reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 4 - SALE OF TIMBER ON STATE LANDS › Section 58-406 - SALE OF PARCELS — ADVERTISEMENT OF SALE.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 4 - SALE OF TIMBER ON STATE LANDS › Section 58-407 - BOND OF PERSONS CUTTING TIMBER.

58-407. BOND OF PERSONS CUTTING TIMBER. The state board of land commissioners shall require of all persons cutting timber upon state lands, a bond in a sufficient amount, with good and approved sureties, for the carrying out in good faith all the laws applicable thereto and all the terms and conditions imposed by the state board of land commissioners.
In any action or proceeding brought for the purpose of setting aside a sale of timber directed by the state board of land commissioners or brought for the purpose of delaying or preventing the cutting or removal of timber by the purchaser at any such sale, in which any party seeks a stay or seeks a temporary restraining order or preliminary injunction against the state board of land commissioners, the state of Idaho or the purchaser, the court shall require security as provided in rule 65(c) of the Idaho rules of civil procedure, in an amount equal to not less than ten percent (10%) of either the appraised value of the timber or the purchase price of the sale, whichever is greater, for the benefit of the fund for which the state holds in trust the timber included in the sale.
History:
[(58-407) 1905, p. 145, sec. 8; reen. R.C. & C.L., sec. 1595; C.S., sec. 2932; am. 1921, ch. 38, sec. 5, p. 48; I.C.A., sec. 56-407; am. 1992, ch. 264, sec. 1, p. 819.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 4 - SALE OF TIMBER ON STATE LANDS › Section 58-408 - TREE DEFINED.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 4 - SALE OF TIMBER ON STATE LANDS › Section 58-409 - VIOLATION OF PRECEDING SECTIONS A MISDEMEANOR — ACTION FOR DAMAGES.

58-409. VIOLATION OF PRECEDING SECTIONS A MISDEMEANOR — ACTION FOR DAMAGES. Any person violating any of the provisions of sections 58-401 to 58-410[, Idaho Code], inclusive, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in the sum of not less than ten dollars ($10.00) nor more than $100, or be punished by imprisonment of not less than sixty (60) days, or by both fine and imprisonment, as the court may direct. Suit may also be brought in the name of the state whenever such damage has been caused by any violation of the provisions of sections 58-401 to 58-410[, Idaho Code], inclusive, by any person or persons engaged in any business or pleasure pursuit whatever.
History:
[(58-409) 1905, p. 145, sec. 14; reen. R.C. & C.L., sec. 1597; C.S., sec. 2934; I.C.A., sec. 56-409.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 4 - SALE OF TIMBER ON STATE LANDS › Section 58-410 - PROSECUTING ATTORNEYS TO PROSECUTE.

58-410. PROSECUTING ATTORNEYS TO PROSECUTE. The prosecuting attorneys of the various counties of the state are hereby directed to prosecute in the name of the state all cases arising under sections 58-401 to 58-410[, Idaho Code], inclusive.
History:
[(58-410) 1905, p. 145, sec. 15; reen. R.C. & C.L., sec. 1598; C.S., sec. 2935; I.C.A., sec. 56-410.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 4 - SALE OF TIMBER ON STATE LANDS › Section 58-411 - SALE OF TIMBER.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 4 - SALE OF TIMBER ON STATE LANDS › Section 58-412 - NOTICE OF INTENT TO CUT TIMBER — CUTTING PERMITS.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 4 - SALE OF TIMBER ON STATE LANDS › Section 58-413 - TIME IN WHICH TO CUT TIMBER — EXTENSION OF TIME.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 4 - SALE OF TIMBER ON STATE LANDS › Section 58-414 - OTHER STATUTES UNAFFECTED.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 4 - SALE OF TIMBER ON STATE LANDS › Section 58-415 - MEASURING METHOD USED IN SALE OF STATE-OWNED FOREST PRODUCTS.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 5 - STATE PARKS AND STATE FORESTS › Section 58-501 - ACQUISITION OR LEASE OF PROPERTY FOR FORESTRY AND PARK PURPOSES AUTHORIZED.

