reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 2 - INDEMNITY LIEU LAND SELECTIONS › Section 58-202 - LIEU SELECTIONS FOR SCHOOL LANDS SOLD PRIOR TO ADMISSION.

58-202. LIEU SELECTIONS FOR SCHOOL LANDS SOLD PRIOR TO ADMISSION. The state board of land commissioners is authorized, empowered and directed to judiciously ascertain and locate the general grants of land made by congress to the state of Idaho and when said board shall find that sections 16 and 36, or any part or parts thereof, in every township of the state were sold or otherwise disposed of by or under the authority of any act of congress prior to July 3, 1890, on the admission of the state of Idaho into the union, then the said board shall by and with the approval of the secretary of the interior or the secretary of agriculture, when necessary, select from the surveyed, unreserved and unappropriated lands of the United States within the limits of the state of Idaho, other lands equivalent thereto in area and value, in legal subdivisions of not less than one-quarter (1/4) section.
History:
[(58-202) 1911, ch. 6, sec. 1, p. 16; reen. C.L. 120:2; C.S., sec. 2897; I.C.A., sec. 56-202; am. 1974, ch. 235, sec. 1, p. 1598.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 2 - INDEMNITY LIEU LAND SELECTIONS › Section 58-203 - LIEU SELECTIONS FOR SCHOOL LANDS HOMESTEADED.

58-203. LIEU SELECTIONS FOR SCHOOL LANDS HOMESTEADED. When the state board of land commissioners shall ascertain that sections 16 and 36 or any part thereof granted to the state have been actually settled upon prior to the survey thereof by the general government, and are occupied by bona fide settlers, claiming title thereto under the homestead laws of the United States, then the said board shall be and is hereby authorized and empowered, in its discretion, by and with the approval of the secretary of the interior, or the secretary of agriculture when necessary, to select from the surveyed, unreserved and unappropriated public lands of the United States within the state of Idaho, other lands equivalent in area and value, in legal subdivisions, and as contiguous as may be to the section in lieu of which the same is taken.
History:
[(58-203) 1911, ch. 6, sec. 2, p. 16; reen. C.L. 120:3; C.S., sec. 2898; I.C.A., sec. 56-203.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 2 - INDEMNITY LIEU LAND SELECTIONS › Section 58-204 - LIEU SELECTIONS FOR SCHOOL LANDS IN RESERVES.

58-204. LIEU SELECTIONS FOR SCHOOL LANDS IN RESERVES. When the state board of land commissioners shall ascertain that sections 16 and 36 or any part or parts thereof, granted to the state are or have been lawfully included and embraced within any forest or other reservation established under or by authority of any act of congress, then the said board shall, by and with the approval of the secretary of the interior, or the secretary of agriculture when necessary, select from the surveyed, unreserved and unappropriated public lands of the United States, within the limits of the state of Idaho, other lands equivalent thereto in area and value in legal subdivisions and as contiguous as may be to the section in lieu of which the same is taken: provided, that if the board shall upon examination or otherwise determine that any lands owned by the state in such forest or other reservation borders on or in the vicinity of any lake, waterfall, spring or other naturally advantageous site, or any natural curiosity, or that for any other cause said lands are, or, in the future, may have particular value to the state, then the board shall not certify such lands to the secretary of the interior as a basis for indemnity selections in lieu thereof but the state of Idaho shall retain its title to said lands.
History:
[(58-204) 1911, ch. 6, sec. 3, p. 17; reen. C.L. 120:4; C.S., sec. 2899; I.C.A., sec. 56-204.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 2 - INDEMNITY LIEU LAND SELECTIONS › Section 58-205 - LIEU SELECTIONS FOR LOST SCHOOL LANDS.

58-205. LIEU SELECTIONS FOR LOST SCHOOL LANDS. When the state board of land commissioners ascertain that what would be, if surveyed, sections 16 and 36, or any part or parts thereof, granted to the state, fall upon any lake or navigable river and that the quantity of land intended to be conveyed as sections 16 and 36 is lost to the state thereby, it shall be the duty of said board to apply to the secretary of the interior for permission to select indemnity lands in lieu of the loss in quantity so sustained by the state.
History:
[(58-205) 1911, ch. 6, sec. 4, p. 17; reen. C.L. 120:5; C.S., sec. 2900; I.C.A., sec. 56-205.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 2 - INDEMNITY LIEU LAND SELECTIONS › Section 58-205A - ADDITIONAL SCHOOL LANDS.

58-205A. ADDITIONAL SCHOOL LANDS. All lands, title to which is acquired by the state by escheat shall be held and treated as school lands, and may be sold and disposed of in the same manner. Said lands shall be under the charge and control of the state board of land commissioners.
History:
[58-205A, added 1963, ch. 153, sec. 1, p. 454.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 2 - INDEMNITY LIEU LAND SELECTIONS › Section 58-206 - PRIOR RELINQUISHMENTS VALIDATED.

