reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-813 - NOTICE TO COMMENCE SUIT.

58-813. NOTICE TO COMMENCE SUIT. In case suits shall not be brought for the purpose of settling or determining any controversy to any such lands by either of the adverse claimants, within sixty (60) days after the expiration of the time for filing the statement as provided in section 58-804[, Idaho Code], it shall be the duty of the judge or corporate authorities to give notice to the adverse claimant last filing his claim, or if there be more than one adverse claim filed, then to the last adverse claimant, directing him to commence his action against the other claimants as defendants to determine their respective rights to said lands, within twenty (20) days from service of notice on him, and in case such adverse claimant neglects or refuses to commence the action within the time specified, he shall be deemed to have waived and relinquished all right, title, interest and estate in the lands so in controversy, and be forever barred from asserting or claiming any right, title, interest or estate therein. Such notice may be served by the sheriff of the county in which said town is situated, or by any person over the age of twenty-one (21) years, and proof of such service may be made as in case of summons issued out of the district court. If the person or sheriff to whom said notice is given to serve, shows by affidavit or return that such adverse claimant can not be found in the county in which said lands are situated, service of such notice shall be by publication thereof for three (3) weeks in some newspaper published in the county where the lands are situated, and if no paper be published in said county, then by posting such notice in three (3) public places in the town where the lands are situate, and in addition thereto said notice shall be mailed to such adverse claimant at his residence or usual place of abode. In case there be more than one adverse claimant, and the last neglect or refuse to commence his action after service of notice as aforesaid, said judge or corporate authority shall serve like notice on the last adverse claimant until all have been notified as aforesaid. The provisions of this section shall apply to, and have the same effect of notice and forfeiture as against any adverse claimants to, lands and lots in town sites heretofore entered under said act of congress, after notice shall have been served as aforesaid.
History:
[(58-813) 1874, p. 698, sec. 7; R.S., sec. 2206; am. 1905, p. 84, sec. 11; reen. R.C. & C.L., sec. 2159; C.S., sec. 3776; I.C.A., sec. 56-713.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-814 - SERVICE OF SUMMONS.

58-814. SERVICE OF SUMMONS. Whenever complaint shall be filed in any action as provided in this chapter, summons shall issue against the proper parties, and shall be served upon the proper person or persons named therein, as in other cases provided by law, or upon the agent or attorney of such person or persons who shall have filed the statements as required in section 58-804[, Idaho Code]; and in case service cannot be had upon the defendant, his agent or attorney, service may be made by publication thereof as provided by law.
History:
[(58-814) 1905, p. 84, sec. 12; reen. R.C. & C.L., sec. 2160; C.S., 3777; I.C.A., sec. 56-714.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-815 - CONVEYANCE OF LAND IN SUIT.

58-815. CONVEYANCE OF LAND IN SUIT. The corporate authorities or judge, as the case may be, shall convey said lands in accordance with the judgments entered in such actions: provided, however, in case of appeals or writs of error to the Supreme Court, such conveyance shall not be made until final determination by the decision of the Supreme Court.
History:
[(58-815) 1905, p. 84, sec. 13; reen. R.C. & C.L., sec. 2161; C.S., sec. 3778; I.C.A., sec. 56-715; am. 1975, ch. 214, sec. 7, p. 594.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-816 - EXPENSE OF ENTRY A CHARGE ON LAND.

58-816. EXPENSE OF ENTRY A CHARGE ON LAND. As soon as may be after the expiration of sixty (60) days after the first publication of the notice mentioned in section 58-803[, Idaho Code], the corporate authorities or judge holding the title to the lands described in such notice must make a true statement in writing containing a true account of all moneys expended in the acquisition of the title and the administration or execution of the trust to that time, including all moneys paid for the purchase of such land, all necessary traveling expenses, all moneys paid for posting and publishing notices, and the proof thereof, all costs of surveys and platting such lands, all necessary attorneys’ fees and costs of suit or actions necessarily prosecuted or defended in obtaining title to said lands, and for all other necessary and proper expenses incident to such trust, and also a true account of his time and service in the business of such trust to that time. The whole amount of such account for moneys so advanced, and reasonable charges for compensation as herein provided, is a charge upon the lands so held in trust, in favor of the trustee, and must be paid by the several claimants entitled to such lands who have filed their claims within the time mentioned in section 58-804, in proportion to the several quantities of shares thereof to which they are respectively entitled: provided, however, in incorporated cities or villages where the lands claimed are, owing to location, contour of surface or other causes, of different values, the city council, trustees or other legislative body of such city or village, may by ordinance fix the part or portion of the moneys so expended by such trustee and which are a charge against such lands, as herein provided, which shall be charged to each parcel of land, which shall be as near as may be in accordance with the relative values of the different parcels of land.
History:
[(58-816) R.S., sec. 2207; am. 1905, p. 84, sec. 14; reen. R.C. & C.L., sec. 2162; C.S., sec. 3779; I.C.A., sec. 56-716.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-817 - TENDER OF CHARGES AND FEES.

