the violation shall be a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail for no more than six (6) months or both.

(d) For any offense that is accompanied by any actual physical harm, injury, or damage to personal property or natural resources, the violation shall be treated as criminal trespass pursuant to section 18-7008, Idaho Code, and subject to the penalties for criminal trespass with damage set forth in section 18-7008(3)(b).

(3) For any conviction under subsection (2)(b) or (c) of this section, the court shall additionally impose an order of restitution directing that the violator pay restitution to the Idaho department of lands in an amount sufficient to repair, replace, or correct any actual physical harm, injury, or damage to personal property or natural resources resulting from the violation.

(4) For any conviction under subsection (2)(b) or (c) of this section, the court may, in its discretion, additionally impose an order requiring the violator to undergo boating, off-road, and/or snowmobile operator education classes offered by the Idaho department of parks and recreation.

History:

[58-156, added 2023, ch. 80, sec. 1, p. 273.]
Idaho Code § 58-1503 — Idaho Code / Title 58 / Chapter 15 / Section 58-1503
58-1503 GRAZING BOARD CENTRAL COMMITTEE — OVERSIGHT.
Status: in_force

58-1503. grazing board central committee — OVERSIGHT. (1) The Idaho state department of agriculture shall carry out the provisions of this chapter. The department is authorized to seek appropriation and to receive contributions, gifts, and grants for the purpose of carrying out the provisions of this chapter. The grazing board central committee provided for in section 57-1205, Idaho Code, shall make recommendations to the department.

(2) In addition to those members serving on the grazing board central committee, the governor shall appoint two (2) additional members who are livestock producers from nominations made by the Idaho cattle association and the Idaho wool growers association. The two (2) additional members shall serve at large on the board and their terms shall be for two (2) years. The two (2) livestock producer members shall serve at the pleasure of the governor. If any livestock producer member's seat is vacated, the governor shall appoint a replacement to serve out the vacated term from nominations received from the Idaho cattle association and the Idaho wool growers association.

(3) Regional boards as provided for in section 57-1204, Idaho Code, shall provide advice and recommendations to the grazing board central committee.

History:

[58-1503, added 2024, ch. 47, sec. 1, p. 255.]
Idaho Code § 58-319 — Idaho Code / Title 58 / Chapter 3 / Section 58-319
58-319 LAND BOARD TO DETERMINE VALIDITY OF CLAIMS.
Status: in_force

58-319. Land board to determine validity of claims. The state board of land commissioners may hear and determine the claims of all persons who may claim to be entitled, in whole or in part, to any lands owned by this state, and the decision of said board shall be final until set aside by a court of competent jurisdiction, and the board shall have power to establish such rules and regulations as in their opinion may be proper or necessary to prevent fraudulent applications.

History:

[(58-319) 1905, p. 131, sec. 24; reen. R.C. & C.L., sec. 1585; C.S., sec. 2919; I.C.A., sec. 56-319.]
Idaho Code § 58-1416 — Idaho Code / Title 58 / Chapter 14 / Section 58-1416
58-1416 DISSOLUTION OF THE COMMISSION.
Status: in_force

58-1416. Dissolution of the commission. (1) Subject to the conditions set forth in this section, the commission may be dissolved upon a majority vote by the commission. No such vote may take place at anytime prior to three (3) years from the date of enactment of this chapter. No such vote may be taken unless first approved by a majority vote of those entities responsible for nominating commission members.

(2) Should such dissolution as described in this section occur, any unencumbered funds held by the commission shall be distributed by the commission or as prescribed by state law.

History:

[58-1416, added 1994, ch. 374, sec. 1, p. 1207.]
Idaho Code § 58-706 — Idaho Code / Title 58 / Chapter 7 / Section 58-706
58-706 CONSENT TO LAND PURCHASE FOR STREAM FLOW PROTECTION AND OTHER PURPOSES.
Status: in_force

58-706. Consent to land purchase for stream flow protection and other purposes. Consent of the state of Idaho is hereby given for the acquisition by the United States by purchase, of such lands in the state of Idaho, as in the opinion of the secretary of agriculture may be needed for stream flow protection, production of timber, erosion control, and/or other purposes, subject to the right of the state to cause its civil and criminal processes to be executed on such lands and to punish offenses against the laws of the state committed on lands so acquired.

History:

[58-706, added 1935, ch. 37, sec. 1, p. 66.]
Idaho Code § 58-1411 — Idaho Code / Title 58 / Chapter 14 / Section 58-1411
58-1411 BONDS OF AGENTS AND EMPLOYEES.
Status: in_force

58-1411. Bonds of agents and employees. Any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form, and manner as prescribed in chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this chapter.

History:

[58-1411, added 1994, ch. 374, sec. 1, p. 1206.]
Idaho Code § 58-302 — Idaho Code / Title 58 / Chapter 3 / Section 58-302
58-302 GRAZING MANAGEMENT PLANS.
Status: in_force

58-302. grazing management plans. (1) As used in this section, "grazing management plan" means a written agreement between the lessee and the department of lands, or between the lessee and another public agency and approved by the department, designed to meet the resource objectives identified by the department, including any criteria provided by the department in rule.

(2) All applicants for state grazing leases shall submit a grazing management proposal that addresses resource concerns, as identified by the department, no later than the deadline to apply for the lease.

(3) Provided however, a current lessee with a grazing management plan in place is not required to submit a grazing management proposal pursuant to this section unless:

(a) The department of lands makes a written request for a new grazing management proposal from the current lessee; or

(b) The current lessee desires to modify the existing grazing management plan, in which case a written request with the modified management proposal must be submitted no later than the deadline to apply for the lease.

History:

[58-302, added 2012, ch. 256, sec. 1, p. 708.]
Idaho Code § 58-1401 — Idaho Code / Title 58 / Chapter 14 / Section 58-1401
58-1401 DECLARATION OF POLICY.
Status: in_force

58-1401. Declaration of policy. It is in the interest of all the people of Idaho that the abundant rangeland resources of the counties and the state be properly managed to produce multiple resources and values along with sustained yields of forage and fiber to support the economic welfare of the counties and the state. Because rangeland management, on both public and private lands, is important to each citizen of the state, it is the purpose by the enactment of this chapter to promote the economic and environmental welfare of the counties and the state by providing a means for the collection and dissemination of information and research regarding the management and uses of the county's and the state's public and private rangeland resources and the livestock grazing industry.

History:

[58-1401, added 1994, ch. 374, sec. 1, p. 1203.]
Idaho Code § 58-205 — Idaho Code / Title 58 / Chapter 2 / Section 58-205
58-205 LIEU SELECTIONS FOR LOST SCHOOL LANDS.
Status: in_force

58-205. Lieu selections for lost school lands. When the state board of land commissioners ascertain that what would be, if surveyed, sections 16 and 36, or any part or parts thereof, granted to the state, fall upon any lake or navigable river and that the quantity of land intended to be conveyed as sections 16 and 36 is lost to the state thereby, it shall be the duty of said board to apply to the secretary of the interior for permission to select indemnity lands in lieu of the loss in quantity so sustained by the state.

History:

[(58-205) 1911, ch. 6, sec. 4, p. 17; reen. C.L. 120:5; C.S., sec. 2900; I.C.A., sec. 56-205.]
Idaho Code § 58-205A — Idaho Code / Title 58 / Chapter 2 / Section 58-205A
58-205A ADDITIONAL SCHOOL LANDS.
Status: in_force

58-205A. Additional school lands. All lands, title to which is acquired by the state by escheat shall be held and treated as school lands, and may be sold and disposed of in the same manner. Said lands shall be under the charge and control of the state board of land commissioners.

History:

[58-205A, added 1963, ch. 153, sec. 1, p. 454.]
Idaho Code § 58-128 — Idaho Code / Title 58 / Chapter 1 / Section 58-128
58-128 DEPOSIT AND CONTROL OF FUNDS.
Status: in_force

58-128. Deposit and control of funds. The state board of land commissioners shall daily deposit with the state treasurer all money and evidences of indebtedness received by the board. The state board of land commissioners may draw upon funds within their jurisdiction in the hands of the state treasurer for the payment of all expenses and demands in the management, protection and control of the state lands.

History:

[(58-128) Based upon 1909, p. 360, sec.sec. 1, 3; compiled and reen. C.L., sec. 1566a; C.S., sec. 2893; I.C.A., sec. 56-128.]
Idaho Code § 58-1414 — Idaho Code / Title 58 / Chapter 14 / Section 58-1414
58-1414 STATE NOT LIABLE FOR ACTS OR OMISSIONS OF THE COMMISSION OR OF ITS EMPLOYEES.
Status: in_force

58-1414. State not liable for acts or omissions of the commission or of its employees. The state of Idaho is not liable for the acts or omissions of the commission or any member thereof or any officer, agent or employee thereof.

History:

[58-1414, added 1994, ch. 374, sec. 1, p. 1207.]
Idaho Code § 58-104A — Idaho Code / Title 58 / Chapter 1 / Section 58-104A
58-104A THREE DIVISION HEADS — DIRECTION AND CONTROL — AREAS OF OPERATION — QUALIFICATIONS — APPLICATIONS.
Status: in_force

58-104A. three division heads — Direction and control — Areas of operation — Qualifications — Applications. The director shall have power to appoint three (3) division heads who shall be known as administrators, one (1) to handle matters concerning lands, minerals and grazing; one (1) to handle matters concerning forestry and fire; and one (1) to handle matters of oil and gas conservation. The qualifications of the division administrator for forestry and fire shall be graduation from a full four (4) year college course with a bachelor's degree, with a major in forestry including five (5) years of technical experience in the forestry-land management field; or, ten (10) years of successful and progressive technical experience of forestry and land management activities of such a nature as to enable the applicant to perform his duties successfully at the professional level. The qualifications of the division administrator for oil and gas conservation shall be graduation from a full four (4) year college course with a bachelor's degree, with a major in geology or petroleum engineering including five (5) years of technical experience in the oil and gas management field; or, ten (10) years of successful and progressive technical experience of oil and gas conservation management activities of such a nature as to enable the applicant to perform his duties successfully at the professional level.

History:

[58-104A, added 1967, ch. 315, sec. 26, p. 906; am. 1974, ch. 17, sec. 41, p. 308; am. 2017, ch. 214, sec. 1, p. 519.]
Idaho Code § 58-406 — Idaho Code / Title 58 / Chapter 4 / Section 58-406
58-406 SALE OF PARCELS — ADVERTISEMENT OF SALE.
Status: in_force

58-406. Sale of parcels — Advertisement of sale. (1) Whenever the state board of land commissioners directs a sale of timber, it shall direct such sale in such parcels as it deems for the best interests of the state.

(2) All sales of timber on state lands, where sold separate from the lands, shall be advertised in one (1) or more newspapers, to be designated by the board, one (1) of which shall be in the county where such timber is located, if there be such paper, if not, then in some newspaper published in an adjoining county, and if such timber is located in more than one (1) county, then in some newspaper in each of the said counties, if there be such paper, if not, then in some newspaper published in an adjoining county, once a week for four (4) consecutive weeks, except that in cases of catastrophic damage caused by insect, weather, or fire, the state board of land commissioners may direct an advertisement of less than four (4) consecutive weeks.

(3) The advertisement shall set forth the time and place of the sale, a description of the land by legal subdivisions on which such timber is situated, the length of time allowed for harvesting the timber, and the minimum price below which no bid shall be accepted.

(4) Small sales of timber, not exceeding one million (1,000,000) board feet in volume, according to the cruiser's estimate, and not exceeding a maximum value established by the state board of land commissioners, may be made as provided herein, except that only one (1) publication of advertisement shall be necessary and the date of sale shall be set not less than four (4) days after date of publication.

(5) Very small sales of timber, not exceeding two hundred thousand (200,000) board feet and not exceeding a maximum value established by the state board of land commissioners, may be made without advertisement and upon approval of the director of the department of lands.

History:

[(58-406) 1905, p. 145, sec. 7; reen. R.C. & C.L., sec. 1594; C.S., sec. 2931; am. 1921, ch. 38, sec. 4, p. 48; I.C.A., sec. 56-406; am. 1955, ch. 15, sec. 1, p. 18; am. 1963, ch. 29, sec. 1, p. 170; am. 1969, ch. 200, sec. 1, p. 587; am. 1974, ch. 17, sec. 69, p. 308; am. 1978, ch. 253, sec. 1, p. 554; am. 1987, ch. 63, sec. 1, p. 114; am. 1990, ch. 124, sec. 1, p. 294; am. 1993, ch. 29, sec. 1, p. 97; am. 1995, ch. 165, sec. 1, p. 647; am. 2005, ch. 162, sec. 1, p. 497.]
Idaho Code § 58-115 — Idaho Code / Title 58 / Chapter 1 / Section 58-115
58-115 COOPERATION WITH OTHER STATE DEPARTMENTS.
Status: in_force

58-115. Cooperation with other state departments. The department of lands shall, so far as practicable, cooperate with the other state departments in the employment of services and the use of quarters and equipment. The director may empower or require an employee of another department, subject to the consent of the superior officer of the employee, to perform any duty which he might require of his own subordinates and may likewise require his subordinates to act for other departments.

History:

[(58-115) 1919, ch. 81, sec. 15, p. 289; C.S., sec. 2880; I.C.A., sec. 56-115; am. 1974, ch. 17, sec. 46, p. 308.]
Idaho Code § 58-1103 — Idaho Code / Title 58 / Chapter 11 / Section 58-1103
58-1103 ACQUISITION OF IMPROVEMENTS ADVERSELY AFFECTED BY USE OF REAL PROPERTY ACQUIRED — RIGHTS OF TENANTS — ALTERNATE MODES OF PAYMENT — RIGHTS UNDER OTHER LAWS SAVED.
Status: in_force

58-1103. Acquisition of improvements adversely affected by use of real property acquired — Rights of tenants — Alternate modes of payment — Rights under other laws saved. (a) Notwithstanding any other provision of the laws of this state, if the department, a political subdivision, or an agency acquires any interest in real property, it may acquire at least an equal interest in all buildings, structures, or other improvements located on the real property so acquired and which it determines will be adversely affected by the use to which such real property will be put.

(b) For the purpose of determining just compensation to be paid for any building, structure, or other improvement acquired under subsection (a) of this section, such building, structure, or other improvement may be deemed to be a part of the real property to be acquired, notwithstanding the right or obligation of a tenant as against the owner of any other interest in the real property, to remove such building, structure, or improvement at the expiration of his term.

(c) The tenant may be paid the greater of (1) the fair market value of the building, structure, or improvement which the building, structure, or improvement contributes to the fair market value of the real property to be acquired, or (2) the fair market value of the building, structure, or improvement when its removal is considered in the appraisal.

(d) Payment under subsection (b) or (c) of this section shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration of any such payment, the tenant shall assign, transfer, and release to the department, political subdivision, or agency all his right, title, and interest in and to such improvements.

(e) Nothing contained in subsections (b), (c), or (d) of this section shall be construed to deprive the tenant of any rights to reject payment under subsections (b), (c), or (d) of this section and to obtain payment for such property interest in accordance with applicable law.

History:

[58-1103, added 1971, ch. 158, sec. 3, p. 774.]
Idaho Code § 58-1311 — Idaho Code / Title 58 / Chapter 13 / Section 58-1311
58-1311 DISCLAIMER OF STATE PROPERTY RIGHTS IN PRIVATE LANDS.
Status: in_force

58-1311. Disclaimer of state property rights in private lands. While the state asserts the right to regulate and control all encroachments, navigational or nonnavigational, upon, in or above the beds or waters of navigable lakes as provided for in this act, nothing contained in this act shall be construed to vest in the state of Idaho any property right or claim of such right to any private lands lying above the natural or ordinary high water mark of any navigable lake.

History:

[(58-1311) I.C., sec. 58-152, as added by 1974, ch. 243, sec. 11, p. 1608; 1990, redesignated, ch. 362, sec. 11, p. 986.]
Idaho Code § 58-704 — Idaho Code / Title 58 / Chapter 7 / Section 58-704
58-704 LAVA HOT SPRINGS — DESCRIPTION OF LANDS.
Status: in_force

58-704. Lava Hot Springs — Description of lands. The lands or such portion thereof as may be necessary and convenient for the location of, and for a site for such national veterans' sanatorium or hospital, and which this act declares may be conveyed as provided in section 58-703, are particularly described as follows:

The northwest quarter (NW1/4) of the southwest quarter (SW1/4) and the lots nine (9) and ten (10) in section twenty-two (22), and the lots seven (7) and eight (8) in section twenty-one (21) in township nine (9) south of range thirty-eight (38) east of the Boise meridian in Idaho, and the waters and water rights appurtenant thereto.

History:

[(58-704) 1931, ch. 196, sec. 2, p. 340; I.C.A., sec. 56-604.]
Idaho Code § 58-303 — Idaho Code / Title 58 / Chapter 3 / Section 58-303
58-303 PERMITS.
Status: in_force

58-303. permits. (1) At any time, a current state grazing lessee may make application to the department of lands to convert his state grazing lease into a state grazing permit if the lessee believes the land is so qualified. Application forms shall be provided by the department. Upon application, the department shall conduct research to determine if the land within the state grazing lease that is the subject of the application is qualified for a state grazing permit.

(2) To qualify for a state grazing permit, the land within the state grazing lease must have been received by the state through an exchange from the federal government on or after January 1, 2019.

(3) Within forty-five (45) days of application, the department shall determine if the land within the state grazing lease that is the subject of the application is qualified. If qualified, the permit shall be approved. If the land does not qualify, the applicant shall be notified of the reasons that the land does not qualify.

(4) A state grazing permit shall be valid for a minimum of ten (10) years and shall be subject to the same terms and conditions as a state grazing lease, including the annual payment pursuant to section 58-304, Idaho Code. Upon expiration of a state grazing permit, such permit shall be automatically renewed as long as the preponderance of evidence shows that the permittee has complied with the terms and conditions of the grazing permit. Such state grazing permit shall be an appurtenance to the base property.

(5) If the preponderance of evidence shows that the permittee has been out of compliance with the terms and conditions of the state grazing permit, the department shall recommend to the state board of land commissioners that the permit be canceled. Upon adoption of such recommendation by the state board of land commissioners, the permittee shall be entitled to judicial review prior to the cancellation becoming final. If the court finds in favor of the permittee, the permit shall be renewed. If the court finds in favor of canceling the permit, the permit shall be canceled and the land shall be subject to a state grazing lease.

History:

[58-303, added 2024, ch. 38, sec. 2, p. 240.]
Idaho Code § 58-305 — Idaho Code / Title 58 / Chapter 3 / Section 58-305
58-305 PAYMENT OF RENTAL IN ADVANCE — EXTENSION OF TIME — ADJUSTMENT OF COMPETITIVE BID RENTAL RATES.
Status: in_force

58-305. Payment of rental in advance — Extension of time — Adjustment of competitive bid rental rates. All leases of state land, except mineral leases, shall be conditional upon the payment of rental, in advance, and a violation of this condition shall work a forfeiture of the lease, at the option of the state board of land commissioners, after thirty (30) days' notice to the lessee, such notice being sent to the post office of the lessee, as given by himself to the director of the department of lands when the lease is issued: provided however, that upon the application of any person, firm, corporation or association from whom such rent is or will be owing, the state board of land commissioners is hereby given authority and power to, in its discretion, extend the time of payment of such moneys for said leases for not to exceed two (2) successive years: provided, that the applicant enters into an agreement with the said state board of land commissioners to pay the interest on said amount of rent money from January 1 of the year which the same is otherwise due, to the date of payment, at the rate per annum set by the state board of land commissioners; that this authority shall extend to amounts due on outstanding leases, leases renewed and new applications for leases. Lease rental rates established by competitive bidding may not be adjusted during the term of a lease, except that the state board of land commissioners upon a finding of a material change of circumstances from those existing at the time of auction, may, after a majority vote of those present, reduce the rental to no less than fair market value.

