Title 58 — PUBLIC LANDS

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 l…

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, …

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 o…

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…

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…

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 p…

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,…

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 pro…

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…

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…

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 lan…

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 …

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…

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 s…

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 sha…

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 appraisem…

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 publ…

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 wh…

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 p…

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 s…

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 wh…

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 i…

58-813. Notice to commence suit. In case suits shall not be brought for the purpose of settling or determining any controversy to any such lands by either of the adverse claimants, within sixty (60) days after the expiration of the time for filing the statement as provided in sec…

58-814. Service of summons. Whenever complaint shall be filed in any action as provided in this chapter, summons shall issue against the proper parties, and shall be served upon the proper person or persons named therein, as in other cases provided by law, or upon the agent or at…

58-815. Conveyance of land in suit. The corporate authorities or judge, as the case may be, shall convey said lands in accordance with the judgments entered in such actions: provided, however, in case of appeals or writs of error to the Supreme Court, such conveyance shall not be…

58-816. Expense of entry a charge on land. As soon as may be after the expiration of sixty (60) days after the first publication of the notice mentioned in section 58-803, the corporate authorities or judge holding the title to the lands described in such notice must make a true …

58-817. Tender of charges and fees. Before the corporate authorities or judge holding any such lands in trust as aforesaid can be required to execute, acknowledge or deliver any conveyance thereof, or of any lot, block, parcel or share thereof, as hereinbefore mentioned, to any p…

58-818. Conveyance to claimants. After the expiration of sixty (60) days from the time of the first publication of the notice, the corporate authorities or judge holding the title to the lands described therein, must, upon a reasonable demand or request, and upon the payment or t…

58-819. Rights of trustee as claimant. In case any judge or other officer who enters any such lands under the provisions of the acts of congress and thus becomes the sole trustee thereof, is possessed of, or entitled to, any part, lot, block or share thereof, according to and by …

58-820. Trustee holds title from entry. For the purpose of determining the rights of adverse claimants to any land so entered, the corporate authorities or judge hereinbefore mentioned is deemed to possess and hold the title to such lands in trust from the time of the entry there…

58-821. Costs of suit. The costs in the actions mentioned in this chapter are recoverable as in other civil actions.

58-822. Contracts for conveyance. Every person in whom the title to any lands is vested under and by the provisions of this chapter may be compelled to specifically perform any prior valid agreement for a conveyance.

58-823. Successor in office succeeds to trust. The successor in office of any judge, mayor or other officer who entered lands under said laws of the United States, or who was trustee for the execution of the trust in that behalf, whether such officer or trustee acted under this c…

58-901. Actions to protect possessory rights. Any person being a citizen of the United States or having in accordance with law declared his intention to become a citizen, occupying and settled upon any of the public lands of the United States in this state for the purpose of cult…

58-902. Claim — What to contain. Every claim, to enable the holder to maintain any action as aforesaid, must contain not more than 160 acres of land, to be in compact form, and so distinctly marked that the boundaries thereof may be easily traced: provided, that when the United S…

58-903. Claim — Notice — Affidavit — Recording. Every such claim must be accurately described in a written notice, which must be recorded in the office of the recorder of the county wherein the claim is situated, in a book to be kept for that purpose, together with an affidavit o…

58-904. Improvement, cultivation and residence. Within ninety (90) days after the date of such record said claimant must improve the land so recorded, unless the same has been previously improved by him or some one through whom he claims, by putting such improvements thereon as p…

58-905. Actions — Proof of improvements. In any action for the possession of, or for any injury done to, a lot or parcel of land, situated in any city, town or village on the public lands, the plaintiff must be required to prove either an actual inclosure of the whole lot claimed…

58-1101. Short title. This act shall be known as the "Idaho Real Property Acquisition Act of 1971."

58-1102. Definitions. As used in this act: (a) "Owner" means any individual, family, business, corporation, partnership, association, or farm operation having any right, title or interest in property which is acquired, condemned, or sought to be acquired or condemned by a departm…

58-1103. Acquisition of improvements adversely affected by use of real property acquired — Rights of tenants — Alternate modes of payment — Rights under other laws saved. (a) Notwithstanding any other provision of the laws of this state, if the department, a political subdivision…

58-1104. Unsuccessful or abandoned eminent domain proceeding — Award of litigation expense. (a) Should the court having jurisdiction of an eminent domain proceeding brought by the department, a political subdivision, or an agency seeking condemnation of an owner’s property render…

58-1105. Action by owner for taking of property — Award of expenses of litigation. Should an owner of real property be required to bring an action against the department, a political subdivision, or an agency for the taking of real property by such department, political subdivisi…

58-1106. Owner left with uneconomic or landlocked remnant — Acquisition of whole tract. When the acquisition of real property by the department, political subdivision, or agency would leave the owner with an uneconomic remnant or a landlocked tract of land, the department, politi…

58-1201. Findings. The legislature hereby finds and declares: (1) Upon admission of the state of Idaho into the union, the title to the beds of navigable waters became state property, and subject to its jurisdiction and disposal under the equal footing doctrine. According to the …

58-1202. Definitions. For the purposes of this chapter, the following definitions apply: (1) "Beds of navigable waters" means those lands lying under or below the "natural or ordinary high water mark" of navigable waters. (2) "Natural or ordinary high water mark" means the line t…

58-1203. Limitations to the application of the public trust doctrine. (1) The public trust doctrine as it is applied in the state of Idaho is solely a limitation on the power of the state to alienate or encumber the title to the beds of navigable waters as defined in this chapter…

58-1301. Encroachment on navigable lakes — Legislative intent. The legislature of the state of Idaho hereby declares that the public health, interest, safety and welfare requires that all encroachments upon, in or above the beds or waters of navigable lakes of the state be regula…

58-1302. Encroachment on navigable lakes — Definitions. (a) "Navigable lake" means any permanent body of relatively still or slack water, including man-made reservoirs, not privately owned and not a mere marsh or stream eddy, and capable of accommodating boats or canoes. This def…

58-1303. Encroachment on navigable lakes — Powers of state land board. The board of land commissioners shall regulate, control and may permit encroachments in aid of navigation or not in aid of navigation on, in or above the beds or waters of navigable lakes as provided herein.