58-206. PRIOR RELINQUISHMENTS VALIDATED. All relinquishments of state lands in place heretofore lawfully made by the state board of land commissioners as a basis for the selection of indemnity lands in lieu thereof, and all selections of indemnity lands in lieu of lands so relinquished by the state board of land commissioners are hereby ratified, approved, adopted and confirmed by the state of Idaho as of the date of such relinquishments and selections.
History:
[(58-206) 1911, ch. 6, sec. 5, p. 17; am. 1911, ch. 39, sec. 2, p. 85; reen. C.L. 120:6; C.S., sec. 2901; I.C.A., sec. 56-206.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-301 - APPRAISEMENT — FEE — REAPPRAISEMENT — APPROPRIATION FOR APPRAISEMENT.

58-301. APPRAISEMENT — FEE — REAPPRAISEMENT — APPROPRIATION FOR APPRAISEMENT. The board may cause all lands belonging to the state to be appraised, at such times, in such manner and by such means as the board shall decide, and may require the actual cost of an appraisal to be collected from the purchaser at the time of the sale, in addition to the sum bid for the land. All appraisements are under the control of the board, which may approve or disapprove of the same, in whole or in part, and may, at any time, direct a reappraisement or new appraisement to be made: provided further, that the board may require the person or persons seeking such land to be appraised to pay such fee in advance; and when the land shall be thereafter sold, if the purchaser be other than the party seeking such appraisement the sum or sums or the due proportion thereof so advanced by the party seeking such appraisement shall be returned to the party paying the same.
History:
[(58-301) 1905, p. 131, sec. 10; reen. R.C. & C.L., sec. 1569; C.S., sec. 2902; am. 1921, ch. 19, sec. 1, p. 28; I.C.A., sec. 56-301; am. 1986, ch. 114, sec. 1, p. 306; am. 1992, ch. 241, sec. 2, p. 713.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-302 - GRAZING MANAGEMENT PLANS.

58-302. GRAZING MANAGEMENT PLANS. (1) As used in this section, "grazing management plan" means a written agreement between the lessee and the department of lands, or between the lessee and another public agency and approved by the department, designed to meet the resource objectives identified by the department, including any criteria provided by the department in rule.
(2) All applicants for state grazing leases shall submit a grazing management proposal that addresses resource concerns, as identified by the department, no later than the deadline to apply for the lease.
(3) Provided however, a current lessee with a grazing management plan in place is not required to submit a grazing management proposal pursuant to this section unless:
(a) The department of lands makes a written request for a new grazing management proposal from the current lessee; or
(b) The current lessee desires to modify the existing grazing management plan, in which case a written request with the modified management proposal must be submitted no later than the deadline to apply for the lease.
History:
[58-302, added 2012, ch. 256, sec. 1, p. 708.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-304 - LEASES.

58-304. LEASES. (1) The state board of land commissioners may lease any portion of the state land at a rental amount fixed and determined by the board. The rental amount shall be due and payable by the date and upon the terms set by the board in the lease. Provided however, all grazing leases shall provide for annual payments which shall be due and payable by the date set by the board in the lease.
(2) The state board of land commissioners shall notify the lessee of any increase in the applicable rental rate six (6) months in advance of the date the rent is due and payable.
(3) The lessee shall pay the rental to the director of the department of lands, who shall receipt for the same in the name of the board. Upon receiving such rental, the director shall immediately transmit the same to the state treasurer.
History:
[(58-304) 1905, p. 131, sec. 13; reen. R.C. & C.L., sec. 1572; C.S., sec. 2905; am. 1923, ch. 96, sec. 15, p. 115; am. 1927, ch. 120, sec. 1, p. 164; I.C.A., sec. 56-304; am. 1933, ch. 114, sec. 1, p. 184; am. 1941, ch. 91, sec. 4, p. 164; am. 1974, ch. 17, sec. 58, p. 308; am. 1981, ch. 148, sec. 1, p. 258; am. 1985, ch. 182, sec. 1, p. 467; am. 1987, ch. 62, sec. 1, p. 114; am. 1992, ch. 241, sec. 3, p. 714; am. 2000, ch. 84, sec. 1, p. 176; am. 2007, ch. 49, sec. 1, p. 122; am. 2008, ch. 27, sec. 14, p. 54.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-304A - FORFEITURE OF COTTAGE SITE LEASES — NEW LEASES — COLLECTIONS — DISPOSITION.

58-304A. FORFEITURE OF COTTAGE SITE LEASES — NEW LEASES — COLLECTIONS — DISPOSITION. Upon forfeiture of a cottage site lease as provided in section 39-3610, Idaho Code, as amended, the department issuing the cottage site lease shall, as a condition of any new lease of such cottage site, collect from the new lessee an amount equal to all unpaid connection fees or charges, monthly rates, tolls or charges, and special benefits payments, as certified by the district to the department as unpaid by the cottage site lessee whose cottage site lease was forfeited. Any amounts so collected shall be immediately transmitted by the department collecting the same to the state treasurer to be placed in the revolving fund for water and sewer districts established in section 58-141A, Idaho Code, taking his receipt therefor in duplicate, filing one (1) with the state controller and the other receipt in the office of the department.
History:
[58-304A, added 1979, ch. 100, sec. 4, p. 245; am. 1994, ch. 180, sec. 122, p. 503.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-305 - PAYMENT OF RENTAL IN ADVANCE — EXTENSION OF TIME — ADJUSTMENT OF COMPETITIVE BID RENTAL RATES.