History:

[58-305, added 1905, p. 131, sec. 14; reen. R.C. & C.L., sec. 1573; C.S., sec. 2906; am. 1921, ch. 27, sec. 1, p. 35; am. 1923, ch. 7, sec. 1, p. 7; am. 1925, ch. 42, sec. 1, p. 59; I.C.A., sec. 56-305; am. 1951, ch. 53, sec. 1, p. 76; am. 1971, ch. 264, sec. 1, p. 1063; am. 1974, ch. 17, sec. 59, p. 308; am. 1978, ch. 283, sec. 1, p. 689; am. 1980, ch. 323, sec. 1, p. 818; am. 2000, ch. 84, sec. 2, p. 177.]
Idaho Code § 58-1304 — Idaho Code / Title 58 / Chapter 13 / Section 58-1304
58-1304 ENCROACHMENT ON NAVIGABLE LAKES — RULES AND REGULATIONS.
Status: in_force

58-1304. Encroachment on navigable lakes — Rules and regulations. The board may adopt, revise and rescind such rules and regulations and issue such general orders as may be necessary to effectuate the purposes and policy of this chapter within the limitations and standards set forth in this chapter. Rules, regulations and orders adopted or issued pursuant to this section may include, but are not limited to, minimum standards to govern projects or activities for which a permit or permits have been received under this chapter and regulations governing procedures for processing applications and issuing permits under this chapter. Minimum standards shall not be adopted pursuant to this section until after they have been offered for review and comment to other state agencies having an interest in activities regulated under this chapter. Any standards, rules, regulations and general orders adopted or issued pursuant to this section shall be promulgated in accordance with the provisions of chapter 52, title 67, Idaho Code, to the extent that the provisions of chapter 52, title 67, Idaho Code, are not inconsistent herewith.

History:

[(58-1304) I.C., sec. 58-145, as added by 1974, ch. 243, sec. 4, p. 1608; 1990, redesignated, ch. 362, sec. 4, p. 981.]
Idaho Code § 58-1305 — Idaho Code / Title 58 / Chapter 13 / Section 58-1305
58-1305 NONCOMMERCIAL NAVIGATIONAL ENCROACHMENTS — PROCEDURES — REPAIRS — FORMS.
Status: in_force

58-1305. Noncommercial navigational encroachments — Procedures — Repairs — Forms. (a) Applications for construction or enlargement of navigational encroachments not extending beyond the line of navigability nor intended primarily for commercial or community use shall be processed by the board with a minimum of procedural requirements and shall not be denied nor appearance required except in the most unusual of circumstances or if the proposed encroachment infringes upon or it appears it may infringe upon the riparian or littoral rights of an adjacent property owner.

(b) If the plans of the proposed encroachment indicate such infringement will or may occur, the board shall require that the applicant secure the consent of such adjacent owner or that he be given notice of the application by personal service or by certified or registered mail, return receipt requested, directed to him at his usual place of address, which, if not otherwise known, shall be the address shown on the records of the county treasurer or assessor, and such adjacent owner shall have ten (10) days from the date of personal service or receipt of certified or registered mail to file objection with the board. The application itself shall be deemed sufficient notice if the adjacent owner is the state of Idaho.

(c) In the event objection to the application is filed by an adjacent owner or if the board deems it advisable because of the existence of unusual circumstances, the board shall fix a time, no later than sixty (60) days from the date of filing application, and a place, for affording the applicant and the adjacent owner filing objection to appear and present evidence in support of or in opposition to the application and within forty-five (45) days thereafter shall render a decision and give notice thereof to the parties concerned who may thereafter resort to appellate procedures prescribed in section 58-1306, Idaho Code.

(d) A permit shall not be required for repair of an existing navigational encroachment.

(e) A permit shall not be required for replacement of an existing navigational encroachment if all the following conditions are met:

(1) The existing encroachment is covered by a valid permit in good standing.

(2) The existing encroachment meets the current requirements for new encroachments.

(3) The location and orientation of the replacement do not change from the existing encroachment.

(4) The replacement will be the exact same size or smaller and the same shape as the existing encroachment.

(5) The replacement will not be located closer to adjacent littoral right lines than the existing encroachment.

(f) Applications submitted under this section shall be upon forms to be furnished by the board and shall be accompanied by plans of the proposed navigational encroachment containing information required by section 58-1302(k), Idaho Code, and such other information as the board may by rule require in conformance with the intent and purpose of this chapter.

(g) If notice to an adjacent owner is not required or if the adjacent owner has consented to the proposed encroachment or has failed to file objection to the proposed encroachment within the time allowed following service of notice, the board shall act upon the application as expeditiously as possible but no later than sixty (60) days from receipt of the application and failure to act within such time shall constitute approval of the application.

(h) All permits issued for noncommercial navigational encroachments shall be recorded in the records of the county in which the encroachment is located and shall be a condition of issuance of a permit. Proof of recordation shall be furnished to the department by the permittee before a permit becomes valid. Such recordation shall be at the expense of the permittee. Recordation of an issued permit serves only to provide constructive notice of the permit to the public and subsequent purchasers and mortgagees, but conveys no other right, title or interest on the permittee other than validation of said permit.

History:

[(58-1305) 58-146, as added by 1974, ch. 243, sec. 5, p. 1608; 1990, am. and redesignated, ch. 362, sec. 5, p. 982; am. 2006, ch. 131, sec. 1, p. 382; am. 2006, ch. 132, sec. 1, p. 385; am. 2010, ch. 124, sec. 1, p. 270.]
Idaho Code § 58-313 — Idaho Code / Title 58 / Chapter 3 / Section 58-313
58-313 SALE OF STATE LAND.
Status: in_force

58-313. Sale of state land. The state board of land commissioners may at any time direct the sale of any state lands, in such parcels as they shall deem for the best interests of the state. All sales of state lands shall be advertised in four (4) consecutive issues of some weekly newspaper in the county in which the land is situated, if there be such paper, if not, then in some newspaper published in an adjoining county, and in such other paper or papers as the board may direct. The advertisement shall state the time, place and terms of sale, a description of the land and value of the improvements, if any, thereon, and the minimum price per acre of each parcel as fixed by the board, below which no bid shall be received: provided, that sales of state lands shall only be made to citizens of the United States and to those who shall have declared their intentions to become such. If the required sum be not paid forthwith by the highest bidder any lands upon which such payment shall not be made may be immediately reoffered at public sale as before. If any land be sold on which surface improvements have been made by a lessee, or by a former purchaser whose certificate of purchase has for any reason been canceled, said improvements shall be appraised under the direction of the state board of land commissioners. When lands on which improvements have been made, as above, are sold, the purchaser, if other than the owner or former owner of said improvements, shall pay the appraised value of said improvements to the owner thereof, or to the former purchaser who placed the same thereon, taking a receipt therefor, and shall deposit such receipt with the state board of land commissioners before he shall be entitled to a certificate of purchase or patent of said land: provided, the lessee or former owner is not indebted to the state for delinquent rentals or instalment payments on said land. If he is indebted to the state, the value of the improvements shall be credited on his indebtedness and the surplus, if any, be paid to him. All such receipts shall be filed and preserved in the office of said board: provided, that no school lands shall be sold for less than their appraised value nor for less than ten dollars ($10.00) per acre; provided, further, that in the case of the sale of land leased as grazing land and which is too rough, rocky or steep to be reclassified as farming land, the lessee, if he is not the successful bidder, shall be entitled to continue in possession under the lease for a period of two (2) years from the first day of December next occurring after the date of sale at public auction of said land or until expiration of the lease, whichever period shall be shorter. During such period, all rental earned shall belong to the purchaser subject to the following provisions:

(1) If the land is sold upon instalment contract to the purchaser, the lessee shall continue to make rental payments to the director of the department of lands and the amount of rental earned after the date of sale shall, when received, be applied against and reduce the principal or interest, or both, payable by the purchaser;

(2) If the purchaser pays the purchase price in full, all rentals earned after the date of sale shall be paid directly to the purchaser. However, no lessee of state lands shall have any right to remain in possession under his lease upon the sale of such state lands for home or cabin site purposes, as provided by the regulations of the state board of land commissioners.

History:

[(58-313) 1905, p. 131, sec. 19; reen. R.C. & C.L., sec. 1579; C.S., sec. 2913; am. 1927, ch. 218, sec. 1, p. 315; I.C.A., sec. 56-313; am. 1933, ch. 9, sec. 1, p. 8; am. 1937, ch. 148, sec. 1, p. 243; am. 1965, ch. 178, sec. 1, p. 364; am. 1967, ch. 130, sec. 1, p. 299; am. 1974, ch. 17, sec. 63, p. 308.]
Idaho Code § 58-1412 — Idaho Code / Title 58 / Chapter 14 / Section 58-1412
58-1412 APPOINTMENT OF STAFF, DUTIES, SALARY.
Status: in_force

58-1412. Appointment of staff, duties, salary. The commission may appoint clerical or other staff, on either a full or part-time basis, who shall devote their time to the administration of the provisions of this chapter. The staff shall be paid reasonable salaries as fixed by the commission, commensurate with their duties and experience.

History:

[58-1412, added 1994, ch. 374, sec. 1, p. 1206.]
Idaho Code § 58-1501 — Idaho Code / Title 58 / Chapter 15 / Section 58-1501
58-1501 SHORT TITLE.
Status: in_force

58-1501. short title. This chapter shall be known and may be cited as the "Rangeland Improvement Act."

History:

[58-1501, added 2024, ch. 47, sec. 1, p. 254.]
Idaho Code § 58-306 — Idaho Code / Title 58 / Chapter 3 / Section 58-306
58-306 NOTICE OF LIEN FOR RENT.
Status: in_force

58-306. Notice of lien for rent. Whenever state land is leased, the director of the department of lands may file with the county recorder of the county in which said land is situated a notice of lien, stating the description of the land, the number of the lease and the name of the lessee, the dates of the execution and expiration of the lease, and that the state claims a lien on any crops grown upon said land for the payment of the rental, during the term of said lease or any extension thereof. From and after the recording of said notice, the claim of the state for rental for said leased land, during the original term of said lease or any extension thereof, shall constitute a lien on any crops grown on such lands, prior to and superior to the lien of any chattel mortgage, any labor lien, or any other claim or lien thereon.

History:

[(58-306) C.S., sec. 2906A, as added by 1925, ch. 38, sec. 1, p. 52; I.C.A., sec. 56-306; am. 1974, ch. 17, sec. 60, p. 308; am. 1992, ch. 241, sec. 4, p. 714.]
Idaho Code § 58-121 — Idaho Code / Title 58 / Chapter 1 / Section 58-121
58-121 RECORDS OF LAND BOARD.
Status: in_force

58-121. Records of land board. It shall be the duty of the director of the department of lands to keep the records of the state board of land commissioners; to make out and countersign all patents and leases issued by the president of the said board to purchasers and lessees of state lands, and to keep a suitable record of the same; to file and preserve the bonds of lessees and those given by purchasers to secure deferred payments; to make and deliver to purchasers suitable certificates of purchase; to have the custody of the seal of the state board of land commissioners; to keep the minutes of the board, and to perform such other duties concerning the land affairs of the state as the board may direct.

History:

[(58-121) 1905, p. 131, parts of sec. 5; am. 1907, p. 312, sec. 1; reen. R.C., sec. 1562; am. 1909, p. 79, sec. 1; am. 1915, ch. 102, sec. 1, p. 240; compiled and reen. C.L., sec. 1562; am. 1919, ch. 8, sec. 41, p. 66; C.S., sec. 2886; I.C.A., sec. 56-121; am. 1974, ch. 17, sec. 48, p. 308.]
Idaho Code § 58-112 — Idaho Code / Title 58 / Chapter 1 / Section 58-112
58-112 LAND OFFICIALS PROHIBITED FROM BUYING STATE LANDS — PENALTIES.
Status: in_force

58-112. Land officials prohibited from buying state lands — Penalties. The members of the state board of land commissioners, the officers, clerks and employees of the department of lands are prohibited from directly or indirectly purchasing or becoming interested in the purchase of any of the public lands of the state. Any person who violates the provisions of this section is guilty of a misdemeanor and subject to removal from office.

History:

[(58-112) 1919, ch. 81, sec. 12, p. 289; C.S., sec. 2877; I.C.A., sec. 56-112; am. 1974, ch. 17, sec. 44, p. 308.]
Idaho Code § 58-307 — Idaho Code / Title 58 / Chapter 3 / Section 58-307
58-307 TERM OF LEASE — APPLICATION FOR RENEWAL — ALLOWANCE FOR IMPROVEMENTS.
Status: in_force

58-307. Term of lease — Application for renewal — Allowance for improvements. (1) No lease of state trust lands shall be for a longer term than twenty (20) years.

(2) Notwithstanding any other provisions of law, all state lands may be leased for a period of up to twenty-five (25) years to the federal government, to federal agencies, state agencies, counties, or cities, school districts or political subdivisions when leased for public purposes. Such leases for public purposes may be entered into by negotiation and shall secure a rental amount based on the fair market value of the state land.

(3) Notwithstanding any other provisions of law, all state endowment trust lands may be leased for a period of up to thirty-five (35) years for residential purposes as determined by the state board of land commissioners including, but not limited to, single family, recreational cottage site and homesite leases.

(4) Notwithstanding any other provision of law to the contrary, all state lands may be leased for a period of up to forty (40) years for grazing leases.

(5) Notwithstanding any other provisions of law, all state endowment trust lands may be leased for a period of up to forty-nine (49) years for commercial purposes under such terms and conditions as may be set by the board, provided that, for such leases in excess of twenty (20) years, the board consults with the county commissioners of the county in which the lands are located before leasing the lands, and the use for which the land is leased shall be consistent with the local planning and zoning ordinances insofar as is reasonable and practicable. For each lease in excess of twenty (20) years, the department shall hold a hearing in the county in which the parcel is located. Grazing leases shall be excluded from the hearing requirement.

(6) The term "commercial purposes" means fuel cells, low impact hydro, wind, geothermal resources, biomass, cogeneration, sun or landfill gas as the principal source of power with a facility capable of generating not less than twenty-five (25) kilowatts of electricity, industrial enterprises, retail sales outlets, business and professional office buildings, hospitality enterprises, commercial recreational activities, multifamily residential developments and other similar businesses. For purposes of this section, farming leases, grazing leases, conservation leases including lands enrolled in federal conservation programs such as the conservation reserve enhancement program (CREP), noncommercial recreation leases, oil and gas leases, mineral leases, communication site leases, single family, recreational cottage site and homesite leases, and leases for other similar uses, are not considered leases for commercial purposes.

(7) The board may require that all fixed improvements constructed upon land leased for commercial purposes be removed or become the property of the state upon termination of the lease, and that any heirs, encumbrances or claims of third parties with respect to any improvements shall be expressly subordinate and subject to the rights of the state under this section.

(8) Except for oil and gas, mineral and commercial leases, the lease year shall run from January 1 through December 31, and all leases shall expire on December 31 of the year of expiration.

(9) All applications to lease or to renew an existing lease which expires December 31 of any year, shall be filed in the office of the director of the department of lands by the thirtieth day of April preceding the date of such expiration. Such applications will be considered by the state land board and be disposed of in the manner provided by law; except that the board may reject conflicting applications for a lease for commercial purposes if the lessee exercises the preference right to renew clause, and provided such right is specified in the lease.

(10) Where conflicts appear upon leases, except for mineral leases which, pursuant to chapter 7, title 47, Idaho Code, contain a preferential right to renew clause, such applications shall be considered as having been filed simultaneously. However, nothing herein shall be construed to prevent the state board of land commissioners from accepting and considering applications for new leases at any time.

(11) In case improvements have been made on land while under lease which is expiring, and the former lessee is not the successful bidder, but the land is leased to another, the amount of such improvements shall be paid to the former lessee. The following shall be considered improvements: plowing done within one (1) year, provided no crop has been raised on the plowed land after such plowing, fencing, buildings, cisterns, wells, growing crops and any other asset which shall be considered an improvement by the director.

(12) Commercial leases of the state lands shall not be subject to the conflict auction provisions of section 58-310, Idaho Code. The board may, at its discretion, consider individual applications or call for proposals and sealed bids by public advertisement, and may evaluate said proposals and award the lease to the bidder whose proposal achieves the highest return over the term of the lease and who is capable of meeting such terms and conditions as may be set by the board; in the alternative, the board may call for lease applications by public advertisement and if more than one (1) person files an application to hold an auction in the same manner as provided in section 58-310, Idaho Code. In all cases, the board must obtain a reasonable rental, based upon fair market value of the state land, throughout the duration of the lease. The board may reject any or all proposals and any or all bids, and may reoffer the lease at a later date if the board determines that the proposals or bids do not achieve the highest and best use of the land at market rental.

History:

[58-307, added 1905, p. 131, 15; reen. R.C., sec. 1574; am. 1915, ch. 167, sec. 1, p. 36; compiled and reen. C.L., sec. 1574; C.S., sec. 2907; am. 1921, ch. 28, sec. 1, p. 36; I.C.A., sec. 56-307; am. 1941, ch. 162, sec. 1, p. 324; am. 1970, ch. 10, sec. 1, p. 17; am. 1972, ch. 108, sec. 1, p. 222; am. 1974, ch. 17, sec. 61, p. 308; am. 1979, ch. 25, sec. 1, p. 40; am. 1980, ch. 107, sec. 1, p. 244; am. 1987, ch. 111, sec. 1, p. 224; am. 1993, ch. 331, sec. 1, p. 1229; am. 1995, ch. 174, sec. 1, p. 655; am. 1995, ch. 185, sec. 1, p. 671; am. 1997, ch. 36, sec. 1, p. 63; am. 1999, ch. 84, sec. 1, p. 280; am. 1999, ch. 86, sec. 1, p. 285; am. 2000, ch. 84, sec. 3, p. 177; am. 2000, ch. 187, sec. 1, p. 460; am. 2003, ch. 234, sec. 1, p. 599; am. 2003, ch. 295, sec. 1, p. 798; am. 2004, ch. 155, sec. 1, p. 491; am. 2007, ch. 138, sec. 1, p. 400; am. 2008, ch. 103, sec. 1, p. 285; am. 2008, ch. 115, sec. 1, p. 319.; am. 2010, ch. 61, sec. 1, p. 109; am. 2024, ch. 102, sec. 1, p. 466; am. 2026, ch. 251, sec. 28, p. 1083.]
Idaho Code § 58-1415 — Idaho Code / Title 58 / Chapter 14 / Section 58-1415
58-1415 DEPOSIT AND DISBURSEMENT OF FUNDS.
Status: in_force

58-1415. Deposit and disbursement of funds. (1) Immediately upon receipt, all moneys received by the commission shall be deposited in one (1) or more banks or trust companies approved under chapter 27, title 67, Idaho Code, as state depositories. The commission shall designate such banks or trust companies. All funds so deposited are hereby continuously appropriated for the purpose of carrying out the provisions of this chapter.

(2) Funds can be withdrawn or paid out of such accounts only upon checks or other orders upon such account signed by two (2) officers designated by the commission when the amount of such payments exceeds two thousand dollars ($2,000). Such designees may include the members of the staff of the commission.

(3) The right is reserved to the state of Idaho to audit the funds of the commission at any time.

(4) On or before January 15 of each year, the commission shall file with the senate and house committees responsible for natural resources, the director of legislative services, the state controller, and the division of financial management, a report showing the annual income and expenses by standard classification of the commission for the preceding year. The report shall also include an estimate of income of the commission for the current and next fiscal year and a projection of anticipated expenses by category for the current and next fiscal year. From and after January 15, 1994, the report shall also include a reconciliation between the estimated income and expenses projected and the actual income and expenses of the preceding year.

(5) All moneys received or expended by the commission shall be audited annually by a certified public accountant designated by the commission, who shall furnish a copy of such audit to the director of legislative services. The audit shall be completed within ninety (90) days following the close of the fiscal year.

(6) The expenditures of the commission are expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code.

