Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-14
Only EASEMENTS
TO Be GIVEN TO .
THE RAILROADS
Title Will Rest With State
Unless Land Is Purchased
at Auction as Provided by
Law.

the state land board OF Idaho will be
but easements, title resting in the
state, unless the land included is pur-
chased at public auction, as provided
by law when clear title will pass on
the part of the state to the purchaser,
or the land is secured through con-
demnation proceedings. This is, in
brief the rule laid down In
the case recently decided by the
supreme court in Carter McVine To-
hey VS.. ]. H. Bridgewood, the import
ance of which is now becoming APP
parent to the states legal department
and others interested. The issue Is
one of unusual Importance in the state
of Idaho. Attorney General d. c. Nc
Dougall stated, when interviewed,
that, in his opinion, the ruling is clear
and important
Section 1887. revised codes, relating
to right of ways, reads as follows;
"The fact that the rights-of- ways
in this state are very valuable, AMI
the state has the right under the stat
ute to protect itself and its lands in
granting them, brings the issue up as
one of the most important that has
been raised for years"
Section 1887, revised codes, relating
to right of-ways, reads as follows:
What Law Says.
"The state board of land commits
sioners is hereby empowered to grant,
over and upon any land owned or con-
trolled by the state of Idaho, rights
Of way, for railroad. telegraph. tele-
phone and electric lines; also rights
of-way for highway purposes, AMI
rights of-way for any other public or
private purpose or beneficial use. APP
plcation for such right of way must
be accompanied by map, in dupli-
cate, showing the course of such right
of-way over each smallest legal sub
division 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 commits
sioners upon such terms and upon
such compensation being paid there
for as the said board may determine,
provided, that no land shall be sold
under the provisions of this section
for less than $40 per acre. Upon the
said right of way being granted, Il
shall be the duty Of the register of the
state land board to enter the same
upon the plats of the state lands OH
file In his office; provided, further,
that, If the lands SO granted are not
used for the purpose specified in the
application for right way, within
five years from the granting Of such
right Of way, then in such event the
said lands so granted shall revert to
the state; of, If the tracks or works
upon such lands for which such right
of-way has been granted are not COM
pleted within five years after such
right of way has been granted, the
state land board shall have the right
to declare such rights of way for
feited."
State Protected.
Section 1902 of the codes provides
1.-THE right way over and upon any
and all lands owned and controlled
by the state of Idaho is hereby grant
ed to any and all persons for the pur-
pose OF constructing and maintainins
any ditch, canal, conduit or Other
works for the diversion or carrying o
water for any beneficial use; provid
ed, that no property shall be taken un
der the provisions of this section unit
just compensation shall be pait
therefor, to be ascertained In the man
ner prescribed by law for the takini
Of private property for public use ;
In the Tobey case the supreme cour
clearly sets forth the rights of tn
state with regard to right Of ways
saying:
Rights Of State.
'This section of the code clearl,
grants a right-of-way upon land
owned or controlled by the state G
all persons for the purpose of con
structing and maintaining an
bitches, canals, conduits or othe
works for the diversion or carrying o
water for any beneficial use, and TIL
method or manner by which the right
of-way over and upon any state Ian
is passed. is a matter regulated by law
but this, however, does not apply unit
after just compensation shall be PAL
therefor TO be ascertained in the man
ner prescribed by law for the takin
of private property for public use
The manner of ascertaining what
q Just compensation for the taking c
private property for public use,
prescribed by statute, and\ that meth
cd is by contract made between tn
owner Of such property and the per
son or corporation seeking to tax
such property for public use, or b
condemnation proceedings under tn
laws OF the state: and the grant fo
q right of-way is not completed, an
neither does the title pass to the per
son seeking the public use of sue
land until compensation is paid, an
such compensation Is determined
the manner provided by law"