Title 58 — PUBLIC LANDS

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 th…

58-307. Term of lease — Application for renewal — Allowance for improvements. (1) No lease of state trust lands shall be for a longer term than twenty (20) years. (2) Notwithstanding any other provisions of law, all state lands may be leased for a period of up to twenty-five (25)…

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 boar…

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 t…

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, a…

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…

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 …

58-313. Sale of state land. The state board of land commissioners may at any time direct the sale of any state lands, in such parcels as they shall deem for the best interests of the state. All sales of state lands shall be advertised in four (4) consecutive issues of some weekly…

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 i…

58-314. Place and terms of sale — Cash sales — Noxious weed districts. All sales of state lands shall be held in Ada county unless otherwise directed by the state board of land commissioners. Any such sale held away from Ada county shall take place at the county seat of the count…

58-316. Forfeiture of rights of delinquent purchaser — Reinstatement — Disposition of purchase money. If any purchaser of state land after receiving a certificate of purchase, as provided in this chapter, shall fail to make any of the payments stipulated therein, and the same rem…

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 s…

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 fac…

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 …

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 purchas…

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 duri…

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 amo…

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…

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 agenc…

58-332. Disposal of surplus real property. (1) Upon transfer to it of such surplus real property the state board of land commissioners shall ascertain if such property is suitable for other state use, and if it is, then control and custody thereof shall be relinquished by the boa…

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…

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 …

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…

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 pro…

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 67-455 or 67-455A, Idaho Code, as the same now exists or may from …

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,…

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 author…

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 a…

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 …

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 l…

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 ha…

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 …

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 fro…

58-407. Bond of persons cutting timber. (1) 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 a…

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 what…

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, inclusive, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in the sum of not less than ten dollar…

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, inclusive.

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 sal…

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…

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 …

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 s…

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…

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 …

58-502. Expenditures for management and utilization of areas — Sale of products. When lands are acquired or leased under section 58-501, the state board of land commissioners is hereby authorized to make expenditures from any funds not otherwise obligated, for the management, dev…

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 …

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…

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 …

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.

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,…

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…