History:

[58-1415, added 1994, ch. 374, sec. 1, p. 1207; am. 2003, ch. 32, sec. 29, p. 134.]
Idaho Code § 58-412 — Idaho Code / Title 58 / Chapter 4 / Section 58-412
58-412 NOTICE OF INTENT TO CUT TIMBER — CUTTING PERMITS.
Status: in_force

58-412. Notice of intent to cut timber — Cutting permits. No timber shall be cut under the above provisions of this act except as follows: thirty (30) days' written notice shall be given to the state board of land commissioners, by filing such notice with the director, department of lands, of the particular land, described by legal subdivision or cutting unit, upon which the purchaser desires to cut timber. In addition, the purchaser shall provide the director of the department of lands with an adequate cash deposit, letter of credit, payment bond or other acceptable guarantee of payment, which shall be at least equal to the estimated value of the amount of timber to be harvested during the next ninety (90) day period or a cash deposit in an amount equal to the entire value of the timber to be harvested from a legal subdivision or cutting unit to be included in a cutting permit. Permits to cut timber under these provisions shall be issued under rules and regulations adopted by the state board of land commissioners. The right to cut timber under the terms of this act does not accrue until the permit has been issued.

History:

[58-412, added 1985, ch. 254, sec. 3, p. 706; am. 1987, ch. 354, sec. 1, p. 786.]
Idaho Code § 58-1102 — Idaho Code / Title 58 / Chapter 11 / Section 58-1102
58-1102 DEFINITIONS.
Status: in_force

58-1102. Definitions. As used in this act:

(a) "Owner" means any individual, family, business, corporation, partnership, association, or farm operation having any right, title or interest in property which is acquired, condemned, or sought to be acquired or condemned by a department or an agency as defined in this act.

(b) "Department" means the division of highways of the department of transportation of the state of Idaho.

(c) "Political subdivision" means any local unit or agency of government of the state of Idaho, and includes but is not limited to good roads districts, highway districts, cities and counties.

(d) "Agency" means any department, agency or instrumentality of the state of Idaho or of any political subdivision thereof which is financed in whole or in part by funds furnished by the federal government and which is authorized by the laws of the state of Idaho to acquire property by eminent domain.

(e) "Business" means any lawful activity, excepting a farm operation, conducted primarily for the purchase, sale, resale, lease and rental of personal property and real property, and for the manufacture, processing or marketing of products, commodities, or any other personal property; or for the sale of services to the public; or by a nonprofit organization or corporation.

(f) "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

History:

[58-1102, added 1971, ch. 158, sec. 2, p. 774.]
Idaho Code § 58-1406 — Idaho Code / Title 58 / Chapter 14 / Section 58-1406
58-1406 CHAIRMAN AND STAFF OF THE COMMISSION.
Status: in_force

58-1406. Chairman and staff of the commission. The commission shall elect a chairman and may employ clerical or other staff who are not members of the commission.

History:

[58-1406, added 1994, ch. 374, sec. 1, p. 1205.]
Idaho Code § 58-901 — Idaho Code / Title 58 / Chapter 9 / Section 58-901
58-901 ACTIONS TO PROTECT POSSESSORY RIGHTS.
Status: in_force

58-901. Actions to protect possessory rights. Any person being a citizen of the United States or having in accordance with law declared his intention to become a citizen, occupying and settled upon any of the public lands of the United States in this state for the purpose of cultivating or grazing the same, may commence and maintain any action for interference with, or injury to his possession of such land, against any person interfering with or injuring the same; but if such land contains mines of any of the precious metals, the possession or claim of the person occupying the same for the purposes aforesaid must not prevent the working of such mines by persons desiring to work the same, as fully as if no such claim for agricultural or grazing purposes had been made thereon: provided, that this chapter must not be so construed as to allow a person, subsequent to the location of land for agricultural or grazing purposes, to go upon such lands for the purpose of mining without first paying the owner thereof the value of any growing crops he may destroy; this provision does not extend to any crops planted subsequent to their location for mining purposes; and this chapter must not be construed to authorize the maintenance of any claim upon lands which, at the commencement of any such action, may have been selected by the United States and reserved for any purpose.

History:

[(58-901) 1874, p. 751, sec.1; R.S., R.C., & C.L., sec. 4552; C.S., sec. 6971; I.C.A., sec. 56-801.]
Idaho Code § 58-1409 — Idaho Code / Title 58 / Chapter 14 / Section 58-1409
58-1409 LIMITATIONS TO THE POWERS OF THE COMMISSION.
Status: in_force

58-1409. Limitations to the powers of the commission. Irrespective of such actions as may be taken by individual members of the commission, the commission itself shall not use any funds or other resources of the commission to influence the outcome of any election for public office, be it state or federal, or to influence the enactment or defeat of any specific piece of legislation; provided however, the commission may, in the course of implementation of this chapter, generally and objectively inform the public of legislative or regulatory proposals which may affect the management of public or private rangelands in Idaho or the livestock grazing industry.

History:

[58-1409, added 1994, ch. 374, sec. 1, p. 1206.]
Idaho Code § 58-411 — Idaho Code / Title 58 / Chapter 4 / Section 58-411
58-411 SALE OF TIMBER.
Status: in_force

58-411. Sale of timber. Timber belonging to the state of Idaho may be sold at public auction by the state board of land commissioners, at their option, as follows: ten percent (10%) of the estimated value of the timber, after deducting the development credits attendant to the sale of the timber, shall be presented as a bid deposit, in a form acceptable to the state, on the day of sale. Ten percent (10%) of the purchase price of the timber, after deducting the development credits attendant to the sale of the timber, shall be due and payable within ten (10) days of the date of sale. This sum shall be retained by the director of the department of lands as a cash reserve for the duration of the sale or the director may, at his discretion, apply all or a portion of the sum as final payment or payments for forest products removed or to satisfy other contractual obligations. The balance of such purchase price shall be paid at such time as the timber is scaled and billed with interest computed from the date of sale to the date of billing at the rate per annum set by the state board of land commissioners. Lump sum sales may be sold for cash at the time of sale or upon such terms and conditions as the state board of land commissioners may prescribe.

History:

[(58-411) 1985, ch. 254, sec. 2, p. 706; am. 1992, ch. 144, sec. 1, p. 438; am. 2008, ch. 114, sec. 1, p. 319.]
Idaho Code § 58-701 — Idaho Code / Title 58 / Chapter 7 / Section 58-701
58-701 MILITARY LANDS — YELLOWSTONE NATIONAL PARK LANDS — CESSION — JURISDICTION FOR EXECUTION OF PROCESS RESERVED.
Status: in_force

58-701. Military lands — Yellowstone National Park lands — Cession — Jurisdiction for execution of process reserved. Pursuant to article 1, section 8, paragraph 17, of the Constitution of the United States, consent to purchase is hereby given, and exclusive jurisdiction ceded, to the United States over and with respect to all lands embraced within the military posts and reservations of Fort Sherman and Boise Barracks, together with such other lands in the state as may be now or hereafter acquired and held by the United States for military purposes, either as additions to the said posts or as new military posts or reservations which may be established for the common defense; and, also, all such lands within the state as may be included in the territory of the Yellowstone National Park, reserving, however, to the state a concurrent jurisdiction for the execution, upon said lands, or in the buildings erected thereon, of all process, civil or criminal, lawfully issued by the courts of the state, and not incompatible with this cession.

History:

[(58-701) 1890-1891, p. 40, sec. 1; reen. 1899, p. 22, sec. 1; reen. R.C. & C.L., sec. 27; C.S., sec. 70; I.C.A., sec. 56-601.]
Idaho Code § 58-135 — Idaho Code / Title 58 / Chapter 1 / Section 58-135
58-135 SALE, LEASE OR DONATION OF STATE LANDS TO UNITED STATES.
Status: in_force

58-135. Sale, lease or donation of state lands to United States. The state board of land commissioners shall have authority to grant an option to purchase, contract to sell, sell and convey, donate or lease to the United States, any corporation the majority of whose capital stock is owned by the United States, or any county or city in Idaho, any lands now owned or hereafter acquired by the state, other than endowment lands received from the government of the United States, for such price and/or on such terms as said board may deem to be for the best interest of the state.

The board shall be authorized to receive as partial or full consideration for any sale or conveyance hereunder, any real property or stumpage at a value to be determined by the board.

History:

[58-135, added 1935 (1st E.S.), ch. 6, sec. 4, p. 13; am. 1974, ch. 294, sec. 1, p. 1748.]
Idaho Code § 58-1303 — Idaho Code / Title 58 / Chapter 13 / Section 58-1303
58-1303 ENCROACHMENT ON NAVIGABLE LAKES — POWERS OF STATE LAND BOARD.
Status: in_force

58-1303. Encroachment on navigable lakes — Powers of state land board. The board of land commissioners shall regulate, control and may permit encroachments in aid of navigation or not in aid of navigation on, in or above the beds or waters of navigable lakes as provided herein.

History:

[(58-1303) 1974, ch. 243, sec. 3, p. 1608; 1990, redesignated, ch. 362, sec. 3, p. 981.]
Idaho Code § 58-403 — Idaho Code / Title 58 / Chapter 4 / Section 58-403
58-403 APPLICATION TO PURCHASE TIMBER — LIMITATIONS ON SALE OF TIMBER.
Status: in_force

58-403. Application to purchase timber — Limitations on sale of timber. Any person desiring to purchase timber on any lands owned by the state shall make application in writing to the director of the department of lands; which application shall contain a complete description by legal subdivisions of the lands upon which it is desired to purchase timber and a provision that if he is the successful bidder he will furnish such bond as may be required by the state board of land commissioners; conditioned, that he will comply with all rules and regulations made by the state board of land commissioners pertaining to the cutting and removal of said timber and the disposal of slashings and debris; the protection from fires or other damage of all trees or timber which are reserved from sale, and such other conditions as may be imposed by the state board of land commissioners with reference to any particular tract of timber sold; provided, however, that this provision does not prohibit the state board of land commissioners from offering for sale, or selling, timber without application having first been filed, and such authority is hereby expressly given to the state board of land commissioners.

History:

[(58-403) 1905, p. 145, sec. 2; reen. R.C. & C.L., sec. 1589; C.S., sec. 2926; am. 1921, ch. 38, sec. 1, p. 48; I.C.A., sec. 56-403; am. 1935, ch. 6, sec. 1, p. 18;am. 1974, ch. 17, sec. 66, p. 308; am. 1985, ch. 181, sec. 1, p. 466.]
Idaho Code § 58-116 — Idaho Code / Title 58 / Chapter 1 / Section 58-116
58-116 GROSS RECEIPTS PAYABLE INTO TREASURY.
Status: in_force

58-116. Gross receipts payable into treasury. The gross amount of money received by the department, from whatever source, belonging to or for the use of the state, shall be paid into the state treasury, without delay, without any deduction on account of salaries, fees, costs, charges, expenses or claim of any description whatever and shall be credited to such fund or funds as are now or may hereafter be designated by law for the deposit thereof. No money belonging to, or for the use of, the state shall be expended or applied by the department except in consequence of an appropriation made by law and upon the warrant of the state controller.

History:

[(58-116) 1919, ch. 81, sec. 16, p. 289; C.S., sec. 2881; I.C.A., sec. 56-116; am. 1994, ch. 180, sec. 119, p. 502.]
Idaho Code § 58-604 — Idaho Code / Title 58 / Chapter 6 / Section 58-604
58-604 RIGHTS OF WAY — GRANT TO UNITED STATES.
Status: in_force

58-604. Rights of way — Grant to United States. There is hereby granted over all the lands now or hereafter belonging to the state a right of way for ditches constructed by authority of the United States. All conveyances of state lands hereafter made shall contain a reservation of such right of way.

History:

[(58-604) 1905, p. 373, sec. 1; reen. R.C., sec. 1638; reen. C.L. 125:4; C.S., sec. 2955; I.C.A., sec. 56-504; am. 1951, ch. 44, sec. 1, p. 54.]
Idaho Code § 58-707 — Idaho Code / Title 58 / Chapter 7 / Section 58-707
58-707 CESSION OVER REAL PROPERTY OF VETERANS ADMINISTRATION HOSPITAL.
Status: in_force

58-707. Cession over real property of veterans administration hospital. The state of Idaho hereby accepts the cession of concurrent jurisdiction with the United States over the real property comprising the veterans administration hospital, Boise, Idaho, as permitted by Public Law 93-82(38 U.S.C. 5007).

History:

[58-707, added 1974, ch. 137, sec. 1, p. 1342; am. 1975, ch. 62, sec. 1, p. 128.]
Idaho Code § 58-337 — Idaho Code / Title 58 / Chapter 3 / Section 58-337
58-337 LEASE OF OLD PENITENTIARY SITE.
Status: in_force

58-337. Lease of old penitentiary site. To preserve and enhance the cultural, educational, recreational and scenic values of the old penitentiary site at Boise, the state board of land commissioners or any other state agency having jurisdiction and control over the site is authorized to lease any part of the site to private persons, firms, or corporations for a term not to exceed fifty (50) years. The board is also authorized to relinquish control and custody over any part of the old penitentiary site to other state agencies for use as building or office space. Unless otherwise prohibited by law, proceeds from the rental of the old penitentiary site beyond cost of maintenance and historic interpretation shall be credited to the permanent building fund. For purposes of this act, the old penitentiary site at Boise includes all penitentiary reserve and acquired lands owned by the state of Idaho in:

Sections 12 and 13, Township 3 North, Range 2 East, Boise Meridian, and the west half of Section 18, Township 3 North, Range 3 East, Boise Meridian.

History:

[58-337, added 1974, ch. 301, sec. 1, p. 1768.]
Idaho Code § 58-126 — Idaho Code / Title 58 / Chapter 1 / Section 58-126
58-126 INFORMATION REGARDING STATE LANDS.
Status: in_force

58-126. Information regarding state lands. Information concerning the selection or appraisement of any state lands, or the timber thereon, or any information in regard to such land shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

History:

[(58-126) 1905, p. 131, sec. 9; compiled and reen. R.C. & C.L., sec. 1565; C.S., sec. 2891; I.C.A., sec. 56-126; am. 1974, ch. 17, sec. 53, p. 308; am. 1990, ch. 213, sec. 88, p. 552; am. 2015, ch. 141, sec. 157, p. 500.]
Idaho Code § 58-601 — Idaho Code / Title 58 / Chapter 6 / Section 58-601
58-601 RIGHTS OF WAY FOR DITCHES AND RESERVOIRS.
Status: in_force

58-601. Rights of way for ditches and reservoirs. Any person or persons desiring to construct over or upon any of the lands owned or controlled by the state of Idaho, any ditch, canal, reservoir or other works for carrying or distributing public waters for any beneficial use, may make application to the state board of land commissioners for said right of way, and shall at the same time file, in duplicate, both in the office of the state board of land commissioners and in the office of the department of water resources, maps showing the location of such lands by accurate survey of such ditch, canal, reservoir or other irrigation works. Such map shall be drawn on tracing linen on a scale of not less than one thousand (1000) feet to the inch, and shall be accompanied by the field notes of survey of such irrigation works.

In the case of a reservoir the maps shall show by contour lines at intervals not greater than ten (10) feet, the topographic features of such reservoir site, and shall state the capacity of such reservoir in acre feet; and when the dam or embankment of such reservoir shall be more than ten (10) feet in height, plans showing the construction of such dam or embankment shall be filed in duplicate in the office of the state board of land commissioners and in the office of the department of water resources. All such maps, plans and field notes shall be certified by the engineer under whose direction such surveys or plans were made. If such map or description is defective or incomplete, the state board of land commissioners may order the same to be corrected; and the state board of land commissioners may grant land for such right of way upon the payment of such compensation therefor as may be deemed reasonable, not less than ten dollars ($10.00) per acre, and upon such terms and conditions as they may deem best: provided, that the works for which the right of way is herein provided must be completed within the time mentioned in the application for the same (which shall accompany such map), which shall in no case be more than five (5) years from the time of filing such application and maps, and the construction of the works herein mentioned must be commenced within one (1) year after such application and maps are filed, and must be prosecuted to completion diligently and uninterruptedly on a scale reasonably commensurate with the magnitude of the proposed works, in order to obtain the right of way under this section.

It shall be the duty of the director of the department of lands, upon the granting of the said rights of way, to note the same upon the plats of the said lands on file in his office.

History:

[(58-601) 1901, p. 191, sec. 8; am. 1907, p. 527, sec. 1; reen. R.C., sec. 1635; reen. C.L. 125:1; C.S., sec. 2952; I.C.A., sec. 56-501; am. 1974, ch. 17, sec. 72, p. 308.]
Idaho Code § 58-335A — Idaho Code / Title 58 / Chapter 3 / Section 58-335A
58-335A OTHER LANDS EXEMPT FROM ACT.
Status: in_force

58-335A. Other lands exempt from act. The provisions of sections 58-331 through 58-335, Idaho Code, shall not apply to surplus real properties of the Idaho transportation department, with the exclusion of office and maintenance yard sites. The Idaho transportation board shall promulgate rules to govern the sale of surplus real properties under this section, provided that in no case shall a property be sold or exchanged for a value less than that established through the appraisal process; and provided further that surplus real property may be offered for sale or exchange to any tax-supported agency or political subdivision of the state of Idaho, other than the state of Idaho or its agencies, in whose jurisdiction the property is located, at a negotiated price not to exceed the appraised value. Such surplus property sold or exchanged for less than the appraised value must be used in perpetuity exclusively for a public purpose which shall be stated in the deed of transfer. If the stated use shall cease, the property shall revert to the ownership of the Idaho transportation department.

For the purpose of acquiring highway rights-of-way, the Idaho transportation board is authorized to exchange surplus real property of the department for other parcels of real property. In exchanging real properties, the board shall cause both parcels of real property to be appraised, and either the owner or the department shall pay to the other the difference in value.

Before the department disposes of surplus property at public sale, the department shall first notify any person who owns real property which is contiguous with the surplus property of the department that he has first option to purchase the surplus property for an amount not less than the appraised value. If more than one (1) adjoining owner wants to purchase the property, a private auction shall be held for such parties. If no owner of adjoining property exercises his option to buy, the department may proceed to public sale.

History:

[58-335A, added 1986, ch. 129, sec. 1, p. 336; am. 1992, ch. 219, sec. 1, p. 657; am. 1996, ch. 209, sec. 1, p. 679; am. 2005, ch. 100, sec. 1, p. 319; am. 2008, ch. 382, sec. 1, p. 1053.]
Idaho Code § 58-1203 — Idaho Code / Title 58 / Chapter 12 / Section 58-1203
58-1203 LIMITATIONS TO THE APPLICATION OF THE PUBLIC TRUST DOCTRINE.
Status: in_force

58-1203. Limitations to the application of the public trust doctrine. (1) The public trust doctrine as it is applied in the state of Idaho is solely a limitation on the power of the state to alienate or encumber the title to the beds of navigable waters as defined in this chapter. The state board of land commissioners may approve, modify or reject all activities involving the alienation or encumbrance of the beds of navigable waters in accordance with the public trust doctrine.

(2) The public trust doctrine shall not be applied to any purpose other than as provided in this chapter. Specifically, but without limitation, the public trust doctrine shall not apply to:

(a) The management or disposition of lands held for the benefit of the endowed institutions as set forth in article IX of the constitution of the state of Idaho;

(b) The appropriation or use of water, or the granting, transfer, administration, or adjudication of water or water rights as provided for in article XV of the constitution of the state of Idaho and title 42, Idaho Code, or any other procedure or law applicable to water rights in the state of Idaho; or

(c) The protection or exercise of private property rights within the state of Idaho.

(3) Nothing in this chapter shall be construed as a limitation on the power of the state to authorize public or private use, encumbrance or alienation of the title to the beds of navigable waters held in public trust pursuant to this chapter for such purposes as navigation, commerce, recreation, agriculture, mining, forestry, or other uses, if, in the judgment of the state board of land commissioners, the grant for such use is made in accordance with the statutes and constitution of the state of Idaho.