58-305. PAYMENT OF RENTAL IN ADVANCE — EXTENSION OF TIME — ADJUSTMENT OF COMPETITIVE BID RENTAL RATES. All leases of state land, except mineral leases, shall be conditional upon the payment of rental, in advance, and a violation of this condition shall work a forfeiture of the lease, at the option of the state board of land commissioners, after thirty (30) days’ notice to the lessee, such notice being sent to the post office of the lessee, as given by himself to the director of the department of lands when the lease is issued: provided however, that upon the application of any person, firm, corporation or association from whom such rent is or will be owing, the state board of land commissioners is hereby given authority and power to, in its discretion, extend the time of payment of such moneys for said leases for not to exceed two (2) successive years: provided, that the applicant enters into an agreement with the said state board of land commissioners to pay the interest on said amount of rent money from January 1 of the year which the same is otherwise due, to the date of payment, at the rate per annum set by the state board of land commissioners; that this authority shall extend to amounts due on outstanding leases, leases renewed and new applications for leases. Lease rental rates established by competitive bidding may not be adjusted during the term of a lease, except that the state board of land commissioners upon a finding of a material change of circumstances from those existing at the time of auction, may, after a majority vote of those present, reduce the rental to no less than fair market value.
History:
[58-305, added 1905, p. 131, sec. 14; reen. R.C. & C.L., sec. 1573; C.S., sec. 2906; am. 1921, ch. 27, sec. 1, p. 35; am. 1923, ch. 7, sec. 1, p. 7; am. 1925, ch. 42, sec. 1, p. 59; I.C.A., sec. 56-305; am. 1951, ch. 53, sec. 1, p. 76; am. 1971, ch. 264, sec. 1, p. 1063; am. 1974, ch. 17, sec. 59, p. 308; am. 1978, ch. 283, sec. 1, p. 689; am. 1980, ch. 323, sec. 1, p. 818; am. 2000, ch. 84, sec. 2, p. 177.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-306 - NOTICE OF LIEN FOR RENT.

58-306. NOTICE OF LIEN FOR RENT. Whenever state land is leased, the director of the department of lands may file with the county recorder of the county in which said land is situated a notice of lien, stating the description of the land, the number of the lease and the name of the lessee, the dates of the execution and expiration of the lease, and that the state claims a lien on any crops grown upon said land for the payment of the rental, during the term of said lease or any extension thereof. From and after the recording of said notice, the claim of the state for rental for said leased land, during the original term of said lease or any extension thereof, shall constitute a lien on any crops grown on such lands, prior to and superior to the lien of any chattel mortgage, any labor lien, or any other claim or lien thereon.
History:
[(58-306) C.S., sec. 2906A, as added by 1925, ch. 38, sec. 1, p. 52; I.C.A., sec. 56-306; am. 1974, ch. 17, sec. 60, p. 308; am. 1992, ch. 241, sec. 4, p. 714.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-308 - IMPROVEMENTS — FILING OF RECEIPT FOR PAYMENT — MISTAKE AND FRAUD.

58-308. IMPROVEMENTS — FILING OF RECEIPT FOR PAYMENT — MISTAKE AND FRAUD. Should anyone apply to lease any of the lands belonging to the state upon which there are improvements belonging to another party, before the lease shall issue, he shall file in the office of the state board of land commissioners a receipt showing that the price of said improvements, as agreed upon by the parties, or fixed by the state board, has been paid to the owner thereof in full, or shall make satisfactory proof that he has tendered to such owner the price of said improvements, so agreed upon, or fixed by the board. If, by any mistake or error, any money has been, or shall hereafter be, paid on account of any sale or lease of state lands, or if any land or timber shall have been, or shall hereafter be sold by the state, or lease executed, which land or timber shall have been, or shall hereafter be, by a court or tribunal of competent jurisdiction, adjudged to belong to another than the state of Idaho, at the date of such sale or the execution of such lease, a claim shall be presented to the state board of examiners, and, if authorized by them, the state controller shall draw a warrant in favor of the party paying said money, and the state treasurer shall pay the same out of the fund into which such money was deposited or placed. If through any fraud, deceit or misrepresentation, any party or parties shall procure the issuing of any lease for state lands the board shall have the authority to cancel such lease.
History:
[(58-308) 1905, p. 131, sec. 16; reen. R.C. & C.L., sec. 1575; C.S., sec. 2908; I.C.A., sec. 56-308; am. 1994, ch. 180, sec. 123, p. 503.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-309 - BOND OF LESSEE — PENALTY.