58-501. ACQUISITION OR LEASE OF PROPERTY FOR FORESTRY AND PARK PURPOSES AUTHORIZED. The state board of land commissioners is hereby authorized to accept gifts, donations or contributions of land suitable for forestry or park purposes and to enter into agreements with the federal government or other agencies for acquiring by lease, purchase or otherwise such lands as in the judgment of the state board of land commissioners are desirable for state forests.
History:
[58-501, added 1937, ch. 201, sec. 1, p. 340.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 5 - STATE PARKS AND STATE FORESTS › Section 58-502 - EXPENDITURES FOR MANAGEMENT AND UTILIZATION OF AREAS — SALE OF PRODUCTS.

58-502. EXPENDITURES FOR MANAGEMENT AND UTILIZATION OF AREAS — SALE OF PRODUCTS. When lands are acquired or leased under section 58-501[, Idaho Code], 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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 5 - STATE PARKS AND STATE FORESTS › Section 58-503 - DISPOSITION OF REVENUES FROM LANDS.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 5 - STATE PARKS AND STATE FORESTS › Section 58-504 - PAYMENT OF OBLIGATIONS.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 5 - STATE PARKS AND STATE FORESTS › Section 58-505 - AUTHORITY TO SELL, LEASE, TRANSFER OR EXCHANGE LANDS OR PRODUCTS.

58-505. AUTHORITY TO SELL, LEASE, TRANSFER OR EXCHANGE LANDS OR PRODUCTS. The state board of land commissioners shall have full power and authority to sell, exchange or lease lands under its jurisdiction and/or exchange products of lands obtained under the provisions of this act for other forest or park lands when in its judgment it is advantageous to the state to do so in the highest orderly development and management of state forests and state parks: provided, however, said sale, lease or exchange shall not be contrary to the terms of any contract which it has entered into. The board shall have full power and authority to transfer to the department of parks and recreation lands acquired under the provisions of this chapter that are suitable for park or other purposes provided for in sections 67-4240 through 67-4244, Idaho Code.
History:
[58-505, added 1937, ch. 201, sec. 5, p. 340; am. 1990, ch. 209, sec. 2, p. 466.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 5 - STATE PARKS AND STATE FORESTS › Section 58-506 - SEPARABILITY.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 5 - STATE PARKS AND STATE FORESTS › Section 58-507 - LEGISLATIVE FINDINGS AND PURPOSES.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 6 - RIGHTS OF WAY OVER STATE LANDS › Section 58-601 - RIGHTS OF WAY FOR DITCHES AND RESERVOIRS.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 6 - RIGHTS OF WAY OVER STATE LANDS › Section 58-602 - RESERVOIR LANDS MAY BE WITHHELD FROM SALE.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 6 - RIGHTS OF WAY OVER STATE LANDS › Section 58-603 - RIGHTS OF WAY FOR PUBLIC UTILITY LINES, HIGHWAY, AND OTHER PURPOSES.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 6 - RIGHTS OF WAY OVER STATE LANDS › Section 58-604 - RIGHTS OF WAY — GRANT TO UNITED STATES.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 7 - CESSIONS TO THE FEDERAL GOVERNMENT › Section 58-701 - MILITARY LANDS — YELLOWSTONE NATIONAL PARK LANDS — CESSION — JURISDICTION FOR EXECUTION OF PROCESS RESERVED.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 7 - CESSIONS TO THE FEDERAL GOVERNMENT › Section 58-702 - CONSENT TO PURCHASES BY UNITED STATES — JURISDICTION FOR EXECUTION OF PROCESS RESERVED — COORDINATION WITH COUNTY COMMISSIONERS.

58-702. CONSENT TO PURCHASES BY UNITED STATES — JURISDICTION FOR EXECUTION OF PROCESS RESERVED — COORDINATION WITH COUNTY COMMISSIONERS. (1) Consent is given to any purchase already made or that may hereafter be made, by the government of the United States, of any lots, or tracts of land, within this state, for the use of such government, and to erect thereon and use such buildings, or other improvements, as may be deemed necessary by said government; and over such lands and the buildings, or improvements, that are, or may be, erected thereon, the said government shall have entire control and jurisdiction, except that the state shall have jurisdiction to execute thereon all process, civil or criminal, lawfully issued by the courts of this state, and not incompatible with this cession.
(2) The United States shall coordinate its real property acquisitions with the board of county commissioners of the county in which the land is located.
History:
[(58-702) 1895, p. 21, sec. 1; reen. 1899, p. 235, sec. 1; reen. R.C. & C.L., sec. 28; C.S., sec. 71; I.C.A., sec. 56-602; am. 2001, ch. 372, sec. 1, p. 1308.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 7 - CESSIONS TO THE FEDERAL GOVERNMENT › Section 58-703 - LAVA HOT SPRINGS — CESSION TO UNITED STATES AUTHORIZED.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 7 - CESSIONS TO THE FEDERAL GOVERNMENT › Section 58-704 - LAVA HOT SPRINGS — DESCRIPTION OF LANDS.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 7 - CESSIONS TO THE FEDERAL GOVERNMENT › Section 58-705 - CONSENT TO LAND PURCHASE FOR MIGRATORY LABOR HOMES PROJECTS — JURISDICTION.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 7 - CESSIONS TO THE FEDERAL GOVERNMENT › Section 58-706 - CONSENT TO LAND PURCHASE FOR STREAM FLOW PROTECTION AND OTHER PURPOSES.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 7 - CESSIONS TO THE FEDERAL GOVERNMENT › Section 58-707 - CESSION OVER REAL PROPERTY OF VETERANS ADMINISTRATION HOSPITAL.