(4) Nothing in this chapter shall be construed as repealing, limiting, or otherwise altering any statutory or constitutional provision of the state of Idaho including, but not limited to: title 42, Idaho Code, concerning the appropriation, transfer and use of the waters of Idaho; title 36, Idaho Code, concerning the regulation and management of fish and game and the right of public access on navigable waters; title 58, Idaho Code, relating to state lands and navigational encroachments; or chapter 43, title 67, Idaho Code, concerning the appropriation of waters in trust by the state of Idaho.

History:

[58-1203, added 1996, ch. 342, sec. 1, p. 1148.]
Idaho Code § 58-308 — Idaho Code / Title 58 / Chapter 3 / Section 58-308
58-308 IMPROVEMENTS — FILING OF RECEIPT FOR PAYMENT — MISTAKE AND FRAUD.
Status: in_force

58-308. Improvements — Filing of receipt for payment — Mistake and fraud. Should anyone apply to lease any of the lands belonging to the state upon which there are improvements belonging to another party, before the lease shall issue, he shall file in the office of the state board of land commissioners a receipt showing that the price of said improvements, as agreed upon by the parties, or fixed by the state board, has been paid to the owner thereof in full, or shall make satisfactory proof that he has tendered to such owner the price of said improvements, so agreed upon, or fixed by the board. If, by any mistake or error, any money has been, or shall hereafter be, paid on account of any sale or lease of state lands, or if any land or timber shall have been, or shall hereafter be sold by the state, or lease executed, which land or timber shall have been, or shall hereafter be, by a court or tribunal of competent jurisdiction, adjudged to belong to another than the state of Idaho, at the date of such sale or the execution of such lease, a claim shall be presented to the state board of examiners, and, if authorized by them, the state controller shall draw a warrant in favor of the party paying said money, and the state treasurer shall pay the same out of the fund into which such money was deposited or placed. If through any fraud, deceit or misrepresentation, any party or parties shall procure the issuing of any lease for state lands the board shall have the authority to cancel such lease.

History:

[(58-308) 1905, p. 131, sec. 16; reen. R.C. & C.L., sec. 1575; C.S., sec. 2908; I.C.A., sec. 56-308; am. 1994, ch. 180, sec. 123, p. 503.]
Idaho Code § 58-401 — Idaho Code / Title 58 / Chapter 4 / Section 58-401
58-401 PRESERVATION OF TREES ON STATE LANDS.
Status: in_force

58-401. Preservation of trees on state lands. No trees standing on lands of the state, which lands when cleared of trees will not be suitable for cultivation and raising crops, and no trees needed to conserve the snows, ice or water of any irrigation district, shall be cut from any part of the public lands belonging to the state, except as hereinafter provided.

History:

[(58-401) 1905, p. 145, sec. 1; reen. R.C. & C.L., sec. 1588; C.S., sec. 2925; I.C.A., sec. 56-401.]
Idaho Code § 58-408 — Idaho Code / Title 58 / Chapter 4 / Section 58-408
58-408 TREE DEFINED.
Status: in_force

58-408. Tree defined. For the purpose of sections 58-401 to 58-410, inclusive, the word "tree" shall be held to mean all vegetable growth of a woody texture of any size whatsoever. No lands contemplated in sections 58-401 to 58-410, inclusive, shall be leased for any purpose whatsoever that will destroy the tree growth.

History:

[(58-408) 1905, p. 145, sec. 9; reen. R.C. & C.L., sec. 1596; C.S., sec. 2933; I.C.A., sec. 56-408.]
Idaho Code § 58-333 — Idaho Code / Title 58 / Chapter 3 / Section 58-333
58-333 DISPOSITION OF PROCEEDS OF SALE.
Status: in_force

58-333. Disposition of proceeds of sale. The state board of land commissioners shall at all times preserve the integrity of state funds and obligations in the disposition of surplus property; receipts or acquisitions from the property of any special fund shall accrue to such fund, first liquidating any encumbrances against such property; save that when any property has been acquired by the general fund, or is supported by or added to, by the general fund, then the receipts following liquidation of an encumbrance, shall be deposited in the permanent building fund for future appropriation or use.

History:

[58-333, added 1951, ch. 223, sec. 3, p. 452.]
Idaho Code § 58-1404 — Idaho Code / Title 58 / Chapter 14 / Section 58-1404
58-1404 QUALIFICATIONS OF THE MEMBER AND COMPOSITION OF THE COMMISSION.
Status: in_force

58-1404. Qualifications of the member and composition of the commission. Each member of the commission shall be nominated and appointed because of their knowledge of the state's rangelands, rangeland management and the livestock grazing industry, or because they possess communications skills which would enhance the ability of the commission to carry out its duties. Members of the commission shall be residents of the state who derive a substantial part of their income from the use of rangelands, own private rangelands, own private dry grazing land or is a licensed permittee on state or federal lands, within the state of Idaho. Corporations, firms, or other organizations may not, as such, serve as a member of the commission. Representatives, however, of corporations, firms, or other organizations that meet the requirements of membership to the commission may serve as commissioners.

History:

[58-1404, added 1994, ch. 374, sec. 1, p. 1204.]
Idaho Code § 58-204 — Idaho Code / Title 58 / Chapter 2 / Section 58-204
58-204 LIEU SELECTIONS FOR SCHOOL LANDS IN RESERVES.
Status: in_force

58-204. Lieu selections for school lands in reserves. When the state board of land commissioners shall ascertain that sections 16 and 36 or any part or parts thereof, granted to the state are or have been lawfully included and embraced within any forest or other reservation established under or by authority of any act of congress, then the said board shall, by and with the approval of the secretary of the interior, or the secretary of agriculture when necessary, select from the surveyed, unreserved and unappropriated public lands of the United States, within the limits of the state of Idaho, other lands equivalent thereto in area and value in legal subdivisions and as contiguous as may be to the section in lieu of which the same is taken: provided, that if the board shall upon examination or otherwise determine that any lands owned by the state in such forest or other reservation borders on or in the vicinity of any lake, waterfall, spring or other naturally advantageous site, or any natural curiosity, or that for any other cause said lands are, or, in the future, may have particular value to the state, then the board shall not certify such lands to the secretary of the interior as a basis for indemnity selections in lieu thereof but the state of Idaho shall retain its title to said lands.

History:

[(58-204) 1911, ch. 6, sec. 3, p. 17; reen. C.L. 120:4; C.S., sec. 2899; I.C.A., sec. 56-204.]
Idaho Code § 58-1507 — Idaho Code / Title 58 / Chapter 15 / Section 58-1507
58-1507 DISTRIBUTION OF UNDISTRIBUTED FUNDS.
Status: in_force

58-1507. distribution of undistributed funds. If the United States alters or discontinues funding under the Taylor grazing act, or the operation of advisory boards, leaving funds or other resources undistributed or otherwise without means for continuation, the director of the department shall supervise and control the distribution of such undistributed funds or other resources.

History:

[58-1507, added 2024, ch. 47, sec. 1, p. 256.]
Idaho Code § 58-1413 — Idaho Code / Title 58 / Chapter 14 / Section 58-1413
58-1413 ESTABLISHMENT OF THE COMMISSION'S OFFICE.
Status: in_force

58-1413. Establishment of the commission's office. For the convenience of the majority of those most likely to be affected by the administration of this act, the commission shall establish and maintain an office within the state of Idaho.

History:

[58-1413, added 1994, ch. 374, sec. 1, p. 1207.]
Idaho Code § 58-703 — Idaho Code / Title 58 / Chapter 7 / Section 58-703
58-703 LAVA HOT SPRINGS — CESSION TO UNITED STATES AUTHORIZED.
Status: in_force

58-703. Lava Hot Springs — Cession to United States authorized. The state board of land commissioners, acting for and on behalf of the state of Idaho, is hereby authorized, empowered and directed to cede, grant, relinquish and convey to the government of the United States, such part or parcels of lands hereinafter described as may be convenient and necessary, and required as and for a site for a national veterans' sanatorium or hospital, and such portion of the hot mineral and cold water and water rights appurtenant to the said lands as may be necessary and convenient for the operation and maintenance of such institution, and such mineral baths as may be maintained and operated in connection therewith, and for the irrigation, operation and maintenance of the grounds and lands upon which such institution and baths are located and maintained. Upon acceptance by the United States government and the proper department or bureau thereof, authorized by any act of congress, to erect such veterans' sanatorium or hospital, the state board of land commissioners shall execute a conveyance in fee simple to said United States government or its department or bureau, which deed shall be signed by the governor and countersigned by the secretary of state and by the director of the department of lands, and attested with the great seal of the state and seal of the state board of land commissioners, which said deed shall operate to convey a good and sufficient title in fee simple.

History:

[(58-703) 1931, ch. 196, sec. 1, p. 340; I.C.A., sec. 56-603; am. 1974, ch. 17, sec. 74, p. 308.]
Idaho Code § 58-120 — Idaho Code / Title 58 / Chapter 1 / Section 58-120
58-120 GENERAL COUNSEL TO REPRESENT THE DEPARTMENT OF LANDS.
Status: in_force

58-120. general counsel to represent the department of lands. (1) Counsel to the department of lands shall be provided by an attorney hired by the director of the department of lands subject to approval by the state land board. Such counsel shall be independent of the office of the attorney general but may consult with the office of the attorney general as determined by the counsel. Such counsel shall be designated the general counsel for the department of lands.

(2) General counsel may hire additional attorneys or contract with the office of the attorney general as necessary. Nothing in this section shall preclude the department of lands from hiring counsel separate from the general counsel.

History:

[58-120, added 2024, ch. 210, sec. 2, p. 747.]
Idaho Code § 58-1302 — Idaho Code / Title 58 / Chapter 13 / Section 58-1302
58-1302 ENCROACHMENT ON NAVIGABLE LAKES — DEFINITIONS.
Status: in_force

58-1302. Encroachment on navigable lakes — Definitions. (a) "Navigable lake" means any permanent body of relatively still or slack water, including man-made reservoirs, not privately owned and not a mere marsh or stream eddy, and capable of accommodating boats or canoes. This definition does not include man-made reservoirs where the jurisdiction thereof is asserted and exclusively assumed by a federal agency.

(b) "Beds of navigable lakes" means the lands lying under or below the "natural or ordinary high water mark" of a navigable lake and, for purposes of this act only, the lands lying between the natural or ordinary high water mark and the artificial high water mark, if there be one.

(c) "Natural or ordinary high water mark" means the high water elevation in a lake over a period of years, uninfluenced by man-made dams or works, at which elevation the water impresses a line on the soil by covering it for sufficient periods to deprive the soil of its vegetation and destroy its value for agricultural purposes.

(d) "Artificial high water mark" means the high water elevation above the natural or ordinary high water mark resulting from construction of man-made dams or control works and impressing a new and higher vegetation line.

(e) "Low water mark" means that line or elevation on the bed of the lake marked or located by the average low water elevations over a period of years and marks the point to which the riparian rights of adjoining landowners extend as a matter of right, in aid of their right to use the waters of the lake for purposes of navigation.

(f) "Riparian or littoral rights" means only the rights of owners or lessees of land adjacent to navigable waters of the lake to maintain their adjacency to the lake and to make use of their rights as riparian or littoral owners or lessees in building or using aids to navigation but does not include any right to make any consumptive use of the waters of the lake.

(g) "Line of navigability" means a line located at such distance waterward of the low water mark established by the length of existing legally permitted encroachments, water depths waterward of the low water mark, and by other relevant criteria determined by the board when a line has not already been established for the body of water in question.

(h) "Encroachments in aid of navigation" means and includes docks, piers, floats, pilings, breakwaters, boat ramps, channels or basins, and other such aids to the navigability of the lake, on, in or above the beds or waters of a navigable lake. The term "encroachments in aid of navigation" may be used interchangeably herein with the term "navigational encroachments."

(i) "Encroachments not in aid of navigation" means and includes all other encroachments on, in or above the beds or waters of a navigable lake, including landfills or other structures not constructed primarily for use in aid of the navigability of the lake. The term "encroachments not in aid of navigation" may be used interchangeably herein with the term "nonnavigational encroachments."

(j) "Board" means the board of land commissioners of the state of Idaho or its authorized representative.

(k) "Plans" means maps, sketches, engineering drawings, aerial and other photographs, word descriptions, and specifications sufficient to describe the extent, nature and approximate location of the proposed encroachment and the proposed method of accomplishing the same.

History:

[(58-1302) 58-143, as added by 1974, ch. 243, sec. 2, p. 1608; 1990, redesignated, ch. 362, sec. 2, p. 980; am. 2006, ch. 111, sec. 1, p. 305; am. 2006, ch. 134, sec. 1, p. 389.]
Idaho Code § 58-129 — Idaho Code / Title 58 / Chapter 1 / Section 58-129
58-129 DEPOSIT OF PAPERS WITH STATE TREASURER.
Status: in_force

58-129. Deposit of papers with state treasurer. All valuable papers and securities, or any portion thereof, pertaining to the business of the land department, may, by direction of the state board of land commissioners, be deposited with the state treasurer for safekeeping in the fireproof vault and fire and burglar proof safe provided for the treasurer's department. Upon such order being made by the board, the director shall prepare a list of such valuable papers and securities so ordered deposited, in triplicate, and shall take thereon the receipt of the treasurer for such papers and securities, leaving one (1) list with the treasurer, filing one (1) with the state controller and preserving one (1) in the office of the board. For the safekeeping of such papers and securities, and their return to the state board of land commissioners when required at any time, the state treasurer shall be liable on his official bond.

History:

[(58-129) 1905, p. 131, sec. 29; compiled and reen. R.C. & C.L., sec. 1567; C.S., sec. 2894; I.C.A., sec. 56-129; am. 1974, ch. 17, sec. 55, p. 308; am. 1994, ch. 180, sec. 121, p. 502.]
Idaho Code § 58-903 — Idaho Code / Title 58 / Chapter 9 / Section 58-903
58-903 CLAIM — NOTICE — AFFIDAVIT — RECORDING.
Status: in_force

58-903. Claim — Notice — Affidavit — Recording. Every such claim must be accurately described in a written notice, which must be recorded in the office of the recorder of the county wherein the claim is situated, in a book to be kept for that purpose, together with an affidavit of the claimant setting forth:

1. That such claim does not embrace more than 320 acres of land.

2. That he holds no other claim under the provisions of this chapter.

3. That to the best of his information and belief, no part of said land is claimed under any existing adverse title.

History:

[(58-903) 1874, p. 751, sec. 3; R.S. & R.C., sec. 4554; am. 1913, ch. 102, sec. 2, p. 423; reen. C.L., sec. 4554; C.S., sec. 6973; I.C.A., sec. 56-803.]
Idaho Code § 58-1312 — Idaho Code / Title 58 / Chapter 13 / Section 58-1312
58-1312 PERMITTING OF EXISTING ENCROACHMENTS.
Status: in_force

58-1312. Permitting of existing encroachments. (1) Unless otherwise prohibited, every person seeking a permit for a navigational or nonnavigational encroachment constructed prior to January 1, 1975, shall provide the board with substantive documentation of the age of the encroachment and documentation that the encroachment has not been modified since 1974. For purposes of this section, the phrase "has not been modified" means that the overall footprint of the encroachment on the lake bed has not been expanded in dimension or height or changed in orientation or location. Persons providing such documentation shall receive an encroachment permit and shall not be required to pay the application and publication fees established in this chapter. Such substantive documentation shall include but not be limited to dated aerial photographs, tax records, or other historical information deemed reliable by the board.

(2) Every person seeking a permit for a navigational or nonnavigational encroachment constructed, replaced or modified on or after January 1, 1975, shall submit a permit application and enter the same permitting process as required for new encroachments.

History:

[(58-1312) 58-153, added 1974, ch. 243, sec. 12, p. 1608; 1990, am. & redesig., ch. 362, sec. 12, p. 986; am. 2006, ch. 135, sec. 1, p. 390; am. 2024, ch. 121, sec. 1, p. 507.]
Idaho Code § 58-1504 — Idaho Code / Title 58 / Chapter 15 / Section 58-1504
58-1504 RANGELAND IMPROVEMENT ACCOUNT — ADMINISTERED BY DEPARTMENT.
Status: in_force

58-1504. Rangeland Improvement Account — Administered by department. (1) There is hereby established in the state treasury an account to be known as the rangeland improvement account. Moneys in the rangeland improvement account are hereby continuously appropriated to be used solely for the purposes provided by this chapter.

(2) The account shall consist of moneys received by the state from sales, leases, fees, grants, or appropriations from the state or federal government, and grants from private foundations. Interest earned on moneys in the account shall be retained in the account.

(3) The department shall administer the account and distribute account moneys in accordance with section 58-1505, Idaho Code.

(4) The department shall provide an annual report to the joint finance-appropriations committee, senate resources and environment committee, and house resources and conservation committee. The report shall provide for all sources and uses of the moneys in the rangeland improvement account for the preceding fiscal year.

History:

[58-1504, added 2024, ch. 47, sec. 1, p. 255; am. 2026, ch. 21, sec. 1, p. 108.]
Idaho Code § 58-322 — Idaho Code / Title 58 / Chapter 3 / Section 58-322
58-322 REBATES OF ERRONEOUS PAYMENTS OF PRINCIPAL OR INTEREST.
Status: in_force

58-322. Rebates of erroneous payments of principal or interest. In all cases of payments of principal or of interest to the state on such certificates of sale, where more than the amount due has been, since January 1, 1917, or hereafter shall be, paid by error or mistake, the amount of such overpayment shall be repaid on demand, to the person holding the certificate, as shown of record at the time the demand for repayment is made.

History:

[(58-322) 1919, ch. 33, sec. 2, p. 114; C.S., sec. 2922; I.C.A., sec. 56-322.]
Idaho Code § 58-705 — Idaho Code / Title 58 / Chapter 7 / Section 58-705
58-705 CONSENT TO LAND PURCHASE FOR MIGRATORY LABOR HOMES PROJECTS — JURISDICTION.
Status: in_force

58-705. Consent to land purchase for migratory labor homes projects — Jurisdiction. 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 migratory labor homes projects; and over such lands and the buildings or improvements that are, or may hereafter be, erected thereon the United States shall have entire control and jurisdiction, except that the state shall have jurisdiction to execute thereon any process, civil or criminal, lawfully issued by the courts of this state, and not incompatible with this cession.

History:

[58-705, added 1943, ch. 152, sec. 1, p. 308.]
Idaho Code § 58-1505 — Idaho Code / Title 58 / Chapter 15 / Section 58-1505
58-1505 RANGELAND IMPROVEMENT ACCOUNT DISTRIBUTIONS.
Status: in_force

58-1505. Rangeland Improvement Account distributions. (1) The department shall distribute rangeland improvement account moneys as provided in this section.

(a) After the director of the department approves a request from the grazing board central committee, the department shall distribute moneys received by the state under section 58-1504, Idaho Code, from fees based on the amount of revenue generated from the imposition of fees. The grazing board central committee shall expend moneys received in accordance with subsection (2) of this section.

(b) The department shall distribute or expend moneys received by the state under section 58-1504, Idaho Code, from grants or appropriations from the state or federal government and grants from private foundations for the purposes outlined in subsection (2) of this section. The department may require entities seeking funding from grants or appropriations from the state or federal government and grants from private foundations to provide matching funds.

(2) The department shall ensure that account distributions or expenditures under subsection (1) of this section are used for:

(a) Rangeland improvement and maintenance;

(b) The control of predatory and depredating animals;

(c) The control, management, or extermination of invading species, rangeland damaging organisms, and poisonous or noxious weeds;

(d) Any other management tool that benefits a grazing district;

(e) Watershed protection, development, distribution, and improvement;

(f) The general welfare of livestock grazing within a grazing district; and

(g) Subject to subsection (3) of this section, costs to monitor rangeland improvement projects.