58-309. BOND OF LESSEE — PENALTY. In leasing state lands the state board of land commissioners may require of the lessee such a bond as shall secure the state against loss or waste, or occupation of the land for more than thirty (30) days after the cancellation or expiration of the lease of said lessee, unless the said lessee becomes the purchaser of the land.
History:
[(58-309) 1905, p. 131, sec. 17; reen. R.C. & C.L., sec. 1576; C.S., sec. 2909; I.C.A., sec. 56-309; am. 1992, ch. 241, sec. 5, p. 714.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-310 - TWO OR MORE APPLICANTS FOR SAME LAND — AUCTION OF LEASE.

58-310. TWO OR MORE APPLICANTS FOR SAME LAND — AUCTION OF LEASE. Except as otherwise authorized:
(1) When two (2) or more persons apply to lease the same land, the director of the department of lands, or his agent, shall, at a stated time, and at such place as he may designate, auction off and lease the land to the applicant who will pay the highest premium bid therefor, the annual rental to be established by the state board of land commissioners.
(2) The director shall give notice by letter at least fourteen (14) days prior to the date of such auction, which notice shall be sent in the course of regular mail, to each of the applicants, notifying them of the time and place such auction is to be held. The notice shall be sent to the name and address exactly as it is given in the application.
(3) If any applicants fail to appear in person or by proxy at the time and place so designated in said notice, the director may proceed to auction and lease any part or all of the lands applied for.
(4) The state board of land commissioners shall have power to reject any and all bids made at such auction sales, when in their judgment there has been fraud or collusion, or for any other reason, which in the judgment of said state board of land commissioners justified the rejection of said bids.
(5) The challenger of the current lease shall be required to provide payment of one (1) year’s rental on the lease payable at the time of application to lease. If the amount of the annual rental bid be not paid forthwith by the successful bidder, together with the expense of such sale, if the state board of land commissioners shall require the same to be paid as hereinbefore provided, or if for any reason the successful bidder does not accept the lease on the terms offered, the lease may be immediately reoffered in the same manner at public auction, without further notice.
(6) Only those persons who have filed applications in the manner and at the time provided for by statute or rule shall be permitted to bid at any such auction for the lease of state lands.
History:
[(58-310) 1905, p. 131, sec. 18; reen. R.C. & C.L., sec. 1577; C.S., sec. 2910; am. 1921, ch. 18, sec. 1, p. 26; am. 1923, ch. 117, sec. 1, p. 149; I.C.A., sec. 56-310; am. 1951, ch. 73, sec. 1, p. 114; am. 1974, ch. 17, sec. 62, p. 308; am. 1978, ch. 283, sec. 2, p. 689; am. 1981, ch. 350, sec. 1, p. 723; am. 1992, ch. 241, sec. 6, p. 715; am. 1995, ch. 231, sec. 1, p. 783; am. 2014, ch. 97, sec. 34, p. 291.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-311 - LEASES OF MINERAL SPRINGS.

58-311. LEASES OF MINERAL SPRINGS. The state board of land commissioners shall have full power and authority to make leases of the lands of the state of Idaho, containing mineral springs or mineral waters for such periods as they may deem advisable, not exceeding fifty (50) years, for the purpose of preserving and improving such mineral springs or waters situated upon state lands, and for the purpose of establishing sanitariums thereon.
No contract or leases as provided in this section shall be made in any form which would exclude the free use by the general public of any such mineral springs or mineral waters for the purpose of bathing or drinking.
History:
[(58-311) 1909, p. 67; reen. C.L., sec. 1577a; C.S., sec. 2911; I.C.A., sec. 56-311.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-312 - OCCUPATION OF LAND WITHOUT LEASE — PENALTY — SUIT FOR CIVIL DAMAGES.

58-312. OCCUPATION OF LAND WITHOUT LEASE — PENALTY — SUIT FOR CIVIL DAMAGES. All persons using or occupying any state land without a lease from the state, and all persons who shall use or occupy state lands for more than thirty (30) days after the cancellation or expiration of a lease, shall be regarded as trespassers, and upon conviction shall be fined in a sum of not less than twenty-five dollars ($25.00) nor more than $500, or shall be punished by imprisonment in the county jail for a term of not to exceed six (6) months, or by both such fine and imprisonment. Any criminal suit under this section may be instituted by any person against any trespasser, and regardless of the fact whether or not the said land is under lease to any person other than the trespasser, and in case of a lessee, the sureties of his bond shall be liable to a civil suit for all damages sustained by the state by reason of the trespass. Any suit for civil damages against a trespasser, may be instituted by the attorney general in the name of the state, or in the event the land trespassed upon is leased, such suit for civil damages may be brought by the lessee in his own name: provided further, it shall be the duty of the prosecuting attorney to commence and prosecute all criminal actions under this section, arising in his county.
History:
[(58-312) 1905, p. 131, sec. 27; reen. R.C., sec. 1578; am. 1911, ch. 195, sec. 1, p. 653; reen. C.L., sec. 1578; C.S., sec. 2912; am. 1927, ch. 66, sec. 1, p. 82; I.C.A., sec. 56-312.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-313A - NOTICE TO COMMISSIONERS OF COUNTY — OBJECTION BY COMMISSIONERS OR PERSON AGGRIEVED.