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.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-801 - ENTRY OF TOWN SITES.

58-801. ENTRY OF TOWN SITES. It is the duty of the corporate authorities of any city or incorporated town, or a judge of the district court within any county in which is situated any unincorporated town, to enter at the proper land office of the United States such quantity of land as the inhabitants of such city or town may be entitled to claim, in the aggregate, according to the population, in the manner required by the laws of the United States and the regulations prescribed by the secretary of the interior of the United States, and make and sign all necessary declaratory statements, certificates and affidavits, or other instruments requisite to carry into effect this chapter and chapter 8 of title 32 of the Revised Statutes of the United States, and to make proof, when required of the facts necessary to establish the claim of such inhabitants to the lands so granted by the laws of congress.
History:
[(58-801) 1874, p. 698, sec. 1; R.S., sec. 2200; am. 1905, p. 84, sec. 1; reen. R.C. & C.L., sec. 2147; C.S., sec. 3764; I.C.A., sec. 56-701; am. 1975, ch. 214, sec. 1, p. 594.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-802 - CONVEYANCE — HOW EXECUTED.

58-802. CONVEYANCE — HOW EXECUTED. Any such corporate authorities, or judge, holding the title to any such lands in trust, as declared in said acts of congress, must, by a good and sufficient conveyance, grant and convey the title to each and every block, lot, share or parcel of the same to the person entitled thereto, according to his rights or interest in the same as they exist, in law or equity, at the time of the entry of such lands, and when any parcel or share of such lands is occupied or possessed by one or more persons, claiming the same by grant, lease or sale, the respective rights and interests of such persons, in relation to each other in the same, are not changed or impaired by any such conveyance. Every conveyance, by such corporate authorities or judge, pursuant to the provisions of this chapter, must be executed and acknowledged as to admit the same to be recorded, and if made previous to the issuing of the patent for such lands, it must contain a covenant that the grantor will, after the issuing of such patent, execute, acknowledge and deliver to the grantee, his heirs or assigns, such further conveyance as may be or become necessary to fully vest and perfect the title to the lands therein described in the grantee, his heirs or assigns.
History:
[(58-802) 1874, p. 698, sec. 2; R.S., sec. 2201; am. 1905, p. 84, sec. 1; reen. R.C. & C.L., sec. 2147; C.S., sec. 3764; I.C.A., 56-701; am. 1975, ch. 214, sec. 1, p. 594.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-803 - NOTICE OF ENTRY.

58-803. NOTICE OF ENTRY. At any time after the entry of such lands, and before three (3) months from the date of the receipt of a patent therefor, the corporate authorities or judge entering the same, must give public notice of such entry by posting the notice thereof in at least three (3) public places in said town, and by publishing such notice in a newspaper printed and published in the county in which such town is situated, or in case there is no such newspaper, then in some newspaper printed and published at the seat of government; such notice must be published once in each week for at least three (3) successive weeks, and must contain the name of the town and an accurate description of the lands so entered as the same are described in the certificate of entry, duplicate receipt for the purchase money thereof issued at the time of entry, or in the patent in case patent has issued.
History:
[58-803, 1874, p.698, sec. 3; R.S., sec. 2202; am. 1905, p.84, sec.2; reen. R.C. & C.L., sec. 2149; C.S., sec. 3766; I.C.A., sec. 56-703.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-804 - CLAIMS FOR LOTS.