58-817. TENDER OF CHARGES AND FEES. Before the corporate authorities or judge holding any such lands in trust as aforesaid can be required to execute, acknowledge or deliver any conveyance thereof, or of any lot, block, parcel or share thereof, as hereinbefore mentioned, to any person claiming to be entitled to such conveyance, such person must pay or tender the sum of money chargeable upon the part thereof to be conveyed according to the statement or account mentioned in the last section, together with interest on each of the money items of such account at the rate of 24 per cent per annum from the time when the same accrued, and also such further sums as are a reasonable compensation for preparing, executing and acknowledging such conveyance, and the fees of the officer taking the acknowledgment thereof.
History:
[(58-817) 1874, p. 698, sec. 9; am. R.S., sec. 2208; am. R.C., sec. 2163; reen. C.L., sec. 2163; C.S., sec. 3780; I.C.A., sec. 56-717.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-818 - CONVEYANCE TO CLAIMANTS.

58-818. CONVEYANCE TO CLAIMANTS. After the expiration of sixty (60) days from the time of the first publication of the notice, the corporate authorities or judge holding the title to the lands described therein, must, upon a reasonable demand or request, and upon the payment or tender of the moneys mentioned in the last preceding section [58-817, Idaho Code], execute, acknowledge and deliver to each and every claimant, association or company of claimants of such lands, or of any lot, block, parcel or share thereof, a conveyance thereof, according to the statement made and deposited as aforesaid: provided, that no such conveyance must be executed, acknowledged or delivered for any part, lot, block or share of such lands to which there are adverse claimants, until the controversy thereon is settled or determined in the manner hereinbefore prescribed, and whenever any such controversy is so settled or determined, the said corporate authorities or judge must, upon the like demand or request, and the like payment or tender, convey the land, or interest, or share therein, the right to which has been thus ascertained, to the person thereby determined to be entitled to the same.
History:
[(58-818) 1874, p. 698, sec. 10; am. R.S., sec. 2209; reen. R.C. & C.L., sec. 2164; C.S., sec. 3781; I.C.A., sec. 56-718.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-819 - RIGHTS OF TRUSTEE AS CLAIMANT.

58-819. RIGHTS OF TRUSTEE AS CLAIMANT. In case any judge or other officer who enters any such lands under the provisions of the acts of congress and thus becomes the sole trustee thereof, is possessed of, or entitled to, any part, lot, block or share thereof, according to and by virtue of the provisions of this chapter, and the same is not claimed adversely to him by any person, he is seized and possessed of the title thereto and estate therein to his own use in fee simple, absolute, free and discharged of such trust, and no conveyance other than the patent of the lands including the same is necessary to perfect his absolute title thereto. In case any such land or share therein so claimed by said judge or other officer, is claimed by any other person adversely to him, the conflicting claims must be adjusted or determined by settlement, arbitration or action as hereinbefore prescribed.
History:
[(58-819) 1874, p. 698, sec. 11; am. R.S., sec. 2210; am. R.C., sec. 2165; reen. C.L., sec. 2165; C.S., sec. 3782; I.C.A., sec. 56-719.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-820 - TRUSTEE HOLDS TITLE FROM ENTRY.

58-820. TRUSTEE HOLDS TITLE FROM ENTRY. For the purpose of determining the rights of adverse claimants to any land so entered, the corporate authorities or judge hereinbefore mentioned is deemed to possess and hold the title to such lands in trust from the time of the entry thereof.
History:
[(58-820) 1874, p. 698, sec. 12; reen. R.S., sec. 2211; reen. R.C. & C.L., sec. 2166; C.S., sec. 3783; I.C.A., sec. 56-720.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-821 - COSTS OF SUIT.

58-821. COSTS OF SUIT. The costs in the actions mentioned in this chapter are recoverable as in other civil actions.
History:
[(58-821) 1874, p. 698, sec. 13; am. R.S., sec. 2212; reen. R.C. & C.L., sec. 2167; C.S., sec. 3784; I.C.A., sec. 56-721.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-822 - CONTRACTS FOR CONVEYANCE.