58-313A. NOTICE TO COMMISSIONERS OF COUNTY — OBJECTION BY COMMISSIONERS OR PERSON AGGRIEVED. Whenever the state board of land commissioners shall have determined to direct the sale of state lands in the manner provided in section 58-313, Idaho Code, they shall first give notice in writing by certified mail to the commissioners of the county or counties in which said lands are located of their intention to direct such sale. If, within sixty (60) days of the receipt of such notice the county commissioners shall object to such sale, they shall file their objections in writing with the state board of land commissioners who shall thereupon at the next regular meeting reconsider the order directing such sale and if good cause appears therefor they shall rescind the order directing such sale or reapproving such sale. From any such order the applicant, the county commissioners in the name of the people of the county concerned, or any person aggrieved by such sale may appeal to the district court of the county in which the land is located for a review of said order. If the court finds such order to be arbitrary, erroneous or capricious, the order of the state board of land commissioners may be set aside and rendered null and void.
History:
[(58-313A) I.C., sec. 58-313(a), as added by 1961, ch. 175, sec. 1, p. 269; amended and redesignated 58-313A, 1992, ch. 241, sec. 7, p. 715.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-317 - SALES OF LESS THAN LEGAL SUBDIVISIONS.

58-317. SALES OF LESS THAN LEGAL SUBDIVISIONS. The state board of land commissioners may cause any portion of state lands to be laid out in subdivisions of less area than the legal subdivisions of the United States survey, upon showing to the satisfaction of the board that said subdivisions will be more salable or will sell at a better price than when undivided or that public convenience will be served thereby. A plat of any such subdivisions shall be filed in the office of the recorder of the county where said lands are situated. The board may sell such subdivisions from time to time, at public auction, in such quantities and on such terms as shall enable the state to realize the best prices therefor.
History:
[(58-317) 1905, p. 131, sec. 22; reen. R.C. & C.L., sec. 1582; C.S., sec. 2917; am. 1927, ch. 78, sec. 1, p. 97; I.C.A., sec. 56-317; am. 1987, ch. 95, sec. 1, p. 187.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-318 - SUPPLYING LOST CERTIFICATES.

58-318. SUPPLYING LOST CERTIFICATES. Whenever a certificate of purchase shall be lost or wrongfully withheld by any person from the owner thereof, the state board of land commissioners may receive evidence of such loss or wrongful detention, and upon satisfactory proof of the fact, may cause the certificate of purchase, or deed, as the case may be, to issue to such person or to his grantees or assigns, as shall appear to them to be the proprietor of the land described in the original certificate of purchase.
History:
[(58-318) 1905, p. 131, sec. 23; reen. R.C. & C.L., sec. 1584; C.S., sec. 2918; I.C.A., sec. 56-318.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-319 - LAND BOARD TO DETERMINE VALIDITY OF CLAIMS.

58-319. LAND BOARD TO DETERMINE VALIDITY OF CLAIMS. The state board of land commissioners may hear and determine the claims of all persons who may claim to be entitled, in whole or in part, to any lands owned by this state, and the decision of said board shall be final until set aside by a court of competent jurisdiction, and the board shall have power to establish such rules and regulations as in their opinion may be proper or necessary to prevent fraudulent applications.
History:
[(58-319) 1905, p. 131, sec. 24; reen. R.C. & C.L., sec. 1585; C.S., sec. 2919; I.C.A., sec. 56-319.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-320 - LANDS EXEMPT FROM TAXATION.

58-320. LANDS EXEMPT FROM TAXATION. All lands heretofore sold under the provisions of this chapter shall be exempt from taxation for and during the period of time in which the title to said land is vested in the state of Idaho, but the value of the interest therein of the purchaser shall be taxed, which interest shall be assessed for purposes of taxation as other property is assessed and the improvements thereon shall also be taxed. Provided, however, in the case of state land hereafter sold under contract, such land shall be assessed at its full cash value as other property is assessed.
History:
[(58-320) 1905, p. 131, sec. 25; reen. R.C. & C.L., sec. 1586; C.S., sec. 2920; I.C.A., sec. 56-320; am. 1941, ch. 84, sec. 1, p. 158; am. 1947, ch. 157, sec. 2, p. 407.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-321 - REBATES OF UNEARNED INTEREST ON CERTIFICATES OF SALE.

58-321. REBATES OF UNEARNED INTEREST ON CERTIFICATES OF SALE. In all cases where, since January 1, 1917, interest on deferred payments of principal due the state of Idaho on contracts or certificates of sale of state lands has been, or shall hereafter be, paid in advance and during the advance period for which such interest is paid, the principal of said contract or certificate of sale is paid in full, thereby leaving in the hands of the state of Idaho a balance of unearned interest, such balance of unearned interest shall be repaid to the certificate or contract holder who makes final payment of principal thereon.
History:
[(58-321) 1919, ch. 33, sec. 1, p. 114; C.S., sec. 2921; I.C.A., sec. 56-321.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-322 - REBATES OF ERRONEOUS PAYMENTS OF PRINCIPAL OR INTEREST.