(3) Annual account distributions or expenditures for costs to monitor rangeland improvement projects may not exceed ten percent (10%) of the annual receipts of the account.

History:

[58-1505, added 2024, ch. 47, sec. 1, p. 255.]
Idaho Code § 58-1403 — Idaho Code / Title 58 / Chapter 14 / Section 58-1403
58-1403 RANGELAND RESOURCES COMMISSION CREATED — MEMBERS.
Status: in_force

58-1403. Rangeland resources commission created — Members. (1) There is hereby created and established in the department of self-governing agencies the Idaho rangeland resources commission, to be composed of five (5) voting members appointed by the governor from a list of names, with at least two (2) names for each appointive office submitted to the governor. The Idaho cattle association shall nominate and submit the required number of names for two (2) seats on the commission, the Idaho wool growers association shall nominate and submit the required number of names for one (1) seat on the commission, the partners advisory council (PAC) of the university of Idaho rangeland center shall nominate and submit the required number of names for one (1) seat on the commission, and the Idaho rangeland resource commission shall nominate and submit the required number of names for one (1) seat to serve at large on the commission. Members of the commission shall serve five (5) year terms. Initially, one (1) member of the commission will serve a one (1) year term, one (1) member of the commission will serve a two (2) year term, one (1) member of the commission will serve a three (3) year term, one (1) member of the commission will serve a four (4) year term, and one (1) member of the commission will serve a five (5) year term. For the initial commission members, the duration of each member's term shall be determined by lot. Vacancies to the board shall be filled through nominations to the governor by the entity who originally submitted names for the position. Only the remainder of the term shall be served. No commissioner can serve more than two (2) consecutive five (5) year terms. No two (2) commissioners may reside in the same county.

(2) The governor shall also name as permanent advisory members to the commission the state director of the bureau of land management, a representative of the U.S. forest service, the state conservationist from the soil conservation service, the director of the Idaho department of lands, the director of the Idaho department of agriculture, the chairman of the partners advisory council of the university of Idaho rangeland center or his designee, the current president of the Idaho section of the society of range management, the deans of the university of Idaho colleges of agriculture and forestry, wildlife and range sciences or their designees. No advisory member of the commission shall have a vote on the commission.

History:

[58-1403, added 1994, ch. 374, sec. 1, p. 1204; am. 2020, ch. 149, sec. 1, p. 449.]
Idaho Code § 58-155 — Idaho Code / Title 58 / Chapter 1 / Section 58-155
58-155 PEST CONTROL ON STATE LANDS — DEFICIENCY WARRANTS.
Status: in_force

58-155. Pest control on state lands — Deficiency warrants. Whenever the director of the state department of agriculture determines that there exists the threat of an infestation of grasshoppers, crickets or other similar pests on state-owned land and that the infestation is of such a character as to be a menace to state and adjacent private rangeland or agricultural land, the director of the state department of agriculture may declare the existence of a zone of infestation, and may declare and fix the boundaries so as to definitely describe and identify the zone of infestation.

Thereupon, the state director of the department of lands or his agent shall have the power to go upon the state-owned land within the zone of infestation and shall cause the insect infestation to be suppressed and eradicated in the manner approved by the state board of land commissioners, using such funds as have been appropriated or may hereafter be made available for such purposes; provided, that whenever the cost of suppression and eradication of grasshoppers, crickets or other similar pests on state-owned lands exceeds the funds appropriated or otherwise available for that purpose, the state board of land commissioners may authorize the issuance of deficiency warrants against the general account for up to fifty thousand dollars ($50,000) in any one (1) year for such suppression and eradication. The director of the department of lands, in executing the provisions of this chapter insofar as it relates to state-owned lands, shall have the authority to cooperate with federal, county, municipal and private landowners in insect suppression and eradication projects; provided, that the state funds shall only be used to pay the state's pro rata share based on acreage of state-owned lands treated. Such moneys as the state shall thus become liable for shall be paid as a part of the expenses of the state board of land commissioners out of appropriations which shall be made by the legislature for that purpose.

History:

[58-155, added 1985, ch. 187, sec. 1, p. 483.]
Idaho Code § 58-107 — Idaho Code / Title 58 / Chapter 1 / Section 58-107
58-107 SEAL.
Status: in_force

58-107. Seal. The department shall adopt and keep an official seal.

History:

[(58-107) 1919, ch. 81, sec. 7, p. 289; C.S., sec. 2872; I.C.A., sec. 56-107.]
Idaho Code § 58-134 — Idaho Code / Title 58 / Chapter 1 / Section 58-134
58-134 COOPERATION IN CONTROL AND ADMINISTRATION OF STATE LANDS — POWERS OF BOARD OF COUNTY COMMISSIONERS.
Status: in_force

58-134. Cooperation in control and administration of state lands — Powers of board of county commissioners. The state board of land commissioners may cooperate or join with the United States, any corporation the majority of whose capital stock is owned by the United States, and/or any county or counties of this state in any matter pertaining to the care, control and administration of any land now owned or hereafter acquired by the state, other than endowment lands received from the government of the United States, the United States, any corporation the majority of whose capital stock is owned by the United States, or county, and for such purposes may enter into contracts in writing with such public organization or organizations, as its or their officer or officers of board or boards, and the board of county commissioners of the several counties of the state are hereby authorized and empowered to make such donations of county-owned lands as above provided, and/or sell lands delinquent for taxes to the state for the amount of such delinquent taxes at date of such sale.

History:

[58-134, added 1935 (1st E.S.), ch. 6, sec. 3, p. 13; am. 1937, ch. 213, sec. 3, p. 359.]
Idaho Code § 58-1306 — Idaho Code / Title 58 / Chapter 13 / Section 58-1306
58-1306 NONNAVIGATIONAL OR COMMERCIAL NAVIGATIONAL ENCROACHMENTS — COMMUNITY NAVIGATIONAL ENCROACHMENTS — NAVIGATIONAL ENCROACHMENTS BEYOND LINE OF NAVIGABILITY — APPLICATION — PROCEDURES — PUBLICATION OF NOTICE — HEARING — APPEALS — RECONSIDERATION — CRITERIA PRIORITY.
Status: in_force

58-1306. Nonnavigational or commercial navigational encroachments — Community navigational encroachments — Navigational encroachments beyond line of navigability — Application — Procedures — Publication of notice — Hearing — Appeals — Reconsideration — Criteria priority. (a) Applications for construction, enlargement or replacement of a nonnavigational encroachment, a commercial navigational encroachment, a community navigational encroachment, or for a navigational encroachment extending beyond the line of navigability shall be submitted upon forms to be furnished by the board and accompanied by plans of the proposed encroachment containing information required by section 58-1302(k), Idaho Code, and such other information as the board may by rule require in conformance with the intent and purpose of this chapter. Applications for nonnavigational, community navigational, or commercial navigational encroachments must be submitted or approved by the riparian or littoral owner.

(b) Within ten (10) days of receipt of an application submitted under subsection (a) of this section, the board shall cause to be published in a newspaper having general circulation in the county in which the encroachment is proposed, once a week for two (2) consecutive weeks, a notice advising of the application and describing the proposed encroachment and general location thereof. Applications for installation of buried or submerged water intake lines and utility lines shall be exempt from the newspaper publication process. The board may also furnish copies of the application and accompanying plans to other state agencies having an interest in the lake to determine the opinion of such state agencies as to the likely effect of the proposed encroachment upon adjacent property and lake value factors of navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty or water quality. Within thirty (30) days following receipt of such copy of the application and plans from the board, such other state agency shall notify the board of its opinion and recommendations, if any, for alternate plans determined by such agency to be economically feasible to accomplish the purpose of the proposed encroachment without adversely affecting unreasonably adjacent property or other lake value factors.

(c) Any resident of the state of Idaho, or a nonresident owner or lessee of real property adjacent to the lake, or any state or federal agency may, within thirty (30) days of the first date of publication, file with the board an objection to the proposed encroachment and a request for a hearing on the application. If a hearing is requested, the same shall be held no later than ninety (90) days from the date of filing the application and notice of such hearing shall be given in the manner prescribed for publishing notice of application. The board may, in its discretion, within ten (10) days of filing the application, order a hearing in the first instance in which case, publication of notice of the application shall be dispensed with. All such hearings shall be public and held under rules promulgated by the board under the provisions of chapter 52, title 67 of the Idaho Code. The board shall render a decision within thirty (30) days following conclusion of the hearing and a copy of the board's decision shall be mailed to the applicant and to each person or agency appearing at the hearing and giving testimony in support of or in opposition to the proposed encroachment. Any applicant or other aggrieved party so appearing at a hearing shall have the right to have the proceedings and decision of the board reviewed by the district court in the county where the encroachment is proposed by filing notice of appeal within thirty (30) days from the date of the board's decision. If the decision of the board be approval of a permit, the party or parties appealing shall file a bond on such appeal in an amount to be fixed by the court but not less than five hundred dollars ($500) insuring payment to the applicant of damages caused by delay and costs and expenses, including reasonable attorney's fees, incurred on the appeal in the event the district court sustains the action of the board.

(d) In the event no objection to the proposed encroachment is filed with the board and no hearing is requested or ordered by the board, based upon its investigation and considering the economics of navigational necessity, justification or benefit, public or private, of such proposed encroachment as well as its detrimental effects, if any, upon adjacent real property and lake value factors, the board shall prepare and forward to the applicant by certified mail its decision and the applicant, if dissatisfied therewith, shall have twenty (20) days from the date of mailing of such decision to notify the board if he requests a reconsideration thereof and if such request is made, the board shall set a time and place for reconsideration, not to exceed thirty (30) days from receipt of such request, at which time and place the applicant may appear in person or by authorized representative. If aggrieved by the board's decision following reconsideration, the applicant may appeal to the district court in the same manner as that provided for following a hearing.

(e) In recognition of continuing private property ownership of lands lying between the natural or ordinary high water mark and the artificial high water mark, the board shall consider unreasonable adverse effect upon adjacent property and undue interference with navigation the most important factors to be considered in granting or denying an application for a nonnavigational encroachment, a commercial navigational encroachment, or a community navigational encroachment not extending below the natural or ordinary high water mark. If no objections have been filed to the application and no hearing has been requested or ordered by the board, or, if upon reconsideration of a decision disallowing a permit, or following a hearing, the board determines that the benefits, whether public or private, to be derived from allowing such encroachment exceed its detrimental effects, it shall grant the permit. As a condition of the permit, the board may require a lease or easement for use of any part of the state owned bed of the lake.

(f) All permits issued for nonnavigational encroachments, commercial navigational encroachments, and community navigational encroachments shall be recorded in the records of the county in which the encroachment is located and shall be a condition of issuance of a permit. Proof of recordation shall be furnished to the department by the permittee before a permit becomes valid. Such recordation shall be at the expense of the permittee. Recordation of an issued permit serves only to provide constructive notice of the permit to the public and subsequent purchasers and mortgagees, but conveys no other right, title or interest on the permittee other than validation of said permit.

(g) A permit shall not be required for repair of an existing nonnavigational encroachment, commercial navigational encroachment, or community navigational encroachment.

History:

[(58-1306) 58-147, as added by 1974, ch. 243, sec. 6, p. 1608; 1990, am. and redesignated, ch. 362, sec. 6, p. 983; am. 2006, ch. 131, sec. 2, p. 383; am. 2006, ch. 132, sec. 2, p. 386.]
Idaho Code § 58-206 — Idaho Code / Title 58 / Chapter 2 / Section 58-206
58-206 PRIOR RELINQUISHMENTS VALIDATED.
Status: in_force

58-206. Prior relinquishments validated. All relinquishments of state lands in place heretofore lawfully made by the state board of land commissioners as a basis for the selection of indemnity lands in lieu thereof, and all selections of indemnity lands in lieu of lands so relinquished by the state board of land commissioners are hereby ratified, approved, adopted and confirmed by the state of Idaho as of the date of such relinquishments and selections.

History:

[(58-206) 1911, ch. 6, sec. 5, p. 17; am. 1911, ch. 39, sec. 2, p. 85; reen. C.L. 120:6; C.S., sec. 2901; I.C.A., sec. 56-206.]
Idaho Code § 58-334 — Idaho Code / Title 58 / Chapter 3 / Section 58-334
58-334 COSTS OF SALE AND TRANSFER.
Status: in_force

58-334. Costs of sale and transfer. All costs of sale and of transferring property pursuant to such sale, including advertising, abstract fees and/or title insurance premiums, shall be borne by the purchaser, or in case of negotiated sale, transfer or exchange, shall be borne by the agency or person acquiring title to the property as a result thereof.

History:

[58-334, added 1951, ch. 223, sec. 4, p. 452.]
Idaho Code § 58-1308 — Idaho Code / Title 58 / Chapter 13 / Section 58-1308
58-1308 PENALTY FOR VIOLATION — INJUNCTIVE RELIEF.
Status: in_force

58-1308. Penalty for violation — Injunctive relief. (1) Any person who violates any of the provisions of this chapter or any valid and authorized regulation, rule, permit or order of the board, or, where notified by personal service or certified mail of such violation and thereafter fails to cease and desist therein or obey an order of the board within the time provided in such notification or within thirty (30) days of service of such notice if not otherwise provided, shall be subject to a civil penalty of not less than one hundred fifty dollars ($150) nor more than two thousand five hundred dollars ($2,500). Such civil penalty may be assessed by the board in conjunction with any other administrative action; provided, that no civil penalty shall be assessed unless the person was given notice and opportunity for a hearing pursuant to the administrative procedure act as set forth in chapter 52, title 67, Idaho Code. The board shall have authority and it shall be its duty to seek injunctive relief from the appropriate district court to restrain any person from encroaching on, in or above the beds or waters of a navigable lake until approval therefor has been obtained as provided in this chapter.

(2) In addition to the civil penalty set forth in subsection (1) of this section, any person who violates any of the provisions of this chapter or any valid and authorized regulation, rule, permit or order of the board, and the violation causes harm to water quality, fisheries, or other public trust values, shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) per violation or one thousand dollars ($1,000) for each day of a continuing violation, whichever is greater. The method of recovery of said penalty shall be by a civil enforcement action in the district court in and for the county where the violation occurred. Parties to an administrative enforcement action may agree to a civil penalty as provided in this subsection.

(3) In addition to such civil penalties, any person who has been determined to have violated the provisions of this chapter or any valid and authorized regulation, rule, permit or order of the board, shall be liable for any expense incurred by the state in enforcing the chapter, or in enforcing or terminating any nuisance, source of environmental degradation, cause of sickness or health hazard.

(4) No action taken pursuant to the provisions of this chapter or of any other environmental protection law shall relieve any person from any civil action and damages that may exist for injury or damage resulting from any violation of this chapter or any valid and authorized regulation, rule, permit or order of the board.

History:

[(58-1308) 58-149, as added by 1974, ch. 243, sec. 8, p. 1608; am. and redesig. 1990, ch. 362, sec. 8, p. 985; am. 2008, ch. 334, sec. 1, p. 919.]
Idaho Code § 58-105 — Idaho Code / Title 58 / Chapter 1 / Section 58-105
58-105 DIRECTOR.
Status: in_force

58-105. Director. The department of lands shall have an officer at its head who shall be known as the director, who shall, subject to the general regulation and control of the state board of land commissioners, exercise the powers and discharge the duties vested by law in him or in his department. The director may administer and certify oaths. With the approval of the state board of land commissioners, the director shall provide for the organization of the department, its subordinate divisions and the administrators thereof, the hiring of assistants, clerks or other professional personnel pursuant to chapter 53, title 67, Idaho Code, and shall apportion the duties between such divisions or personnel as he may deem necessary to the conduct of the business of the department. The director shall promulgate such rules and regulations, subject to the approval of the board of land commissioners, as will assure the effective administration of the department and implementation of the directives of the state board of land commissioners.

History:

[(58-105) 1919, ch. 81, sec. 5, p. 289; C.S., sec. 2870; I.C.A., sec. 56-105; am. 1974, ch. 17, sec. 42, p. 308.]
Idaho Code § 58-119 — Idaho Code / Title 58 / Chapter 1 / Section 58-119
58-119 POWERS OF DEPARTMENT.
Status: in_force

58-119. Powers of department. The department of lands shall have power:

1. To exercise, under the general control and supervision of the state board of land commissioners all the rights, powers and duties vested by law in the state board of land commissioners, except the supervision of public investments, the administration of the Carey Act and the administration of chapter 26 of title 42, Idaho Code.

2. To exercise all the rights, powers and duties of the register of the state board of land commissioners except such as have been transferred.

3. To organize a central land records unit within the department for the purpose of establishing and maintaining an inventory and plat of all lands owned, leased, or held in trust by the state or any of its agencies, departments, institutions or instrumentalities, and to require any such agency, department, institution or instrumentality to file with the unit for recordation and platting any instrument by which the state or any such agency, department, institution or instrumentality acquires or disposes of title to real property or an estate therein.

History:

[(58-119) 1919, ch. 81, sec. 19, p. 289; C.S., sec. 2884; I.C.A., sec. 56-119; am. 1974, ch. 17, sec. 47, p. 308.]
Idaho Code § 58-603 — Idaho Code / Title 58 / Chapter 6 / Section 58-603
58-603 RIGHTS OF WAY FOR PUBLIC UTILITY LINES, HIGHWAY, AND OTHER PURPOSES.
Status: in_force

58-603. Rights of way for public utility lines, highway, and other purposes. The state board of land commissioners is hereby empowered to grant, over and upon any land owned or controlled by the state of Idaho, rights of way for railroad, telegraph, telephone and electric lines, pipelines for natural and manufactured gas, rights of way for highway purposes, and rights of way for any other public or private purpose or beneficial use. Application for such right of way must be accompanied by a map, in duplicate, showing the course of such right of way over each smallest legal subdivision of land, and the amount of land required for said right of way. The said right of way may be granted by the state board of land commissioners upon such terms and upon such compensation being paid therefor as the said board may determine: provided, that no land shall be sold under the provisions of this section for less than ten dollars ($10.00) per acre. Upon the said right of way being granted, it shall be the duty of the director of the department of lands to enter the same upon the plats of state lands on file in his office: provided further, that if the lands so granted are not used for the purpose specified in the application for right of way, within five (5) years from the granting of such right of way, then in such event the said lands so granted shall revert to the state; or if the tracks or works upon such lands for which such right of way has been granted are not completed within five (5) years after such right of way has been granted, the state land board shall have the right to declare such rights of way forfeited.

History:

[(58-603) 1907, p. 310, sec. 1; reen. R.C., sec. 1637; reen. C.L. 125:3; C.S., sec. 2954; am. 1931, ch. 40, sec. 1, p. 75; I.C.A., sec. 56-503; am. 1974, ch. 17, sec. 73, p. 308.]
Idaho Code § 58-312 — Idaho Code / Title 58 / Chapter 3 / Section 58-312
58-312 OCCUPATION OF LAND WITHOUT LEASE — PENALTY — SUIT FOR CIVIL DAMAGES.
Status: in_force

58-312. Occupation of land without lease — Penalty — Suit for civil damages. All persons using or occupying any state land without a lease from the state, and all persons who shall use or occupy state lands for more than thirty (30) days after the cancellation or expiration of a lease, shall be regarded as trespassers, and upon conviction shall be fined in a sum of not less than twenty-five dollars ($25.00) nor more than $500, or shall be punished by imprisonment in the county jail for a term of not to exceed six (6) months, or by both such fine and imprisonment. Any criminal suit under this section may be instituted by any person against any trespasser, and regardless of the fact whether or not the said land is under lease to any person other than the trespasser, and in case of a lessee, the sureties of his bond shall be liable to a civil suit for all damages sustained by the state by reason of the trespass. Any suit for civil damages against a trespasser, may be instituted by the attorney general in the name of the state, or in the event the land trespassed upon is leased, such suit for civil damages may be brought by the lessee in his own name: provided further, it shall be the duty of the prosecuting attorney to commence and prosecute all criminal actions under this section, arising in his county.

