reglab/housing_qa huggingface dataset:
ID Code § 58-1103 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 11 - REAL PROPERTY ACQUISITION|Section 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.

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.]
ID Code § 58-1105 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 11 - REAL PROPERTY ACQUISITION|Section 58-1105 - ACTION BY OWNER FOR TAKING OF PROPERTY — AWARD OF EXPENSES OF LITIGATION.

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.]
ID Code § 58-1106 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 11 - REAL PROPERTY ACQUISITION|Section 58-1106 - OWNER LEFT WITH UNECONOMIC OR LANDLOCKED REMNANT — ACQUISITION OF WHOLE TRACT.

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.]
ID Code § 58-1201 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 12 - PUBLIC TRUST DOCTRINE|Section 58-1201 - FINDINGS.

58-1201. FINDINGS. The legislature hereby finds and declares: (1) Upon admission of the state of Idaho into the union, the title to the beds of navigable waters became state property, and subject to its jurisdiction and disposal under the equal footing doctrine. According to the United States supreme court’s decision in Shively v. Bowlby, the state has the right to dispose of the beds of navigable waters, "in such manner as [it] might deem proper,… subject only to the paramount right of navigation and commerce." The state has the right to determine for itself "to what extent it will preserve its rights of ownership in them, or confer them on others," Shively v. Bowlby, 152 U.S. 1, 56 (1893); and (2) Since the admission of the state of Idaho into the union, article XV of the constitution of the state of Idaho has governed the appropriation and use of the waters of Idaho. Pursuant to article XV of the constitution of the state of Idaho, the legislature of the state of Idaho has enacted a comprehensive system of laws for the appropriation, transfer and use of the waters of Idaho, which addresses the public interest therein; and (3) Upon admission of the state of Idaho into the union, the state was granted certain lands by the United States government as an endowment for designated institutions. Article IX of the constitution of the state of Idaho, and laws enacted pursuant thereto, establish a comprehensive system of laws for the management of state endowment lands, which addresses the public interest therein; and (4) The common law doctrine known as the public trust doctrine, adopted by inference in section 73-116, Idaho Code, has guided the alienation or encumbrance of the title to the beds of navigable waters held in trust by the state. The public trust doctrine has been cited in court decisions and pleadings in ways that have created confusion in the administration and management of the waters and endowment lands; and (5) The public’s interest in the environment is protected in other parts of Idaho’s constitutional or statutory law; and (6) The purpose of this act is to clarify the application of the public trust doctrine in the state of Idaho and to expressly declare the limits of this common law doctrine in accordance with the authority recognized in each state to define the extent of the common law.  History: [58-1201, added 1996, ch. 342, sec. 1, p. 1147.]
ID Code § 58-1202 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 12 - PUBLIC TRUST DOCTRINE|Section 58-1202 - DEFINITIONS.

58-1202. DEFINITIONS. For the purposes of this chapter, the following definitions apply: (1) "Beds of navigable waters" means those lands lying under or below the "natural or ordinary high water mark" of navigable waters. (2) "Natural or ordinary high water mark" means the line that water impresses on the soil by covering it for sufficient periods to deprive the soil of its vegetation and destroy its value for agricultural purposes. When the soil, configuration of the surface, or vegetation has been altered by man’s activity, the natural or ordinary high water mark shall be located where it would have been if no alteration had occurred. (3) "Navigable waters" means those waters that were susceptible to being used, in their ordinary condition, as highways for commerce on the date of statehood, under the federal test of navigability. (4) "Private property rights" means the property rights located above the beds of navigable waters. (5) "Public trust doctrine" means the common law rule relating to the title to the beds of navigable waters adopted by inference in section 73-116, Idaho Code.  History: [58-1202, added 1996, ch. 342, sec. 1, p. 1148.]
ID Code § 58-1203 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 12 - PUBLIC TRUST DOCTRINE|Section 58-1203 - LIMITATIONS TO THE APPLICATION OF THE PUBLIC TRUST DOCTRINE.

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.]
ID Code § 58-1301 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 13 - NAVIGATIONAL ENCROACHMENTS|Section 58-1301 - ENCROACHMENT ON NAVIGABLE LAKES — LEGISLATIVE INTENT.

58-1301. ENCROACHMENT ON NAVIGABLE LAKES — LEGISLATIVE INTENT. The legislature of the state of Idaho hereby declares that the public health, interest, safety and welfare requires that all encroachments upon, in or above the beds or waters of navigable lakes of the state be regulated in order that the protection of property, navigation, fish and wildlife habitat, aquatic life, recreation, aesthetic beauty and water quality be given due consideration and weighed against the navigational or economic necessity or justification for, or benefit to be derived from the proposed encroachment. No encroachment on, in or above the beds or waters of any navigable lake in the state shall hereafter be made unless approval therefor has been given as provided in this act.  History: [(58-1301) I.C., sec. 58-142, as added by 1974, ch. 243, sec. 1, p. 1608; 1990, redesignated, ch. 362, sec. 1, p. 980.]
ID Code § 58-1303 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 13 - NAVIGATIONAL ENCROACHMENTS|Section 58-1303 - ENCROACHMENT ON NAVIGABLE LAKES — POWERS OF STATE LAND BOARD.

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.]
ID Code § 58-1304 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 13 - NAVIGATIONAL ENCROACHMENTS|Section 58-1304 - ENCROACHMENT ON NAVIGABLE LAKES — RULES AND REGULATIONS.

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.]
ID Code § 58-1307 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 13 - NAVIGATIONAL ENCROACHMENTS|Section 58-1307 - FEES FOR SPECIFIED PERMITS — COSTS OF PUBLICATION.

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.]
ID Code § 58-1308 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 13 - NAVIGATIONAL ENCROACHMENTS|Section 58-1308 - PENALTY FOR VIOLATION — INJUNCTIVE RELIEF.

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.]
ID Code § 58-1309 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 13 - NAVIGATIONAL ENCROACHMENTS|Section 58-1309 - RESTORATION — MITIGATION OF DAMAGES.

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.]
ID Code § 58-1310 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 13 - NAVIGATIONAL ENCROACHMENTS|Section 58-1310 - EXISTING RIGHTS UNAFFECTED.

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.]
ID Code § 58-1311 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 13 - NAVIGATIONAL ENCROACHMENTS|Section 58-1311 - DISCLAIMER OF STATE PROPERTY RIGHTS IN PRIVATE LANDS.

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.]
ID Code § 58-1312 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 13 - NAVIGATIONAL ENCROACHMENTS|Section 58-1312 - PERMITTING OF EXISTING ENCROACHMENTS.

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. 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 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.]
ID Code § 58-1401 (2021)
2021 Idaho Code|Title 58 - PUBLIC LANDS|Chapter 14 - IDAHO RANGELAND RESOURCES COMMISSION|Section 58-1401 - DECLARATION OF POLICY.

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.]