58-322. REBATES OF ERRONEOUS PAYMENTS OF PRINCIPAL OR INTEREST. In all cases of payments of principal or of interest to the state on such certificates of sale, where more than the amount due has been, since January 1, 1917, or hereafter shall be, paid by error or mistake, the amount of such overpayment shall be repaid on demand, to the person holding the certificate, as shown of record at the time the demand for repayment is made.
History:
[(58-322) 1919, ch. 33, sec. 2, p. 114; C.S., sec. 2922; I.C.A., sec. 56-322.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-323 - UNEARNED INTEREST — CERTIFICATE OF REBATE — ALLOWANCE AND PAYMENT.

58-323. UNEARNED INTEREST — CERTIFICATE OF REBATE — ALLOWANCE AND PAYMENT. The officer receiving such final payment of principal for the state in cases of unearned and rebatable interest, or the officer receiving money paid by error or mistake on the principal or interest on such certificate of sale, is hereby authorized, directed and empowered to execute and deliver, over his signature, to the person entitled thereto, a certificate stating, in cases of rebate of unearned interest, that the holder or his assignee, is entitled to a rebate of unearned interest under the terms of this chapter, giving the amount thereof, the date to which the interest on said certificate of sale had been paid, and the date when the principal on said certificate of sale was paid in full; and in cases of payment of principal or interest made by error or mistake, stating the date of the payment and the nature of the error or mistake, and the amount of rebate due. The said claim shall be paid from the fund of the state into which the moneys represented by said claim were paid and distributed on their receipt by the state, which payment shall be made by warrant drawn by the state controller on the treasurer of the state of Idaho, as in the case of other claims against the state.
History:
[(58-323) 1919, ch. 33, sec. 3, p. 114; C.S., sec. 2923; am. 1923, ch. 87, sec. 1, p. 99; I.C.A., sec. 56-323; am. 1992, ch. 241, sec. 10, p. 719; am. 1994, ch. 180, sec. 124, p. 503.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-331 - DESIGNATION OF SURPLUS REAL PROPERTY.

58-331. DESIGNATION OF SURPLUS REAL PROPERTY. Real property of the state of Idaho, the use of which by any department, officer, board, commission or other administrative agency of the state shall be terminated by law, and real property in the custody and control of any such agency which the agency shall declare to be no longer useful to or usable by it, shall be deemed surplus, and, except as set forth in section 67-5709A, Idaho Code, custody and control thereof shall thereupon be vested in and title be transferred to the state board of land commissioners, subject to disposition by said board in accordance with the provisions of this act.
History:
[58-331, added 1951, ch. 223, sec. 1, p. 452; am. 2000, ch. 305, sec. 1, p. 1041.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-333 - DISPOSITION OF PROCEEDS OF SALE.

58-333. DISPOSITION OF PROCEEDS OF SALE. The state board of land commissioners shall at all times preserve the integrity of state funds and obligations in the disposition of surplus property; receipts or acquisitions from the property of any special fund shall accrue to such fund, first liquidating any encumbrances against such property; save that when any property has been acquired by the general fund, or is supported by or added to, by the general fund, then the receipts following liquidation of an encumbrance, shall be deposited in the permanent building fund for future appropriation or use.
History:
[58-333, added 1951, ch. 223, sec. 3, p. 452.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-334 - COSTS OF SALE AND TRANSFER.

58-334. COSTS OF SALE AND TRANSFER. All costs of sale and of transferring property pursuant to such sale, including advertising, abstract fees and/or title insurance premiums, shall be borne by the purchaser, or in case of negotiated sale, transfer or exchange, shall be borne by the agency or person acquiring title to the property as a result thereof.
History:
[58-334, added 1951, ch. 223, sec. 4, p. 452.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-335 - LANDS EXEMPT FROM ACT.

58-335. LANDS EXEMPT FROM ACT. This act shall not be construed as applying to any lands or properties acquired under the act of congress, known as the Idaho Admission Act, or in the subsequent operations of the various endowment funds of the state. Nor shall this act apply to any lands or properties in the custody of the state board of education and the board of regents of the University of Idaho in their corporate capacity; provided however, that the state board of education and the board of regents, desiring to avail themselves of the facilities of this act, for the sale, exchange or transfer of any such properties, may proceed to negotiate a sale, transfer or exchange with the state board of land commissioners as would any other tax-supported agency. If the state board of education and the board of regents of the University of Idaho does not avail itself of the facilities of this act, then the state board of education and the board of regents shall use a process for disposal of real property that includes, at a minimum, a required appraisal and public notice of the proposed real property disposal prior to disposal; and for property disposals that are not part of an exchange or transfer, consideration given to granting a first option to purchase to local, state and federal governmental entities.
History:
[58-335, added 1951, ch. 223, sec. 5, p. 452; am. 2004, ch. 331, sec. 1, p. 987; am. 2015, ch. 18, sec. 1, p. 24.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-335A - OTHER LANDS EXEMPT FROM ACT.