History:

[(58-312) 1905, p. 131, sec. 27; reen. R.C., sec. 1578; am. 1911, ch. 195, sec. 1, p. 653; reen. C.L., sec. 1578; C.S., sec. 2912; am. 1927, ch. 66, sec. 1, p. 82; I.C.A., sec. 56-312.]
Idaho Code § 58-335 — Idaho Code / Title 58 / Chapter 3 / Section 58-335
58-335 LANDS EXEMPT FROM ACT.
Status: in_force

58-335. Lands exempt from act. This act shall not be construed as applying to any lands or properties acquired under the act of congress, known as the Idaho Admission Act, or in the subsequent operations of the various endowment funds of the state. Nor shall this act apply to any lands or properties in the custody of the state board of education and the board of regents of the University of Idaho in their corporate capacity; provided however, that the state board of education and the board of regents, desiring to avail themselves of the facilities of this act, for the sale, exchange or transfer of any such properties, may proceed to negotiate a sale, transfer or exchange with the state board of land commissioners as would any other tax-supported agency. If the state board of education and the board of regents of the University of Idaho does not avail itself of the facilities of this act, then the state board of education and the board of regents shall use a process for disposal of real property that includes, at a minimum, a required appraisal and public notice of the proposed real property disposal prior to disposal; and for property disposals that are not part of an exchange or transfer, consideration given to granting a first option to purchase to local, state and federal governmental entities.

History:

[58-335, added 1951, ch. 223, sec. 5, p. 452; am. 2004, ch. 331, sec. 1, p. 987; am. 2015, ch. 18, sec. 1, p. 24.]
Idaho Code § 58-1105 — Idaho Code / Title 58 / Chapter 11 / Section 58-1105
58-1105 ACTION BY OWNER FOR TAKING OF PROPERTY — AWARD OF EXPENSES OF LITIGATION.
Status: in_force

58-1105. Action by owner for taking of property — Award of expenses of litigation. Should an owner of real property be required to bring an action against the department, a political subdivision, or an agency for the taking of real property by such department, political subdivision, or agency, and prevail in such action, the court may award, or the department, political subdivision, or agency may pay, the plaintiff such sum as will in the opinion of the court or the department, political subdivision, or agency reimburse such plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the proceeding.

History:

[58-1105, added 1971, ch. 158, sec. 5, p. 774.]
Idaho Code § 58-106 — Idaho Code / Title 58 / Chapter 1 / Section 58-106
58-106 OFFICES.
Status: in_force

58-106. Offices. The department shall maintain a central office in Ada county. The director may in his discretion and with the approval of the state board of land commissioners, establish and maintain, at places other than the seat of government, branch offices for the conduct of any one (1) or more functions of his department.

History:

[(58-106) 1919, ch. 81, sec. 6, p. 289; C.S., sec. 2871; I.C.A., sec. 56-106; am. 1974, ch. 17, sec. 43, p. 308; am. 2001, ch. 183, sec. 24, p. 635.]
Idaho Code § 58-502 — Idaho Code / Title 58 / Chapter 5 / Section 58-502
58-502 EXPENDITURES FOR MANAGEMENT AND UTILIZATION OF AREAS — SALE OF PRODUCTS.
Status: in_force

58-502. Expenditures for management and utilization of areas — Sale of products. When lands are acquired or leased under section 58-501, the state board of land commissioners is hereby authorized to make expenditures from any funds not otherwise obligated, for the management, development and utilization of such areas by the director of the department of lands; to sell or otherwise dispose of products from such lands, and to make such rules and regulations as may be necessary to carry out the purposes of this act.

History:

[58-502, added 1937, ch. 201, sec. 2, p. 340.]
Idaho Code § 58-413 — Idaho Code / Title 58 / Chapter 4 / Section 58-413
58-413 TIME IN WHICH TO CUT TIMBER — EXTENSION OF TIME.
Status: in_force

58-413. Time in which to cut timber — Extension of time. The timber cut on lands, where the timber only is purchased, must be cut within the time specified in the contract of sale, but not to exceed fifteen (15) years. The state board of land commissioners shall specify the time within which timber must be cut at the time of sale. If, at the expiration of the contract period named at the time of sale in which the timber must be removed, the purchaser desires further time for the removal of said timber, application may be made to the state board of land commissioners for such extension, giving the legal subdivision or cutting unit upon which such extension is desired, and making satisfactory proof that the timber purchased under the contract has not been cut or removed, and the state board of land commissioners may extend the time from year to year, for a period of not to exceed fifteen (15) years from date of sale, upon payment of such additional interest and extension fees as the board may require. All timber remaining after such period shall be the property of the state.

History:

[58-413, added 1985, ch. 254, sec. 4, p. 707.]
Idaho Code § 58-132 — Idaho Code / Title 58 / Chapter 1 / Section 58-132
58-132 EXTENSION AND DECLARATION OF POWERS AND DUTIES OF STATE BOARD OF LAND COMMISSIONERS.
Status: in_force

58-132. Extension and declaration of powers and duties of state board of land commissioners. In order that financial aid cooperation from the federal government, which is now and may hereafter become available may be taken advantage of, and that land in the state of Idaho be put to its best possible use, it shall be the duty of the state board of land commissioners to integrate and unify the policy and administration of land use in the state, and to determine the best use or uses, viewed from the standpoint of general welfare, to be made of state land now owned or hereafter acquired, including the determination of what land should be in county or state or federal ownership, and, in order to carry out the intentions of this chapter, the state board of land commissioners is hereby authorized and directed to classify state owned lands with respect to their value for forestry, reforestation, watershed protection and recreational purposes.

In determining the best use or uses of land, the state board of land commissioners may call upon the Idaho division of tourism and industrial development and/or other state departments, divisions and agencies for inventories, classifications, maps and other data relative to land, and said Idaho division of tourism and industrial development and other state departments, divisions and agencies shall furnish the said board with inventories, classifications, maps and other data upon request of the board. Said board may also call upon the boards of county commissioners in counties wherein the lands are situated for advice and recommendations in determination of future use and administration of said lands.

History:

[58-132, added 1935 (1st E.S.), ch. 6, sec. 1, p. 13; am. 1937, ch. 213, sec. 1, p. 359.]
Idaho Code § 58-1502 — Idaho Code / Title 58 / Chapter 15 / Section 58-1502
58-1502 DEFINITIONS.
Status: in_force

58-1502. definitions. (1) "Cooperative weed management area" means a multi-governmental association cooperating to control noxious weeds in a geographic area that includes some portion of Idaho.

(2) "Department" means the Idaho state department of agriculture.

(3) "Fees" means the revenue collected by the United States secretary of the interior from assessments on livestock using public lands.

(4) "Grazing district" means an administrative unit of land:

(a) Designated by the director of the department as valuable for grazing and for raising forage crops; and

(b) That consists of any combination of the following:

(i) Public lands;

(ii) Private land;

(iii) State land; and

(iv) Endowment land.

(5) "Public lands" means vacant, unappropriated, reserved, and unreserved federal lands.

(6) "Rangeland improvement account" means the account created in section 58-1504, Idaho Code.

(7) "Sales" or "leases" means the sale or lease, respectively, of isolated or disconnected tracts of public lands by the United States secretary of the interior.

History:

[58-1502, added 2024, ch. 47, sec. 1, p. 254.]
Idaho Code § 58-316 — Idaho Code / Title 58 / Chapter 3 / Section 58-316
58-316 FORFEITURE OF RIGHTS OF DELINQUENT PURCHASER — REINSTATEMENT — DISPOSITION OF PURCHASE MONEY.
Status: in_force

58-316. Forfeiture of rights of delinquent purchaser — Reinstatement — Disposition of purchase money. If any purchaser of state land after receiving a certificate of purchase, as provided in this chapter, shall fail to make any of the payments stipulated therein, and the same remains unpaid for thirty (30) days after the time when it should have been paid as specified in such certificate, the director of the department of lands shall, by certified letter addressed to such delinquent purchaser at his last known post-office address, notify such purchaser of such delinquency and of the amount due, and that unless such amount be paid within sixty (60) days after the date of mailing such letter and notice, the board will declare all rights of the purchaser in and to said land forfeited and the certificate and contract relating thereto annulled.

After the expiration of said period of sixty (60) days, the state board of land commissioners shall declare such forfeiture, and shall annul said contract and certificate. Such action of the board shall be recorded in the minutes of the proceedings of the board. When such forfeiture shall have been declared and entered in the minutes, as hereinbefore provided, all rights of such purchaser in and to said lands shall be and are extinguished and the state board of land commissioners may sell the land again: provided, that unless other disposition has meanwhile been made of the land, said state board of land commissioners may, upon application of the former purchaser, if such application is made within two (2) years after the certificate has been canceled, reinstate any such canceled certificate upon compliance by the purchaser with such conditions as the board may impose. Such conditions to be imposed by the board shall include the funding of delinquent instalments of principal and interest accrued to the date of reinstatement, by distributing the same in annual payments, to commence with the expiration of the original period covered by the contract of sale, or any extension or extensions thereof, such deferred payments to draw interest from the date of the reinstatement of the certificate; but the board may, in its discretion, impose other conditions, and may, in its discretion, require the payment of such delinquencies in cash at the time of reinstatement. On reinstatement being made the board may, in its discretion, give credit to the purchaser, as for interest paid on his contract, of any amounts which may have been paid by the purchaser as rent of the land during the period of the cancellation of his certificate. Any and all reinstatements of certificates of purchase of state lands heretofore made by the state board of land commissioners are hereby legalized and validated: provided further, that in case of such default and declaration of forfeiture except as provided for in this section, all previous payments made by a purchaser on account of such land shall be forfeited to the state, and the title and right of possession to such land shall be in the state as if no sale had ever been made.

All purchase moneys arising from the sale of state land shall without delay be paid by the director of the department of lands to the treasurer who shall receipt for the same, and the same shall be credited by the treasurer to the land bank fund to which the land sold belonged. All earnings on such money shall be paid forthwith by the director to the state treasurer and credited by the treasurer to the land bank fund to which the land belonged: provided, that moneys arising from the sale of state land and earnings on those moneys shall be managed by the state board of land commissioners pursuant to section 58-133, Idaho Code; and provided further, that upon the application of any such owner of a certificate of purchase of state land, filed with the director before the expiration of the sixty (60) days limited in said notice, showing by affidavit, or otherwise, that he is unable to pay the amount then due, or that it would work great hardship upon him to be required to make such payment at that time, and stating that he believes he will be unable to make such payment on or before November first of the current year, the state board of land commissioners may extend the time of payment of the amount then due to November first succeeding: provided, that in case of such extension the purchaser shall pay interest on the amount due from January first of the current year to the date of payment at the rate per annum, set by the state board of land commissioners, such interest to be part of the amount payable. Provided, the state board of land commissioners may, in its sole discretion, enter into a supplemental agreement with any owner and holder of a sale certificate on state land, by the terms of which all delinquent payments of principal and interest due on such certificate may be deferred beyond the end of the term of such certificate, or any prior extension thereof, a number of years equal to the period of such delinquency. The said sum so deferred shall draw interest the same as if it were originally a part of the purchase price named in the sale certificate from the date of the supplemental certificate herein referred to until paid. The forms, terms and conditions of such supplemental agreement, and the form of the application therefor, shall be as prescribed by the board. Any such supplemental agreement as herein provided, and any agreement reinstating a canceled certificate, as herein provided, shall be deemed a part of the original sale certificate.

History:

[(58-316) 1905, p. 131, sec. 21; reen. R.C. & C.L., sec. 1581; C.S., sec. 2916; am. 1921, ch. 59, sec. 1, p. 109; am. 1925, ch. 97, sec. 1, p. 142; am. 1927, ch. 220, sec. 1, p. 318; I.C.A., sec. 56-316; am. 1933, ch. 9, sec. 2, p. 8; am. 1945, ch. 157, sec. 1, p. 233; am. 1953, ch. 97, sec. 1, p. 128; am. 1969, ch. 317, sec. 2, p. 976; am. 1974, ch. 17, sec. 65, p. 308; am. 1980, ch. 324, sec. 1, p. 819; am. 1992, ch. 241, sec. 9, p. 717; am. 1998, ch. 256, sec. 48, p. 844.]
Idaho Code § 58-507 — Idaho Code / Title 58 / Chapter 5 / Section 58-507
58-507 LEGISLATIVE FINDINGS AND PURPOSES.
Status: in_force

58-507. Legislative findings and purposes. The legislature of the state of Idaho finds:

(1) That the following described tracts of endowment land, containing fifty-seven and two-tenths (57.2) acres of endowment land, more or less, managed by the state board of land commissioners, are located near, adjacent to, or within the boundaries of Ponderosa State Park near McCall, Idaho:

(a) Part Government Lot 1, Part Government Lot 2, Section 4, T18N, R3E, B.M., containing forty-eight (48) acres, more or less, and commonly referred to as Lakeview Village;

(b) One (1) parcel of vacant land in Government Lots 1 and 2, Section 4, T18N, R3E, B.M., containing six (6) acres, more or less;

(c) Part Government Lot 7, Section 34, T19N, R3E, B.M., containing two and eight-tenths (2.8) acres, more or less, commonly referred to as the Nazarene Church Camp;

(d) One (1) cottage site lease lot in Government Lot 7, Section 34, T19N, R3E, B.M., containing four-tenths (.4) acres, more or less, currently leased to Marie Whitesel.

(2) That the Idaho park and recreation board manages Ponderosa State Park for public recreation and desires to consolidate ownership and management of the described parcels of endowment land with the existing park;

(3) That endowment lands are held in trust by the state board of land commissioners and are managed to generate the maximum long-term financial returns to the institution to which granted, or to the state if not specifically granted;

(4) That any transaction in which the Idaho park and recreation board acquires title to endowment lands, for inclusion in Ponderosa State Park, the state board of land commissioners shall receive title to real property of equivalent market value through land exchange;

(5) The Idaho park and recreation board and the state board of land commissioners have agreed to enter into a contract by which the Idaho park and recreation board may acquire the described endowment lands, associated timber, and improvements now owned by the state board of land commissioners, through land exchange at not less than fair market value, as determined by qualified appraisals;

(6) The Idaho park and recreation board has agreed to acquire title to the described endowment lands subject to any outstanding rights and reservations of record, and shall pay all costs of the transactions including, but not limited to, surveys and appraisals;

(7) It is the intent of the legislature to provide funds for this exchange to the Idaho park and recreation board in a timely manner.

History:

[58-507, added 1998, ch. 289, sec. 1, p. 926.]
Idaho Code § 58-104 — Idaho Code / Title 58 / Chapter 1 / Section 58-104
58-104 STATE LAND BOARD — POWERS AND DUTIES.
Status: in_force

58-104. State land board — Powers and duties. The state board of land commissioners shall have power:

1. To exercise the general direction, control and disposition of the public lands of the state.

2. To appoint its executive officer, the director of the department of lands.

3. To perform legislative functions not inconsistent with law and to delegate to its executive officer and his assistants the execution of all policies adopted by it.

4. To review upon appeal all decisions of the director of the department of lands in contested matters.

5. To determine the policy, direct the work to be undertaken, solicit bids, contract for work to be performed, and appropriate from its funds the money necessary to carry out such work.

6. To prescribe rules, not inconsistent with law, for the government of the department, the conduct of its employees and clerks, the distribution and performance of its business and the custody, use and preservation of the records, papers, books, documents, and property pertaining thereto.

7. To engage in reseeding and reforestation programs on the public lands of the state.

8. To exchange any public lands of the state, over which the board has power of disposition and control for lands of equal value, the title to which, or power of disposition, belongs or is vested in the governing body or board of trustees of any state governmental unit, agency or institution.

9. (a) To regulate and control the use or disposition of lands in the beds of navigable lakes, rivers and streams, to the natural or ordinary high water mark thereof, so as to provide for their commercial, navigational, recreational or other public use; provided, that the board shall take no action in derogation of or seeking to interfere with the riparian or littoral rights of the owners of upland property abutting or adjoining such lands; except that when necessary to provide for the highest and best use of such lands for commercial, navigational, recreational or other public purposes, the board may acquire the riparian or littoral rights of upland owners by purchase or gift. The term "natural or ordinary high water mark" as herein used shall be defined to be the line which the 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. Provided that this definition shall not be construed so as to affect or change the vested property rights of either the state of Idaho or of riparian or littoral property owners. Lands lying below the meander line of a lake bed encompassing a national wildlife refuge as established under the authority of the Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 1222), as amended, or the Fish and Wildlife Coordination Act (48 Stat. 401), as amended, or the Fish and Wildlife Act of 1956 (70 Stat. 1119), as amended (16 U.S.C. 742a through 742i), are not subject to the application of this act.

(b) Revenue generated by the state from navigable waterways, except mineral royalties, shall be deposited in the navigable waterways fund, which is hereby created in the dedicated fund of the state treasury, and used for the state's administration of navigable waterways, and may be expended only pursuant to appropriation. At the beginning of each fiscal year, those moneys in the navigable waterways fund that exceed two hundred percent (200%) of the current year's appropriations for the state's administration of navigable waterways shall be deposited in the waterways improvement fund established pursuant to section 57-1501, Idaho Code.

(c) Royalties arising from extraction of minerals from navigable waterways shall be deposited in the public school permanent endowment fund established pursuant to section 33-902, Idaho Code.

10. To enter into a joint exercise of powers agreement with the United States forest service in the department of agriculture pursuant to section 67-2328, Idaho Code.

11. To direct and oversee the conduct and operations of the endowment fund investment board and the Idaho department of lands.

12. To appoint and consult with expert advisors for each critical function for which the state board of land commissioners has responsibility. In this context, the term "expert advisor" shall mean a person engaged in the business for which he holds himself out to be an expert and who is experienced in that field.

13. Strategically plan and establish policies to coordinate the management of state lands with the investment goals of the permanent endowment funds and earnings reserve funds.

14. To provide reports of the status and performance of state endowment lands and the respective endowment funds to the state affairs committees of the senate and the house of representatives within fourteen (14) days after a regular session of the legislature convenes.

15. To make distributions to endowment income funds as provided in section 57-723A, Idaho Code.

History:

[(58-104) 1919, ch. 81, sec. 4, p. 289; C.S., sec. 2869; I.C.A., sec. 104; am. 1955, ch. 61, sec. 1, p. 119; am. 1965, ch. 295, sec. 1, p. 785; am. 1967, ch. 236, sec. 1, p. 694; am. 1974, ch. 17, sec. 40, p. 308; am. 1996, ch. 281, sec. 1, p. 911; am. 1998, ch. 256, sec. 45, p. 841; am. 2004, ch. 154, sec. 1, p. 489; am. 2015, ch. 86, sec. 1, p. 212.]
Idaho Code § 58-202 — Idaho Code / Title 58 / Chapter 2 / Section 58-202
58-202 LIEU SELECTIONS FOR SCHOOL LANDS SOLD PRIOR TO ADMISSION.
Status: in_force

58-202. Lieu selections for school lands sold prior to admission. The state board of land commissioners is authorized, empowered and directed to judiciously ascertain and locate the general grants of land made by congress to the state of Idaho and when said board shall find that sections 16 and 36, or any part or parts thereof, in every township of the state were sold or otherwise disposed of by or under the authority of any act of congress prior to July 3, 1890, on the admission of the state of Idaho into the union, then the said board shall by and with the approval of the secretary of the interior or the secretary of agriculture, when necessary, select from the surveyed, unreserved and unappropriated lands of the United States within the limits of the state of Idaho, other lands equivalent thereto in area and value, in legal subdivisions of not less than one-quarter (1/4) section.