58-822. CONTRACTS FOR CONVEYANCE. Every person in whom the title to any lands is vested under and by the provisions of this chapter may be compelled to specifically perform any prior valid agreement for a conveyance.
History:
[(58-822) 1874, p. 698, sec. 14; R.S., sec. 2213; reen. R.C. & C.L., sec. 2168; C.S., sec. 3785; I.C.A., sec. 56-722.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-823 - SUCCESSOR IN OFFICE SUCCEEDS TO TRUST.

58-823. SUCCESSOR IN OFFICE SUCCEEDS TO TRUST. The successor in office of any judge, mayor or other officer who entered lands under said laws of the United States, or who was trustee for the execution of the trust in that behalf, whether such officer or trustee acted under this chapter, or under any other general law, or any local or special act relating to any city or incorporated town, shall succeed to the trust, and shall have authority to execute the same as fully as his predecessor, the original trustee, might have done while in office; and when a mayor’s or other trustee’s deed of any block, lot, share or parcel of any such town site has been lost or can not be found, and there is no record thereof in the office of the county recorder, such successor, upon application to him in writing, duly verified, showing that no mayor’s or other trustee’s deed can be found to the part or parcel of such town site described in the application, and that no such deed thereto is of record in the office of the recorder of the county, and that the applicant, his ancestor, predecessor or grantor has been in the quiet, peaceable and undisturbed possession of said premises under claim of title for the full period of five (5) years next before the application, must, by good and sufficient conveyance, grant and convey the title of the premises described in the application to the applicant, which conveyance must be executed and acknowledged, and shall take and have effect as provided by section 58-802[, Idaho Code], for which and the acknowledgment thereof the trustee shall be entitled to receive a fee of five dollars ($5.00) from the applicant: provided, that in every such application for a deed under the provisions of this section, where an adverse claim to such parcel of said town site shall be made to such mayor for the same, the mayor in every such case shall remit the parties claiming deeds to the same to a court of competent jurisdiction to settle the same, and when so determined, then the said mayor shall execute such deed to the prevailing party.
History:
[(58-823) 1874, p. 698, sec. 15; R.S., sec. 2214; am. 1890-1891, p. 201, sec. 1; reen. 1899, p. 141, sec. 1; am. R.C., sec. 2169; reen. C.L., sec. 2169; C.S., sec. 3786; I.C.A., sec. 56-723.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 9 - POSSESSORY ACTIONS FOR PUBLIC LANDS › Section 58-901 - ACTIONS TO PROTECT POSSESSORY RIGHTS.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 9 - POSSESSORY ACTIONS FOR PUBLIC LANDS › Section 58-902 - CLAIM — WHAT TO CONTAIN.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 9 - POSSESSORY ACTIONS FOR PUBLIC LANDS › Section 58-903 - CLAIM — NOTICE — AFFIDAVIT — RECORDING.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 9 - POSSESSORY ACTIONS FOR PUBLIC LANDS › Section 58-904 - IMPROVEMENT, CULTIVATION AND RESIDENCE.

58-904. IMPROVEMENT, CULTIVATION AND RESIDENCE. Within ninety (90) days after the date of such record said claimant must improve the land so recorded, unless the same has been previously improved by him or some one through whom he claims, by putting such improvements thereon as partake of the realty to the value of $200, and must continue to occupy and cultivate or graze the same or some portion thereof, either in person or by his agent or employee, and no person is entitled to maintain any such action unless he has complied with all the provisions of this chapter.
History:
[(58-904) 1874, p. 751, sec. 4; R.S., R.C., & C.L., sec. 4555; C.S., sec. 6974; I.C.A., sec. 56-804.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 9 - POSSESSORY ACTIONS FOR PUBLIC LANDS › Section 58-905 - ACTIONS — PROOF OF IMPROVEMENTS.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 11 - REAL PROPERTY ACQUISITION › Section 58-1102 - DEFINITIONS.

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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 14 - IDAHO RANGELAND RESOURCES COMMISSION › Section 58-1402 - DEFINITIONS.

58-1402. DEFINITIONS. As used in this chapter:
(1) "Rangelands" means land on which the native vegetation is predominately grasses, grass-like plants, forbs, or shrubs, including lands revegetated naturally or artificially when routine management of that vegetation is accomplished mainly through manipulation of grazing. Rangelands include natural grasslands, savannas, shrublands, most deserts, tundra, alpine communities, coastal marshes and wet meadows.
(2) "Private rangelands" means rangelands not owned by the federal government, state government, an Indian tribe or a political subdivision of the state.
History:
[58-1402, added 1994, ch. 374, sec. 1, p. 1203.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 14 - IDAHO RANGELAND RESOURCES COMMISSION › Section 58-1403 - RANGELAND RESOURCES COMMISSION CREATED — MEMBERS.

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.]