58-335A. OTHER LANDS EXEMPT FROM ACT. The provisions of sections 58-331 through 58-335, Idaho Code, shall not apply to surplus real properties of the Idaho transportation department, with the exclusion of office and maintenance yard sites. The Idaho transportation board shall promulgate rules to govern the sale of surplus real properties under this section, provided that in no case shall a property be sold or exchanged for a value less than that established through the appraisal process; and provided further that surplus real property may be offered for sale or exchange to any tax-supported agency or political subdivision of the state of Idaho, other than the state of Idaho or its agencies, in whose jurisdiction the property is located, at a negotiated price not to exceed the appraised value. Such surplus property sold or exchanged for less than the appraised value must be used in perpetuity exclusively for a public purpose which shall be stated in the deed of transfer. If the stated use shall cease, the property shall revert to the ownership of the Idaho transportation department.
For the purpose of acquiring highway rights-of-way, the Idaho transportation board is authorized to exchange surplus real property of the department for other parcels of real property. In exchanging real properties, the board shall cause both parcels of real property to be appraised, and either the owner or the department shall pay to the other the difference in value.
Before the department disposes of surplus property at public sale, the department shall first notify any person who owns real property which is contiguous with the surplus property of the department that he has first option to purchase the surplus property for an amount not less than the appraised value. If more than one (1) adjoining owner wants to purchase the property, a private auction shall be held for such parties. If no owner of adjoining property exercises his option to buy, the department may proceed to public sale.
History:
[58-335A, added 1986, ch. 129, sec. 1, p. 336; am. 1992, ch. 219, sec. 1, p. 657; am. 1996, ch. 209, sec. 1, p. 679; am. 2005, ch. 100, sec. 1, p. 319; am. 2008, ch. 382, sec. 1, p. 1053.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-335B - GOVERNOR’S HOUSING COMMITTEE LANDS EXEMPT FROM ACT.

58-335B. GOVERNOR’S HOUSING COMMITTEE LANDS EXEMPT FROM ACT. Sections 58-331 through 58-335, Idaho Code, shall not apply to real property if acquired by or on behalf of the governor’s housing committee pursuant to [section] 67-455 or 67-455A, Idaho Code, as the same now exists or may from time to time be amended. This section shall apply to all real property acquired pursuant to section 67-455 or 67-455A, Idaho Code, before or after the effective date of this section.
History:
[58-335B, added 1999, ch. 336, sec. 3, p. 914.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-336 - STATE LANDS — ASSESSMENT FOR LOCAL BENEFITS.

58-336. STATE LANDS — ASSESSMENT FOR LOCAL BENEFITS. All lands, including school lands, granted lands, escheated lands, or other lands owned by the state of Idaho in fee simple, situated within the limits of any incorporated city, town or local improvement district in this state, may be assessed and charged for the cost of local benefits specially benefiting such lands which may be ordered by the proper authorities of any such city, town or local improvement district:
Provided, that the leasehold, contractual or possessory interest of any person, firm, association, private or municipal corporation in any such lands shall be charged and assessed in the proportional amount such leasehold contractual or possessory interest is benefited;
Provided further, that the interest of the state in such property shall not be sold to satisfy the lien of such assessment, but only such interest or contract or other right therein as may be in private ownership shall be subject to such sale.
Provided further, that nothing in this act shall be construed to authorize the payment by the state of Idaho or any agency thereof of any tax levied by any local unit of government.
History:
[58-336, added 1951, ch. 239, sec. 1, p. 497.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS › Section 58-337 - LEASE OF OLD PENITENTIARY SITE.

58-337. LEASE OF OLD PENITENTIARY SITE. To preserve and enhance the cultural, educational, recreational and scenic values of the old penitentiary site at Boise, the state board of land commissioners or any other state agency having jurisdiction and control over the site is authorized to lease any part of the site to private persons, firms, or corporations for a term not to exceed fifty (50) years. The board is also authorized to relinquish control and custody over any part of the old penitentiary site to other state agencies for use as building or office space. Unless otherwise prohibited by law, proceeds from the rental of the old penitentiary site beyond cost of maintenance and historic interpretation shall be credited to the permanent building fund. For purposes of this act [section], the old penitentiary site at Boise includes all penitentiary reserve and acquired lands owned by the state of Idaho in:
Sections 12 and 13, Township 3 North, Range 2 East, Boise Meridian, and the west half of Section 18, Township 3 North, Range 3 East, Boise Meridian.
History:
[58-337, added 1974, ch. 301, sec. 1, p. 1768.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 4 - SALE OF TIMBER ON STATE LANDS › Section 58-401 - PRESERVATION OF TREES ON STATE LANDS.

58-401. PRESERVATION OF TREES ON STATE LANDS. No trees standing on lands of the state, which lands when cleared of trees will not be suitable for cultivation and raising crops, and no trees needed to conserve the snows, ice or water of any irrigation district, shall be cut from any part of the public lands belonging to the state, except as hereinafter provided.
History:
[(58-401) 1905, p. 145, sec. 1; reen. R.C. & C.L., sec. 1588; C.S., sec. 2925; I.C.A., sec. 56-401.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 4 - SALE OF TIMBER ON STATE LANDS › Section 58-402 - DISPOSAL OF DEAD AND DOWN TIMBER.