History:

[(58-202) 1911, ch. 6, sec. 1, p. 16; reen. C.L. 120:2; C.S., sec. 2897; I.C.A., sec. 56-202; am. 1974, ch. 235, sec. 1, p. 1598.]
Idaho Code § 58-1414A — Idaho Code / Title 58 / Chapter 14 / Section 58-1414A
58-1414A IMPOSITION OF FEES.
Status: in_force

58-1414A. Imposition of fees. (1) There is hereby imposed, as of January 1, of each year, a fee upon owners of dry grazing land within the state of Idaho for the purpose of funding the activities and obligations of the Idaho rangeland resources commission. The fee shall be in the amount of two cents (2¢) per acre of dry grazing land. "Dry grazing land" is that category of land defined by the state tax commission for property tax purposes. No later than the third Monday in July, the county assessor shall provide the Idaho rangeland resources commission, via electronic media, an alphabetic list of the owners of dry grazing land in the county, as shown on the records of the county. The information on dry grazing land shall be provided as follows:

(a) Owner name;

(b) Billing address;

(c) County;

(d) Parcel identification number;

(e) Number of acres.

An owner of dry grazing land shall not be assessed the fee contained herein if the owner's or owners' legal representative signs an affidavit attesting under penalties of perjury that the dry grazing land is not utilized for grazing. The commission shall provide the form and the affidavit shall be filed with the commission prior to the second Monday in July of the current year. The commission shall file a duplicate copy of any affidavit received with the appropriate county assessor.

(2) In addition to the fees imposed in subsection (1) of this section, there is hereby imposed, as of January 1 of each year a fee of ten cents (10¢) per animal unit month on all domestic cattle and sheep utilizing state grazing lands in the state of Idaho. The Idaho department of lands is hereby directed to collect this fee in conjunction with its annual billing for rental of grazing lands and shall remit such collection to the Idaho rangeland resource committee on a monthly basis.

(3) In addition to the fees imposed in subsections (1) and (2) of this section, there is hereby imposed, as of January 1, of each calendar year, a fee of ten cents (10¢) per animal unit month on all domestic cattle and sheep utilizing United States forest service and bureau of land management lands in the state of Idaho if a joint exercise of powers agreement or memorandum of understanding has been entered into authorizing the collection of such a fee. The federal agencies shall, as part of their billing process, include provisions for the collection of this fee and remittance of the fee to the Idaho rangeland resources commission.

(4) The fee established in subsections (1), (2) and (3) of this section, shall be a debt of the owner(s), lessee(s) or permittee(s) of the dry grazing land obligated to pay the fee and the fee shall be a debt owed the commission and may be collected by the commission using the normal process to recover a debt.

(5) Any person may request from the commission in writing, within thirty (30) calendar days after payment thereof, a refund of all or any portion of an assessment levied hereunder. The commission shall make the refund not later than sixty (60) days after receipt of refund request as long as the commission has received the moneys from the entity collecting the assessment.

(6) The commission may at its discretion, determine by a majority vote of the commission the minimum fees to be assessed as described in this section. Once such minimum fees have been adopted, the commission shall collect no fee owed pursuant to this section which is equal to or less than the minimum set by the commission. Prior to the adoption of minimum fees by the commission as described in this subsection, the minimum fee owed the commission shall be five dollars ($5.00) for the owners of dry grazing land as described in subsection (1) of this section. There shall be no minimum fee for the assessments described in subsections (2) or (3) of this section unless otherwise determined by the commission.

History:

[58-1414A added 1996, ch. 233, sec. 1, p. 761; am. 1998, ch. 117, sec. 1, p. 433.]
Idaho Code § 58-602 — Idaho Code / Title 58 / Chapter 6 / Section 58-602
58-602 RESERVOIR LANDS MAY BE WITHHELD FROM SALE.
Status: in_force

58-602. Reservoir lands may be withheld from sale. When it shall appear upon an investigation by the state board of land commissioners that certain lands belonging to the state are more valuable for reservoir purposes than for any other purpose, the said board may withhold such lands from sale, and such lands shall be reserved by the state for storage purposes as a means of reclaiming other state lands in the vicinity. If, upon investigation, it is ascertained that certain state lands are more valuable for reservoir purposes than for any other purpose, and can be used as a means of reclaiming other lands in that vicinity, the said board may withhold the same from sale until such time as it is advisable to sell the same and may sell such lands as a whole for the purpose of reservoir site, and upon such terms and conditions as they may deem advisable, but no such lands shall be sold for less than ten dollars ($10.00) per acre: provided, that if the lands so sold for reservoir purposes are not used for the purpose of said reservoir, or if the works in connection with which said reservoir is to be used are not constructed within five (5) years from the granting or sale of the said lands, or such further time as the state land board shall grant, the rights granted shall revert to the state.

History:

[(58-602) 1901, p. 191, sec. 9; am. 1907, p. 527, sec. 2; reen. R.C., sec. 1636; reen. C.L. 125:2; C.S., sec. 2953; I.C.A., sec. 56-502.]
Idaho Code § 58-1307 — Idaho Code / Title 58 / Chapter 13 / Section 58-1307
58-1307 FEES FOR SPECIFIED PERMITS — COSTS OF PUBLICATION.
Status: in_force

58-1307. Fees for specified permits — Costs of publication. Application for a permit for any noncommercial navigational encroachment shall be accompanied by a nonrefundable fee of up to five hundred dollars ($500). Application for a permit for any noncommercial nonnavigational encroachment for bank stabilization and erosion control or for fisheries and wildlife habitat improvements shall be accompanied by a nonrefundable fee of up to one thousand dollars ($1,000). Application for a permit for any other nonnavigational or commercial navigational encroachment or navigational encroachment which extends beyond the line of navigability shall be accompanied by a nonrefundable base fee, not to exceed three thousand five hundred dollars ($3,500). Provided however, the board shall charge applicants for permits for commercial navigational encroachments the actual costs of processing the application in the event the actual costs exceed three thousand five hundred dollars ($3,500). In addition, the board shall charge the applicant with costs of publishing notice of the application which shall be refunded if such notice is not published. Any person or agency requesting a hearing upon the application shall deposit and pay to the board an amount sufficient to cover the cost of publishing notice of hearing.

History:

[(58-1307) 58-148, added 1974, ch. 243, sec. 7, p. 1608; 1990, am. and redesig., ch. 362, sec. 7, p. 985; am. 1992, ch. 225, sec. 1, p. 675; am. 2006, ch. 133, sec. 1, p. 388; am. 2010, ch. 155, sec. 1, p. 330.]
Idaho Code § 58-331 — Idaho Code / Title 58 / Chapter 3 / Section 58-331
58-331 DESIGNATION OF SURPLUS REAL PROPERTY.
Status: in_force

58-331. Designation of surplus real property. Real property of the state of Idaho, the use of which by any department, officer, board, commission or other administrative agency of the state shall be terminated by law, and real property in the custody and control of any such agency which the agency shall declare to be no longer useful to or usable by it, shall be deemed surplus, and custody and control thereof shall thereupon be vested in and title be transferred to the state board of land commissioners, subject to disposition by said board in accordance with the provisions of this act.

History:

[58-331, added 1951, ch. 223, sec. 1, p. 452; am. 2000, ch. 305, sec. 1, p. 1041; am. 2026, ch. 344, sec. 2, p. 1340.]
Idaho Code § 58-503 — Idaho Code / Title 58 / Chapter 5 / Section 58-503
58-503 DISPOSITION OF REVENUES FROM LANDS.
Status: in_force

58-503. Disposition of revenues from lands. All revenues derived from lands now owned or later acquired under the provision of this act shall be segregated by the state treasurer for the use of the state board of land commissioners in the acquisition, management, development and use of such lands until all obligations incurred have been paid in full. Thereafter, fifty per cent (50%) of all net profits accruing from the administration of such lands shall be applicable for such purposes as the legislature may prescribe, and fifty per cent (50%) shall be paid into the school fund of the county in which lands are located. Provided, however, that revenues generated from such lands that are subsequently transferred to the department of parks and recreation shall remain with the department of parks and recreation.

History:

[58-503, added 1937, ch. 201, sec. 3, p. 340; am. 1990, ch. 209, sec. 1, p. 466.]
Idaho Code § 58-1410 — Idaho Code / Title 58 / Chapter 14 / Section 58-1410
58-1410 COMMISSION ACCEPTING GRANTS, DONATIONS AND GIFTS.
Status: in_force

58-1410. Commission accepting grants, donations and gifts. The commission may accept grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this chapter which may be specified as a condition of any grant, donation or gift. All funds received under the provisions of this chapter shall be paid into a bank account in the name of the Idaho rangeland resources commission and such moneys are hereby continuously appropriated and made available for defraying the expenses of the commission in carrying out the provisions of this chapter.

History:

[58-1410, added 1994, ch. 374, sec. 1, p. 1206.]
Idaho Code § 58-902 — Idaho Code / Title 58 / Chapter 9 / Section 58-902
58-902 CLAIM — WHAT TO CONTAIN.
Status: in_force

58-902. Claim — What to contain. Every claim, to enable the holder to maintain any action as aforesaid, must contain not more than 160 acres of land, to be in compact form, and so distinctly marked that the boundaries thereof may be easily traced: provided, that when the United States government has set aside any tract of land subject to homestead entry of not more than 320 acres in such homestead, each claim under the provisions of this chapter may contain 320 acres.

History:

[(58-902) 1874, p. 751, sec. 2; R.S. & R.C., sec. 4553; am. 1913, ch. 102, sec. 1, p. 422; reen. C.L., sec. 4553; C.S., sec. 6972; I.C.A., sec. 56-802.]
Idaho Code § 58-504 — Idaho Code / Title 58 / Chapter 5 / Section 58-504
58-504 PAYMENT OF OBLIGATIONS.
Status: in_force

58-504. Payment of obligations. Obligations for the acquisition of land incurred by the state board of land commissioners under the authority of this act shall be paid solely and exclusively from revenues derived from such lands and shall not impose any liability upon the general credit and taxing power of the state.

History:

[58-504, added 1937, ch. 201, sec. 4, p. 340.]
Idaho Code § 58-415 — Idaho Code / Title 58 / Chapter 4 / Section 58-415
58-415 MEASURING METHOD USED IN SALE OF STATE-OWNED FOREST PRODUCTS.
Status: in_force

58-415. Measuring method used in sale of state-owned forest products. For sales of forest products from state lands, the state board of land commissioners shall cause the forest products to be measured, in lieu of selling by lump sum based on a cruise, unless in the discretion of the state board of land commissioners it shall be in the interest of the state to use the lump sum method. Acceptable methods of measuring forest products shall include, but are not limited to, weight, scaling, cubing, by the lineal foot, or by the piece.

History:

[(58-415) 1943, ch. 95, sec. 1, p. 190; am. 1949, ch. 163, sec. 1, p. 351; am. 1957, ch. 119, sec. 1, p. 198; am. 1973, ch. 134, sec. 1, p. 251; am. 1974, ch. 17, sec. 71, p. 308; am. 1976, ch. 65, sec. 1, p. 232; am. 1978, ch. 258, sec. 1, p. 563; am. and redesignated from 58-416, 1985, ch. 254, sec. 6, p. 707; am. 2006, ch. 130, sec. 1, p. 381; am. 2007, ch. 50, sec. 1, p. 123.]
Idaho Code § 58-1407 — Idaho Code / Title 58 / Chapter 14 / Section 58-1407
58-1407 MEETINGS OF THE COMMISSION.
Status: in_force

58-1407. Meetings of the commission. The commission shall meet not less than one (1) time in every three (3) month period and at such times as may be determined by either the chairman or a majority of the commission members. Any meeting may be held at any location within the state, and at any time.

History:

[58-1407, added 1994, ch. 374, sec. 1, p. 1205.]
Idaho Code § 58-1408 — Idaho Code / Title 58 / Chapter 14 / Section 58-1408
58-1408 DUTIES AND POWERS OF THE COMMISSION.
Status: in_force

58-1408. Duties and powers of the commission. (1) Consistent with the general purposes of this chapter, the commission shall establish the policies to be followed in the accomplishments of such purposes.

(2) In the administration of the provisions of this chapter, the commission shall, in conjunction and cooperation with other entities which represent the livestock grazing industry, have the following duties, authorities and powers.

(a) Conduct research and surveys to determine public attitudes and levels of knowledge regarding rangeland management and the livestock grazing industry;

(b) Design educational campaigns and other needed efforts to provide the public with accurate information regarding the management of Idaho's rangelands and the livestock grazing industry;

(c) Be an advocate for the proper management of Idaho's rangelands and for a healthy livestock grazing industry in the state;

(d) Be a source of accurate and timely data regarding the rangeland resource and the livestock grazing industry;

(e) Make projections regarding availability of forage, new or existing products and markets, and other biological or social trends which might affect rangeland management or the livestock grazing industry in Idaho; and

(f) Cooperate with any local, state or national organization or agency, whether voluntary or created by the law of any state or by national law, engaged in work or activities similar to the work and activities of the commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education and publicity.

(3) The commission shall also have the duty, power and authority:

(a) To take such actions as the commission deems necessary or advisable to stabilize and protect the livestock grazing industry of the state and the health and welfare of the public;

(b) To enter into such contracts as may be necessary or advisable;

(c) To appoint and employ officers, agents and other personnel, including experts in publicizing rangeland management or the livestock grazing industry, and to prescribe their duties and fix their compensation;

(d) To sue and be sued as a board, without individual liability of the board members, when the board is acting within the scope of the powers of the board;

(e) To make use of such advertising means and methods as the commission deems advisable and to enter into contracts and agreements for research and advertising within the state;

(f) To lease, purchase or own the real or personal property deemed necessary in the administration of the provisions of this chapter;

(g) To prosecute in the name of the state of Idaho any suit or action for collection of any assessment provided for in this chapter;

(h) To adopt, rescind, modify and amend all necessary and proper orders, resolutions and regulations for the procedure and exercise of its powers and the performance of its duties;

(i) To incur indebtedness and carry on all business activities; and

(j) To keep books and records and accounts of all its doings, which books, records and accounts shall be open to inspection at all times by the state controller and the public.

History:

[58-1408, added 1994, ch. 374, sec. 1, p. 1205; am. 2003, ch. 32, sec. 28, p. 133.]
Idaho Code § 58-301 — Idaho Code / Title 58 / Chapter 3 / Section 58-301
58-301 APPRAISEMENT — FEE — REAPPRAISEMENT — APPROPRIATION FOR APPRAISEMENT.
Status: in_force

58-301. Appraisement — Fee — Reappraisement — Appropriation for appraisement. The board may cause all lands belonging to the state to be appraised, at such times, in such manner and by such means as the board shall decide, and may require the actual cost of an appraisal to be collected from the purchaser at the time of the sale, in addition to the sum bid for the land. All appraisements are under the control of the board, which may approve or disapprove of the same, in whole or in part, and may, at any time, direct a reappraisement or new appraisement to be made: provided further, that the board may require the person or persons seeking such land to be appraised to pay such fee in advance; and when the land shall be thereafter sold, if the purchaser be other than the party seeking such appraisement the sum or sums or the due proportion thereof so advanced by the party seeking such appraisement shall be returned to the party paying the same.

History:

[(58-301) 1905, p. 131, sec. 10; reen. R.C. & C.L., sec. 1569; C.S., sec. 2902; am. 1921, ch. 19, sec. 1, p. 28; I.C.A., sec. 56-301; am. 1986, ch. 114, sec. 1, p. 306; am. 1992, ch. 241, sec. 2, p. 713.]
Idaho Code § 58-1104 — Idaho Code / Title 58 / Chapter 11 / Section 58-1104
58-1104 UNSUCCESSFUL OR ABANDONED EMINENT DOMAIN PROCEEDING — AWARD OF LITIGATION EXPENSE.
Status: in_force

58-1104. Unsuccessful or abandoned eminent domain proceeding — Award of litigation expense. (a) Should the court having jurisdiction of an eminent domain proceeding brought by the department, a political subdivision, or an agency seeking condemnation of an owner's property render judgment that the department, political subdivision, or agency may not acquire the property by condemnation or should the proceeding be abandoned by the department, political subdivision, or agency, the court may award or the department, political subdivision, or agency may pay the owner of the real property such sum as will in the opinion of the court or the department, political subdivision, or agency reimburse such owner for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceeding.

(b) Should the department, political subdivision or agency amend the project after filing the condemnation complaint and service of the summons and the defendant property owner has actually incurred costs, disbursements, expenses and/or attorney's fees thereafter directly relating to factual or legal issues or damage claims that are rendered moot by such amendment, then upon motion by the defendant property owner prior to judgment the court shall award such sum as will in the opinion of the court reimburse such defendant property owner for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and expert fees, actually incurred for generating the evidence rendered moot by reason of the amendment. The parties may stipulate that the factual or legal issues or damage claims are rendered moot by such amendment, or the court may determine such upon submission of affidavits by the parties. Factors for the court to consider demonstrating that the property owner incurred costs that are directly related include, but are not limited to:

(1) Communications, or lack thereof, between the defendant property owner and the department, political subdivision or agency identifying the issues or claims rendered moot or requesting modifications to the project after service of the summons and prior to the time such amendment was made;

(2) Disclosure by the defendant property owner of expert reports, letters or opinions after service of the summons and prior to the time the amendment was made;

(3) Whether the department, political subdivision or agency and the defendant property owner each acted reasonably in negotiations after service of the summons and prior to such amendment; and/or

(4) Whether the claimed costs, disbursements and expenses actually caused the amendment.

Any costs, fees or expenses awarded by the court on such motion shall be paid by the department, political subdivision or agency within sixty (60) days after the court rules on the motion and prior to the conclusion of the case.

If the department, political subdivision or agency and the defendant property owner agree to an amendment as part of a settlement agreement or resolution of a particular issue or claim, the department, political subdivision or agency is not required to pay the defendant property owner's costs incurred relating to said amendment, unless the parties agree to such payment as part of the settlement or resolution of a particular issue or claim.

History:

[58-1104, added 1971, ch. 158, sec. 4, p. 774; am. 2014, ch. 269, sec. 1, p. 673.]
Idaho Code § 58-323 — Idaho Code / Title 58 / Chapter 3 / Section 58-323
58-323 UNEARNED INTEREST — CERTIFICATE OF REBATE — ALLOWANCE AND PAYMENT.
Status: in_force

58-323. Unearned interest — Certificate of rebate — Allowance and payment. The officer receiving such final payment of principal for the state in cases of unearned and rebatable interest, or the officer receiving money paid by error or mistake on the principal or interest on such certificate of sale, is hereby authorized, directed and empowered to execute and deliver, over his signature, to the person entitled thereto, a certificate stating, in cases of rebate of unearned interest, that the holder or his assignee, is entitled to a rebate of unearned interest under the terms of this chapter, giving the amount thereof, the date to which the interest on said certificate of sale had been paid, and the date when the principal on said certificate of sale was paid in full; and in cases of payment of principal or interest made by error or mistake, stating the date of the payment and the nature of the error or mistake, and the amount of rebate due. The said claim shall be paid from the fund of the state into which the moneys represented by said claim were paid and distributed on their receipt by the state, which payment shall be made by warrant drawn by the state controller on the treasurer of the state of Idaho, as in the case of other claims against the state.

History:

[(58-323) 1919, ch. 33, sec. 3, p. 114; C.S., sec. 2923; am. 1923, ch. 87, sec. 1, p. 99; I.C.A., sec. 56-323; am. 1992, ch. 241, sec. 10, p. 719; am. 1994, ch. 180, sec. 124, p. 503.]
Idaho Code § 58-124 — Idaho Code / Title 58 / Chapter 1 / Section 58-124
58-124 DIRECTOR OF DEPARTMENT — ASSISTANTS — APPOINTMENT — DUTIES — SALARY AND EXPENSES — OATH AND BOND — TERM OF OFFICE.
Status: in_force

58-124. Director of department — Assistants — Appointment — Duties — Salary and expenses — Oath and bond — Term of office. The state board of land commissioners shall appoint the director of the department who shall have general supervision of all field work, and with such assistants as he, with the approval of the board may appoint, select, locate and appraise all lands which are now, or may be hereafter, granted to this state by the United States for any purpose whatever, and who shall perform the other duties as shall be required of him by the board, or as shall be prescribed by their rules. He shall be paid the salary determined by the board and his actual and necessary expenses while traveling on business of the board. Said director and his assistants shall each take the oath of office and be bonded to the state of Idaho in the time, form and manner prescribed in chapter 8, title 59, Idaho Code. Said assistants shall receive their actual and necessary expenses while traveling on business for the board. The director may employ necessary clerical and other assistants for carrying on the business of the state department of lands and fix their compensation. The director and other appointees of the board shall hold their respective positions during the pleasure of the board.