58-804. CLAIMS FOR LOTS. Every person, association or company claiming to be entitled to such lands, or to any block, lot, share or parcel thereof, must, within sixty (60) days after the first publication of such notice, in person or by duly authorized agent or attorney, sign a statement in writing containing an accurate description of the particular parcel or parts in which he claims to have an interest, and the specified right, interest or estate therein, which he claims to be entitled to receive, also a brief statement of the facts upon which such right, interest or estate depends for its validity, and deliver the same to such corporate authorities or judge, and all persons failing to sign and deliver such statement, within the time specified in this section, are, as against any claimant, forever barred the right of claiming or recovering such lands, or any interest therein. In case any lots, pieces or parcels of land remain unclaimed and unconveyed at the end of said sixty (60) days, all such lots shall revert to and become the property of such town.
History:
[(58-804) 1874, p. 698, sec. 4; R.S., sec. 2203; am. 1905, p. 84, sec. 3; reen. R.C. & C.L., sec. 2150; C.S., sec. 3767; I.C.A., sec. 56-704.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-805 - APPOINTMENT OF APPRAISERS.

58-805. APPOINTMENT OF APPRAISERS. The corporate authorities of such town, in case the same be incorporated, or otherwise, the judge, shall appoint, by order, resolution or ordinance, a board of appraisers, to consist of three (3) freeholders or householders of such town, who shall have no interest in such unclaimed or unconveyed lots or parcels of land, or the improvements thereof. Each of said appraisers shall take an oath to faithfully discharge his duties as such appraiser, and shall file such oath in the office of the clerk of such municipality or county before commencing his duties as such appraiser. In case such appraisers should fail or neglect to make appraisements hereinafter specified and file the same with said clerk for a period of more than ten (10) days after their appointment, then said judge or corporate authorities may appoint a new board of appraisers for the purposes herein provided. It shall be the duty of such authorities to appoint such appraisers within thirty (30) days after the time has expired for persons to present claims for lots, pieces or parcels of land in such town.
History:
[(58-805) 1905, p. 84, sec. 4; am. R.C., sec. 2151; reen. C.L., sec. 2151; C.S., sec. 3768; I.C.A., sec. 56-705; am. 1975, ch. 214, sec. 2, p. 594.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-806 - APPRAISEMENT OF UNCLAIMED LOTS.

58-806. APPRAISEMENT OF UNCLAIMED LOTS. Said appraisers shall appraise all lots, pieces or parcels of land, unclaimed or not conveyed by virtue of any law, in such town, at their just and full cash value, and file their written appraisement thereof with said clerk. Said appraisement shall contain a description of each lot, piece or parcel of land so appraised, and a statement of the cash value of the same. Said appraiser shall make a separate statement of the value of such lots, pieces and parcels of land without improvements, and the value of such improvements, and the aggregate value of both. There shall be attached to such appraisement a written affidavit of said appraisers verifying each statement of such appraisement and alleging that each of such lots and parcels of land is appraised at its just and full value. This appraisement shall be required only in cases where the time has expired by law for claimants to file their statements.
History:
[(58-806) 1905, p. 84, sec. 5; reen. R.C. & C.L., sec. 2152; C.S., sec. 3769; I.C.A., sec. 56-706.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-807 - NOTICE OF SALE.

58-807. NOTICE OF SALE. The mayor or president of the board of trustees, or judge, as the case may be, shall, upon the filing of such appraisements, give notice signed in his official capacity of the time and place of sale of such lots and parcels of land by an advertisement published once a week for three (3) successive weeks in some newspaper published in the county where such town is situated, or, if no newspaper is published in said county, then in the paper published nearest such town. Such sale shall be advertised to be made at some public place in said town, and to be sold at some specified time between the hours of sunrise and sunset.
History:
[(58-807) 1905, p. 84, sec. 6; am. R.C., sec. 2153; reen. C.L., sec. 2153; C.S., sec. 3770; I.C.A., sec. 56-707; am. 1975, ch. 214, sec. 3, p. 594.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-808 - CONDUCT OF SALE — REAPPRAISEMENT AND RESALE.