58-402. DISPOSAL OF DEAD AND DOWN TIMBER. Dead and down timber on state land and trees and/or brush growing thereon and which are not suitable for sawing, manufacture or processing, and which are not required for water conservation, may be sold and disposed of by the director of the department of lands for the use of any applicant when authorized so to do by any general or special resolution of the state land board, upon written application being filed therefor, and without necessity of advertising as is otherwise provided by law on sale of state owned timber. The state land board may authorize the cutting and removal of an amount of such material, not to exceed fifteen (15) standard cords by an individual for his personal use as firewood without any payment to the state.
History:
[(58-402) C.S., sec. 2925A, as added by 1931, ch. 174, sec. 1, p. 289; I.C.A., sec. 56-402; am. 1943, ch. 96, sec. 1, p. 191; am. 1965, ch. 40, sec. 1, p. 64.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 4 - SALE OF TIMBER ON STATE LANDS › Section 58-403 - APPLICATION TO PURCHASE TIMBER — LIMITATIONS ON SALE OF TIMBER.

58-403. APPLICATION TO PURCHASE TIMBER — LIMITATIONS ON SALE OF TIMBER. Any person desiring to purchase timber on any lands owned by the state shall make application in writing to the director of the department of lands; which application shall contain a complete description by legal subdivisions of the lands upon which it is desired to purchase timber and a provision that if he is the successful bidder he will furnish such bond as may be required by the state board of land commissioners; conditioned, that he will comply with all rules and regulations made by the state board of land commissioners pertaining to the cutting and removal of said timber and the disposal of slashings and debris; the protection from fires or other damage of all trees or timber which are reserved from sale, and such other conditions as may be imposed by the state board of land commissioners with reference to any particular tract of timber sold; provided, however, that this provision does not prohibit the state board of land commissioners from offering for sale, or selling, timber without application having first been filed, and such authority is hereby expressly given to the state board of land commissioners.
History:
[(58-403) 1905, p. 145, sec. 2; reen. R.C. & C.L., sec. 1589; C.S., sec. 2926; am. 1921, ch. 38, sec. 1, p. 48; I.C.A., sec. 56-403; am. 1935, ch. 6, sec. 1, p. 18;am. 1974, ch. 17, sec. 66, p. 308; am. 1985, ch. 181, sec. 1, p. 466.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 4 - SALE OF TIMBER ON STATE LANDS › Section 58-404 - NOTICE TO DEPARTMENT OF WATER RESOURCES — OBJECTIONS — HEARING AND DETERMINATION.

58-404. NOTICE TO DEPARTMENT OF WATER RESOURCES — OBJECTIONS — HEARING AND DETERMINATION. The director of the department of lands shall, before advertising any timber for sale, notify the director of the department of water resources, that the state board of land commissioners have an application for, or are considering the sale of such timber, giving in such notice, the description of the lands by legal subdivisions on which such timber is situated. The director of the department of water resources shall consider such notice, and if he desires to interpose any objections to the sale of the timber on said lands, because of any interference with the conservation of the irrigation waters of any watershed, he shall then within ten (10) days after receipt of said notice, file with the director of the department of lands, any objections that he may have thereto, setting forth in detail such objections and the reasons therefor. If no such objections are interposed within such time by the director of the department of water resources, and no extension of time is granted by the director of the department of lands for him to file such objections, it shall be presumed that there are no objections from his department to the making of such sale. However, if any objections are interposed, the state board of land commissioners shall appoint a time for the hearing of such objections, and shall determine whether or not, said sale should be made.
History:
[(58-404) 1905, p. 145, sec. 4; reen. R.C. & C.L., sec. 1591; C.S., sec. 2928; am. 1921, ch. 38, sec. 2, p. 48; I.C.A., sec. 56-404; am. 1974, ch. 17, sec. 67, p. 308.]
2023 Idaho Code › Title 58 - PUBLIC LANDS › Chapter 4 - SALE OF TIMBER ON STATE LANDS › Section 58-405 - LAND BOARD TO ACT ON APPLICATION.

58-405. LAND BOARD TO ACT ON APPLICATION. Upon the expiration of the time for filing protests as provided herein, the director of the department of lands shall refer all papers to the state board of land commissioners. If there be any protests from the director of the department of water resources, or any other persons, the board shall consider such protests, and such data as the director of the department of lands may furnish, together with his recommendations, and shall decide whether or not, the timber in question should be disposed of: provided, however, that the state board of land commissioners shall determine the trees or timber to be reserved on such land; provided further, however, that decisions by the state board of land commissioners to dispose of timber shall not receive judicial review pursuant to the administrative procedure act, chapter 52, title 67, Idaho Code.
History:
[(58-405) 1905, p. 145, sec. 6; reen. R.C. & C.L., sec. 1593; C.S., sec. 2930; am. 1921, ch. 38, sec. 3, p. 48; I.C.A., sec. 56-405; am. 1974, ch. 17, sec. 68, p. 308; am. 1993, ch. 216, sec. 95, p. 665.]