History:

[(58-124) 1905, p. 131, sec. 8; reen. R.C., sec. 1564; am. 1909, p. 79, sec. 2; am. 1913, ch. 94, sec. 1, p. 383; am. 1915, ch. 121, sec. 1, p. 266; part of section transferred to C.L., sec. 1564a; reen. C.L., sec. 1564; C.S., sec. 2889; am. 1921, ch. 86, sec. 1, p. 163; I.C.A., sec. 56-124; am. 1971, ch. 136, sec. 36, p. 522; am. 1974, ch. 17, sec. 51, p. 308.]
Idaho Code § 58-1101 — Idaho Code / Title 58 / Chapter 11 / Section 58-1101
58-1101 SHORT TITLE.
Status: in_force

58-1101. Short title. This act shall be known as the "Idaho Real Property Acquisition Act of 1971."

History:

[58-1101, added 1971, ch. 158, sec. 1, p. 774.]
Idaho Code § 58-108 — Idaho Code / Title 58 / Chapter 1 / Section 58-108
58-108 EMPLOYEES.
Status: in_force

58-108. Employees. The department is empowered to employ necessary employees, and, if the rate of compensation is not otherwise fixed by law, to fix their compensation.

History:

[(58-108) 1919, ch. 81, sec. 8, p. 289; C.S., sec. 2873; I.C.A., sec. 56-108.]
Idaho Code § 58-133 — Idaho Code / Title 58 / Chapter 1 / Section 58-133
58-133 ACQUISITION, SALE, LEASE, EXCHANGE OR DONATION OF PUBLIC LANDS — CREATION AND OPERATION OF LAND BANK FUND.
Status: in_force

58-133. Acquisition, sale, lease, exchange or donation of public lands — Creation and operation of land bank fund. (1) The state board of land commissioners may select and purchase, lease, receive by donation, hold in trust, or in any manner acquire for and in the name of the state of Idaho such tracts or leaseholds of land as it shall deem proper, and after inventory and classification as provided herein, shall determine the best use or uses of said lands: provided, however, that all state-owned lands classified as chiefly valuable for forestry, reforestation, recreation and watershed protection are hereby reserved from sale and set aside as state forests.

(2) The proceeds from the sale of state endowment land may be deposited into a fund which shall be known as the "land bank fund," which is hereby created in the state treasury for the purpose of temporarily holding proceeds from land sales pending the purchase of other land for the benefit of the beneficiaries of the endowment. A record shall be maintained showing separately from each of the respective endowments the moneys received from the sale of endowment lands. Moneys from the sale of lands which are a part of an endowment land grant shall be used only to purchase land for the same endowment.

(3) All moneys deposited in the land bank fund, including earnings on those moneys, are hereby continually appropriated to the state board of land commissioners for the purposes enumerated in this section. The state board of land commissioners may hold proceeds from the sale of land in the land bank fund for a period not to exceed five (5) years from the effective date of sale. If, by the end of the fifth year, the proceeds from the land sale have not been encumbered to purchase other land within the state, the proceeds shall be deposited in the permanent endowment fund of the respective endowment along with any earnings on the proceeds from the land sale, unless the period is extended by the legislature.

History:

[58-133, added 1935 (1st E.S.), ch. 6, sec. 2, p. 13; am. 1937, ch. 213, sec. 2, p. 359; am. 1998, ch. 256, sec. 46, p. 843; am. 2003, ch. 230, sec. 1, p. 590.]
Idaho Code § 58-506 — Idaho Code / Title 58 / Chapter 5 / Section 58-506
58-506 SEPARABILITY.
Status: in_force

58-506. Separability. Should any part of this act be declared unconstitutional or invalid by a court of competent jurisdiction, it shall not affect the validity of the remainder of the act, but the act shall be construed as though that part were not incorporated therein.

History:

[58-506, added 1937, ch. 201, sec. 6, p. 340.]
Idaho Code § 58-141A — Idaho Code / Title 58 / Chapter 1 / Section 58-141A
58-141A REVOLVING FUND FOR WATER AND SEWER DISTRICT — APPROPRIATION.
Status: in_force

58-141A. Revolving fund for water and sewer district — Appropriation. All moneys received by the state of Idaho pursuant to the provisions of section 58-304A, Idaho Code, representing reimbursement of unpaid connection fees or charges, monthly rates, tolls or charges, or special benefits payments due water and sewer districts by cottage site lessees pursuant to the provisions of section 39-3609, Idaho Code, 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 to be used for the reimbursement of water and sewer districts of amounts of unpaid connection fees or charges, monthly rates, tolls or charges, and special benefits payments attributable to cottage site leases which were forfeited as provided in section 39-3610, Idaho Code.

History:

[58-141A, added 1979, ch. 100, sec. 3, p. 244.]
Idaho Code § 58-1310 — Idaho Code / Title 58 / Chapter 13 / Section 58-1310
58-1310 EXISTING RIGHTS UNAFFECTED.
Status: in_force

58-1310. Existing rights unaffected. This act shall not operate or be so construed as to impair, diminish, control or divest any existing or vested water rights acquired under the laws of the state of Idaho or the United States, nor to interfere with the diversion of water from lakes under existing or vested water rights or water right permits for irrigation, domestic, commercial or other uses as recognized and provided for by Idaho water laws nor shall permit be required from a water user or his agent to clean, maintain or repair any existing diversion structure or works provided the board is notified of the work proposed to be done and the work is done as nearly as possible in a manner conforming to rules and regulations of the board for work done under permit nor shall this act be construed to impair existing encroachments in aid of navigation or any right heretofore granted an applicant by the director of the Idaho department of water resources or the director of the department of lands, nor shall this act be construed to impair existing nonnavigational encroachments not extending beyond the natural or ordinary high water mark if they have been in existence at least five (5) years prior to the effective date of this act nor any other existing nonnavigational encroachment unless action to abate the same by legal proceedings be instituted by the board within three (3) years of the effective date of this act. If abatement proceedings be instituted by the board, the court shall hear such evidence as would be pertinent upon an original application and shall consider also the length of time the encroachment has existed and its general acceptance.

History:

[(58-1310) I.C., sec. 58-151, as added by 1974, ch. 243, sec. 10, p. 1608; 1990, redesignated, ch. 362, sec. 10, p. 986.]
Idaho Code § 58-405 — Idaho Code / Title 58 / Chapter 4 / Section 58-405
58-405 LAND BOARD TO ACT ON APPLICATION.
Status: in_force

58-405. Land board to act on application. Upon the expiration of the time for filing protests as provided herein, the director of the department of lands shall refer all papers to the state board of land commissioners. If there be any protests from the director of the department of water resources, or any other persons, the board shall consider such protests, and such data as the director of the department of lands may furnish, together with his recommendations, and shall decide whether or not, the timber in question should be disposed of: provided, however, that the state board of land commissioners shall determine the trees or timber to be reserved on such land; provided further, however, that decisions by the state board of land commissioners to dispose of timber shall not receive judicial review pursuant to the administrative procedure act, chapter 52, title 67, Idaho Code.

History:

[(58-405) 1905, p. 145, sec. 6; reen. R.C. & C.L., sec. 1593; C.S., sec. 2930; am. 1921, ch. 38, sec. 3, p. 48; I.C.A., sec. 56-405; am. 1974, ch. 17, sec. 68, p. 308; am. 1993, ch. 216, sec. 95, p. 665.]
Idaho Code § 58-136 — Idaho Code / Title 58 / Chapter 1 / Section 58-136
58-136 HOLDING IN TRUST MONEY OR LANDS DONATED.
Status: in_force

58-136. Holding in trust money or lands donated. The state board of land commissioners shall have authority to receive and to hold in trust any money or lands donated, bequeathed, or devised and to carry out the terms, if any, of such donation, bequest or devise, or, in the absence of such terms or conditions, expend, use and administer the same as it may deem advisable in the public interest.

History:

[58-136, added 1935 (1st E.S.), ch. 6, sec. 5, p. 13.]
Idaho Code § 58-1508 — Idaho Code / Title 58 / Chapter 15 / Section 58-1508
58-1508 PROMOTION OF MULTIPLE-USE MANAGEMENT OF RANGELAND RESOURCES.
Status: in_force

58-1508. Promotion of multiple-use management of rangeland resources. (1) The department shall work cooperatively to promote efficient multiple-use management of the rangeland resources of the lands administered by the federal bureau of land management, the United States forest service, and other lands to benefit the overall public interest.

(2) The department may serve as an independent resource for mediating disputes concerning permit issues within the scope of subsection (1) of this section.

History:

[58-1508, added 2024, ch. 47, sec. 1, p. 256.]
Idaho Code § 58-414 — Idaho Code / Title 58 / Chapter 4 / Section 58-414
58-414 OTHER STATUTES UNAFFECTED.
Status: in_force

58-414. Other statutes unaffected. Nothing in sections 58-411 through 58-413, Idaho Code, shall be construed as changing or modifying any other statute relative to the sales of timber, but shall be construed as being in addition thereto, and as authorizing the sale of timber on such terms and conditions as provided in sections 58-411 through 58-413, Idaho Code.

History:

[(58-414) 1907, p. 193, sec. 6; reen. R.C. & C.L., sec. 1603; C.S., sec. 2940; am. 1925, ch. 84, sec. 1, p. 118; I.C.A., sec. 56-414; am. 1951, ch. 41, sec. 1, p. 51; am. and redesignated from 58-415, 1985, ch. 254, sec. 5, p.707.]
Idaho Code § 58-402 — Idaho Code / Title 58 / Chapter 4 / Section 58-402
58-402 DISPOSAL OF DEAD AND DOWN TIMBER.
Status: in_force

58-402. Disposal of dead and down timber. Dead and down timber on state land and trees and/or brush growing thereon and which are not suitable for sawing, manufacture or processing, and which are not required for water conservation, may be sold and disposed of by the director of the department of lands for the use of any applicant when authorized so to do by any general or special resolution of the state land board, upon written application being filed therefor, and without necessity of advertising as is otherwise provided by law on sale of state owned timber. The state land board may authorize the cutting and removal of an amount of such material, not to exceed fifteen (15) standard cords by an individual for his personal use as firewood without any payment to the state.

History:

[(58-402) C.S., sec. 2925A, as added by 1931, ch. 174, sec. 1, p. 289; I.C.A., sec. 56-402; am. 1943, ch. 96, sec. 1, p. 191; am. 1965, ch. 40, sec. 1, p. 64.]
Idaho Code § 58-114 — Idaho Code / Title 58 / Chapter 1 / Section 58-114
58-114 REPORTS.
Status: in_force

58-114. Reports. The director shall annually on or before the first day of December, and at such other times as the governor or the board may require, report in writing to the governor and the board concerning the condition, management and financial transactions of his department.

History:

[(58-114) 1919, ch. 81, sec. 14, p. 289; C.S., sec. 2879; I.C.A., sec. 56-114; am. 1974, ch. 17, sec. 45, p. 308.]
Idaho Code § 58-118 — Idaho Code / Title 58 / Chapter 1 / Section 58-118
58-118 DEPARTMENT SUCCESSOR TO ABOLISHED OFFICES.
Status: in_force

58-118. Department successor to abolished offices. Whenever rights, powers and duties, which have heretofore been vested in or exercised by any officer or board, or any deputy or subordinate officer thereof, are, by this chapter, transferred, either in whole or in part, to be vested in the department created by this chapter, such rights, powers and duties shall be vested in, and shall be exercised by, the department, and every act done in the exercise of such rights, powers and duties shall have the same legal effect as if done by the former office or board, or any deputy or subordinate officer thereof. Every person shall be subject to the same obligations and duties and shall have the same rights arising from the exercise of such rights, powers and duties as if such rights, powers and duties were exercised by the officer or board, or deputy, or subordinate thereof, designated in the respective laws which are to be administered by the department created by this chapter. Every person shall be subject to the same penalty or penalties, civil or criminal, for failure to perform any such obligation or duty, or for doing a prohibited act, as if such obligation or duty arose from, or such act were prohibited in, the exercise of such right, power or duty by the officer or board, or deputy or subordinate thereof, designated in the respective laws which are to be administered by the department created by this chapter. Every officer and employee shall, for any offense, be subject to the same penalty or penalties, civil or criminal, as are prescribed by existing law for the same offense by any officer or employee whose powers or duties devolved upon him under this chapter. All books, records, papers, documents, property, real and personal, unexpended appropriations, and pending business in any way pertaining to the rights, powers and duties so transferred to or vested in the department created by this chapter, shall be delivered and transferred to the department succeeding to such rights, powers and duties.

Whenever reports or notices are now required to be made or given, or papers or documents furnished or served by any person to or upon any officer or board, or deputy or subordinate thereof, abolished, or where duties are transferred by this chapter, the same shall be made, given, furnished, or served in the same manner to or upon the department herein created; and every penalty for failure so to do shall continue in effect.

This chapter shall not affect any act done, ratified or confirmed, or any right accrued or established, or any action or proceeding had or commenced in a civil or criminal cause before this chapter takes effect in relation to the matters placed under the jurisdiction of the department herein created; but such actions or proceedings may be prosecuted and continued by the department created herein.

History:

[(58-118) 1919, ch. 81, sec. 18, p. 289; C.S., sec. 2883; I.C.A., sec. 56-118.]
Idaho Code § 58-201 — Idaho Code / Title 58 / Chapter 2 / Section 58-201
58-201 ACCEPTANCE OF FEDERAL LIEU LAND SELECTION GRANT.
Status: in_force

58-201. Acceptance of federal lieu land selection grant. The state of Idaho hereby accepts the provisions of sections 2275 and 2276 of the Revised Statutes of the United States as amended by an act of congress February 28, 1891 (26 St. L. 796), and the rights and privileges granted to states and territories by said act.

History:

[58-201, added 1911, ch. 39, sec. 1, p. 85; am. C.L. 120:1; C.S., sec. 2896; I.C.A., sec. 56-201.]
Idaho Code § 58-318 — Idaho Code / Title 58 / Chapter 3 / Section 58-318
58-318 SUPPLYING LOST CERTIFICATES.
Status: in_force

58-318. Supplying lost certificates. Whenever a certificate of purchase shall be lost or wrongfully withheld by any person from the owner thereof, the state board of land commissioners may receive evidence of such loss or wrongful detention, and upon satisfactory proof of the fact, may cause the certificate of purchase, or deed, as the case may be, to issue to such person or to his grantees or assigns, as shall appear to them to be the proprietor of the land described in the original certificate of purchase.

History:

[(58-318) 1905, p. 131, sec. 23; reen. R.C. & C.L., sec. 1584; C.S., sec. 2918; I.C.A., sec. 56-318.]
Idaho Code § 58-304 — Idaho Code / Title 58 / Chapter 3 / Section 58-304
58-304 LEASES.
Status: in_force

58-304. Leases. (1) The state board of land commissioners may lease any portion of the state land at a rental amount fixed and determined by the board. The rental amount shall be due and payable by the date and upon the terms set by the board in the lease. Provided however, all grazing leases shall provide for annual payments which shall be due and payable by the date set by the board in the lease.

(2) The state board of land commissioners shall notify the lessee of any increase in the applicable rental rate six (6) months in advance of the date the rent is due and payable.

(3) The lessee shall pay the rental to the director of the department of lands, who shall receipt for the same in the name of the board. Upon receiving such rental, the director shall immediately transmit the same to the state treasurer.

History:

[(58-304) 1905, p. 131, sec. 13; reen. R.C. & C.L., sec. 1572; C.S., sec. 2905; am. 1923, ch. 96, sec. 15, p. 115; am. 1927, ch. 120, sec. 1, p. 164; I.C.A., sec. 56-304; am. 1933, ch. 114, sec. 1, p. 184; am. 1941, ch. 91, sec. 4, p. 164; am. 1974, ch. 17, sec. 58, p. 308; am. 1981, ch. 148, sec. 1, p. 258; am. 1985, ch. 182, sec. 1, p. 467; am. 1987, ch. 62, sec. 1, p. 114; am. 1992, ch. 241, sec. 3, p. 714; am. 2000, ch. 84, sec. 1, p. 176; am. 2007, ch. 49, sec. 1, p. 122; am. 2008, ch. 27, sec. 14, p. 54.]
Idaho Code § 58-127 — Idaho Code / Title 58 / Chapter 1 / Section 58-127
58-127 FEES.
Status: in_force

58-127. Fees. The board of land commissioners is hereby empowered to set the fees for sales, leases, easements of state land and all other transactions in the department of lands.

All moneys collected for fees shall be paid to the state treasurer and shall be credited to the endowment earnings reserve account for endowment land management, and to the general account for all other activities unless otherwise provided by law; provided, however, that in all cases where filing or other fees or rent moneys have been paid to the board by two (2) or more applicants for the same lands, such fees, or rent moneys, may be returned to the unsuccessful applicant from any moneys in the possession of the board; provided, that such payments shall be made out of the account to which they may have been credited.

History:

[58-127, added 1980, ch. 111, sec. 2, p. 250; am. 2007, ch. 182, sec. 1, p. 531.]
Idaho Code § 58-321 — Idaho Code / Title 58 / Chapter 3 / Section 58-321
58-321 REBATES OF UNEARNED INTEREST ON CERTIFICATES OF SALE.
Status: in_force

58-321. Rebates of unearned interest on certificates of sale. In all cases where, since January 1, 1917, interest on deferred payments of principal due the state of Idaho on contracts or certificates of sale of state lands has been, or shall hereafter be, paid in advance and during the advance period for which such interest is paid, the principal of said contract or certificate of sale is paid in full, thereby leaving in the hands of the state of Idaho a balance of unearned interest, such balance of unearned interest shall be repaid to the certificate or contract holder who makes final payment of principal thereon.

History:

[(58-321) 1919, ch. 33, sec. 1, p. 114; C.S., sec. 2921; I.C.A., sec. 56-321.]
Idaho Code § 58-1106 — Idaho Code / Title 58 / Chapter 11 / Section 58-1106
58-1106 OWNER LEFT WITH UNECONOMIC OR LANDLOCKED REMNANT — ACQUISITION OF WHOLE TRACT.
Status: in_force

58-1106. Owner left with uneconomic or landlocked remnant — Acquisition of whole tract. When the acquisition of real property by the department, political subdivision, or agency would leave the owner with an uneconomic remnant or a landlocked tract of land, the department, political subdivision, or agency may acquire by purchase or eminent domain the uneconomic remnant, the landlocked tract, or the whole of the real property affected by the acquisition.

History:

[58-1106, added 1971, ch. 158, sec. 6, p. 774.]
Idaho Code § 58-317 — Idaho Code / Title 58 / Chapter 3 / Section 58-317
58-317 SALES OF LESS THAN LEGAL SUBDIVISIONS.
Status: in_force

58-317. Sales of less than legal subdivisions. The state board of land commissioners may cause any portion of state lands to be laid out in subdivisions of less area than the legal subdivisions of the United States survey, upon showing to the satisfaction of the board that said subdivisions will be more salable or will sell at a better price than when undivided or that public convenience will be served thereby. A plat of any such subdivisions shall be filed in the office of the recorder of the county where said lands are situated. The board may sell such subdivisions from time to time, at public auction, in such quantities and on such terms as shall enable the state to realize the best prices therefor.

History:

[(58-317) 1905, p. 131, sec. 22; reen. R.C. & C.L., sec. 1582; C.S., sec. 2917; am. 1927, ch. 78, sec. 1, p. 97; I.C.A., sec. 56-317; am. 1987, ch. 95, sec. 1, p. 187.]