Title 58, PUBLIC LANDS

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…

58-901. 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.

58-1304. Encroachment on navigable lakes — Rules and regulations. The board may adopt, revise and rescind such rules and regulations and issue such general orders as may be necessary to effectuate the purposes and policy of this chapter within the limitations and standards set fo…

58-1305. Noncommercial navigational encroachments — Procedures — Repairs — Forms. (a) Applications for construction or enlargement of navigational encroachments not extending beyond the line of navigability nor intended primarily for commercial or community use shall be processed…

58-1306. Nonnavigational or commercial navigational encroachments — Community navigational encroachments — Navigational encroachments beyond line of navigability — Application — Procedures — Publication of notice — Hearing — Appeals — Reconsideration — Criteria priority. (a) Appl…

58-1307. Fees for specified permits — Costs of publication. Application for a permit for any noncommercial navigational encroachment shall be accompanied by a nonrefundable fee of up to five hundred dollars ($500). Application for a permit for any noncommercial nonnavigational en…

58-1308. Penalty for violation — Injunctive relief. (1) Any person who violates any of the provisions of this chapter or any valid and authorized regulation, rule, permit or order of the board, or, where notified by personal service or certified mail of such violation and thereaf…

58-1309. Restoration — Mitigation of damages. Any person legally found to be wrongfully encroaching on, in or above the beds or waters of a navigable lake shall, in lieu of or in addition to penalties provided herein, be directed by the court to restore the lake to as near its co…

58-1310. Existing rights unaffected. This act shall not operate or be so construed as to impair, diminish, control or divest any existing or vested water rights acquired under the laws of the state of Idaho or the United States, nor to interfere with the diversion of water from l…

58-1311. Disclaimer of state property rights in private lands. While the state asserts the right to regulate and control all encroachments, navigational or nonnavigational, upon, in or above the beds or waters of navigable lakes as provided for in this act, nothing contained in t…

58-1312. Permitting of existing encroachments. (1) Unless otherwise prohibited, every person seeking a permit for a navigational or nonnavigational encroachment constructed prior to January 1, 1975, shall provide the board with substantive documentation of the age of the encroach…

58-1401. Declaration of policy. It is in the interest of all the people of Idaho that the abundant rangeland resources of the counties and the state be properly managed to produce multiple resources and values along with sustained yields of forage and fiber to support the economi…

58-1402. Definitions. As used in this chapter: (1) "Rangelands" means land on which the native vegetation is predominately grasses, grass-like plants, forbs, or shrubs, including lands revegetated naturally or artificially when routine management of that vegetation is accomplishe…

58-1403. Rangeland resources commission created — Members. (1) There is hereby created and established in the department of self-governing agencies the Idaho rangeland resources commission, to be composed of five (5) voting members appointed by the governor from a list of names, …

58-1404. Qualifications of the member and composition of the commission. Each member of the commission shall be nominated and appointed because of their knowledge of the state’s rangelands, rangeland management and the livestock grazing industry, or because they possess communica…

58-1405. Compensation of members. Members of the commission may be compensated as provided in section 59-509(b), Idaho Code.

58-1406. Chairman and staff of the commission. The commission shall elect a chairman and may employ clerical or other staff who are not members of the commission.

58-1407. Meetings of the commission. The commission shall meet not less than one (1) time in every three (3) month period and at such times as may be determined by either the chairman or a majority of the commission members. Any meeting may be held at any location within the stat…

58-1408. Duties and powers of the commission. (1) Consistent with the general purposes of this chapter, the commission shall establish the policies to be followed in the accomplishments of such purposes. (2) In the administration of the provisions of this chapter, the commission …

58-1409. Limitations to the powers of the commission. Irrespective of such actions as may be taken by individual members of the commission, the commission itself shall not use any funds or other resources of the commission to influence the outcome of any election for public offic…

58-1410. Commission accepting grants, donations and gifts. The commission may accept grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this chapter which may be specified as a condition of any grant, donation or gift. All funds r…

58-1411. Bonds of agents and employees. Any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form, and manner as prescribed in chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this chapter.

58-1412. Appointment of staff, duties, salary. The commission may appoint clerical or other staff, on either a full or part-time basis, who shall devote their time to the administration of the provisions of this chapter. The staff shall be paid reasonable salaries as fixed by the…

58-1413. Establishment of the commission’s office. For the convenience of the majority of those most likely to be affected by the administration of this act, the commission shall establish and maintain an office within the state of Idaho.

58-1414. State not liable for acts or omissions of the commission or of its employees. The state of Idaho is not liable for the acts or omissions of the commission or any member thereof or any officer, agent or employee thereof.

58-1414A. Imposition of fees. (1) There is hereby imposed, as of January 1, of each year, a fee upon owners of dry grazing land within the state of Idaho for the purpose of funding the activities and obligations of the Idaho rangeland resources commission. The fee shall be in the…