58-808. CONDUCT OF SALE — REAPPRAISEMENT AND RESALE. Such lots or parcels of land shall be sold at public vendue to the highest bidder for cash, and shall be offered for sale singly, unless a greater price can be obtained by selling several lots or parcels of land together, in which case several lots or parcels can be sold together after an attempt has been first made to sell the same singly. Such sale may be continued, if necessary, from day to day, for a period not to exceed three (3) days at any one (1) sale. In case all said lands are not sold at the first sale, the sale of the remaining lands shall be advertised as many times as may be necessary to sell said lands, and all sales subsequent to the first sale shall be advertised and conducted the same as the first sale, provided, however, that the judge or corporate authorities may, when petitioned by a majority of the landowners in such town site, withhold from public sale and dedicate to public use such parcels of such town site as are appropriate for public use. No lot or parcel of land shall be sold at less than its appraised value. A new appraisement may be had of all lands remaining unsold: provided, that such new appraisement shall not be made oftener than once every three (3) months. Such new appraisement shall be made by a new board of appraisers, to be appointed in the same manner as the first board of appraisers were appointed, or by the old board of appraisers.
History:
[(58-808) 1905, p. 84, sec. 7; am. R.C., sec. 2154; reen. C.L., sec. 2154; C.S., sec. 3771; I.C.A., sec. 56-708; am. 1975, ch. 214, sec. 4, p. 594.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-809 - PURCHASE BY ENTRYMAN.

58-809. PURCHASE BY ENTRYMAN. In all cases where, subsequent to the time provided by law for persons to claim lots on such town site, any person may have entered thereon and improved any lots belonging to such town, such person, after the report of said board of appraisers, and prior to public sale, may purchase any such lots from the judge or corporate authorities of such town for cash, at the appraised values of such lots, pieces or parcels of land, inclusive of improvements, unless there shall be adverse claimants to any such lots, in which case the respective rights of such claimants shall be determined as hereinafter provided.
History:
[(58-809) 1905, p. 84, sec. 8; reen. R.C. & C.L., sec. 2155; C.S. sec. 3772; I.C.A., sec. 56-709; am. 1975, ch. 214, sec. 5, p. 594.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-810 - PROCEEDS OF SALE.

58-810. PROCEEDS OF SALE. The proceeds received from such sales shall be disposed of as follows:
1. They shall be applied to pay the expenses of said sale.
2. To discharge any outstanding claims incurred in entering the town site of said town.
3. The surplus, if any, shall be a special fund, to be held by such judge or corporate authorities, to be used in making public improvements in such town.
History:
[(58-810) 1905, p. 84, sec. 9; reen. R.C. & C.L., sec. 2156; C.S., sec. 3773; I.C.A., sec. 56-710; am. 1975, ch. 214, sec. 6, p. 594.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-811 - SUITS TO DETERMINE ADVERSE CLAIMS.

58-811. SUITS TO DETERMINE ADVERSE CLAIMS. In case there shall be adverse claimants to such lands, or to any part, parcel or share thereof, either party may bring a suit against the adverse claimant or claimants, in the district court of the judicial district, in the county in which the land shall be situated: provided, that no judge of the district court who has been an adverse claimant, directly or indirectly, of any portion of the lands embraced within such town, or who is a party to any action brought to determine the right to a conveyance of any portion of the lands within such town, shall entertain, hear or determine any action brought to determine any such claims, by or between any parties whomsoever; but in all such cases, if the cause shall be pending in a district court, the judge thereof shall order all papers, with a transcript of the record in said cause, to be transmitted to another judicial district, as in cases of change of venue: provided, that the laws applicable to a change of venue shall apply to actions brought under this chapter. Suits shall be brought against adverse claimants as defendants, and it shall not be necessary to make the district judge or corporate authorities parties thereto. The complaint must show what interest or estate in the lands in controversy the plaintiff claims.
History:
[(58-811) 1874, p. 698, sec. 5; R.S., sec. 2204; am. 1905, p. 84, sec. 10; reen. R.C. & C.L., sec. 2157; C.S., sec. 3774; I.C.A., sec. 56-711.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 8 - TOWN SITES › Section 58-812 - FIRST SETTLER ENTITLED TO LAND.

58-812. FIRST SETTLER ENTITLED TO LAND. Upon the trial in such action either party may give in evidence the statement mentioned in this chapter, deposited by the other, or by the person under whom he claims, with the corporate authorities or judge holding the title to the lands in controversy therein, and the person who made the first claim to, and settlement upon such lands, either in person or by agent, servant or tenant, or those claiming under him, must in such actions be deemed to have the right to such lands, provided there has been no abandonment thereof since such settlement.
History:
[(58-812) 1874, p. 698, sec. 6; R.S., sec. 2205; reen. R.C. & C.L., sec. 2158; C.S., sec. 3775; I.C.A., sec. 56-712.]