IDAPA 20.03.08
This rule sets procedures for issuing easements on lands within the jurisdiction of the State Board of Land Commissioners. An easement is a non-possessory interest in land for a specific purpose.
This rule implements the following statutes passed by the Idaho Legislature:
Public Lands -
Idaho Department of Lands 300 N. 6th Street, Suite 103 P.O. Box 83720 Boise, Idaho 83720-0050 Phone: (208) 334-0200 Fax: (208) 334-3698 Email: rulemaking@idl.idaho.gov https://www.idl.idaho.gov/
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
20.03.08 – Easements on State-Owned Lands
| 000. Legal Authority. | 3 |
|---|---|
| 001. Scope. | 3 |
| 002. Administrative Appeals. | 3 |
| 003. -- 009. (Reserved) | 3 |
| 010. Definitions. | 3 |
| 011. -- 019. (Reserved) | 3 |
| 020. Policy. | 4 |
| 021. Fees And Compensation. | 4 |
| 022. -- 024. (Reserved) | 5 |
| 025. Easement Amendment. | 5 |
| 026. -- 029. (Reserved) | 5 |
| 030. Emergency Work. | 5 |
| 031. -- 034. (Reserved) | 5 |
| 035. Cooperative Use And Reciprocal Use Agreements. | 5 |
| 036. -- 039. (Reserved) | 5 |
| 040. Assignments. | 5 |
| 041. Abandonment, Relinquishment, And Termination. | 5 |
| 042. -- 045. (Reserved) | 6 |
| 046. Procedure. | 6 |
| 047. -- 999. (Reserved) | 6 |
Idaho Code Title 58, Chapters 1 and 6, and Article IX, Sections 7 and 8 of the Idaho Constitution. Title 58, Chapter 1, Idaho Code, Title 58, Chapter 3, Idaho Code. (7-1-26)
These rules set forth procedures concerning the issuance of easements on all lands within the jurisdiction of the Idaho State Board of Land Commissioners except for state-owned navigable waterways. These rules do not apply to easements for hydroelectric projects. (7-1-26)
01. Valid Existing Rights. These rules are not to be construed as affecting any valid existing rights. (7-1-26)
An applicant aggrieved by a decision of the Director under these rules may request a hearing before the Board, but must do so within thirty (30) days after receipt of the Director's decision. (7-1-26)
01. Assignment. The complete transfer of rights and obligations of an easement in good standing from holder to succeeding right holder (assignor), acknowledged by the Department (servient estate). (7-1-26)
02. Board. The Idaho State Board of Land Commissioners or its designee. (7-1-26)
03. Damage or Impairment of Rights to the Remainder of the Property. The diminution of the market value of the remainder area, in the case of a partial taking. (3-18-22)
04. Department. The Idaho Department of Lands. (3-18-22)
05. Director. The Director of the Idaho Department of Lands or its designee. (7-1-26)
06. Easement. A non-possessory interest in land for a specific purpose. Such interest may be limited to a specified term. (3-18-22)
07. Endowment Lands. Land grants made to the state of Idaho by the Congress of the United States, or real property subsequently acquired through land exchange or purchase, for the sole use and benefit of the public schools and certain other institutions of the state, comprising nine (9) grants altogether. (7-1-26)
08. Grantee. The person or entity receiving the property right or permission. (7-1-26)
09. Grantor. The person or entity transferring, selling, or giving the property right or permission. Herein the Department or Board granting a right-of-way, easement or permit. (7-1-26)
10. Market Value. The most probable price at a specified date, in cash, or on terms reasonably equivalent to cash, that the property should bring in a competitive and open market under all conditions requisite to an arm's length sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. (7-1-26)
11. Right-of-Way. The area on, below, or above a road, highway, street, waterway, or utility easement over which a legal right of passage exists for the benefit of a specific purpose. Such passage and use rights may be limited as defined and limited to a specified term. (7-1-26)
12. State-Owned Lands. All lands within the jurisdiction of the Idaho State Board of Land Commissioners except for state-owned navigable waterways. (7-1-26)
13. Temporary Permit. An instrument authorizing a specific use on state land usually issued for five (5) years or less, but that may be issued for up to twenty (20) years. (7-1-26)
01. Easements Required. Easements are required for all rights-of-way of a permanent nature over state-owned land. Easements will not be granted when temporary permits serve the intended purpose or when a lease is appropriate. (7-1-26)
02. Prior Grants. The Director will recognize easements on state endowment lands by grant of the federal government, or subsequent landowners, prior to title vesting with the State or by eminent domain. (3-18-22)
03. Existing Easements. These rules do not apply to any use, facility or structure described in an existing easement. For amendment of an existing easement, see Section 025. (3-18-22)
04. Director's Discretion. The Director may grant a temporary permit or easement over state-owned land for any legitimate public or private purpose upon payment of appropriate compensation. (7-1-26)
05. Reciprocal Easements. The Director may seek reciprocal easements for access to state-owned lands from applicants for easements over state-owned lands. The value of the easement acquired by the state may be applied towards the cost of the easement acquired from the state. (3-18-22)
06. Interest Granted. An easement grants only such interest as is specified in the instrument, including the right to use the property for the specified purpose. The right to use the property for all other purposes aside from the grantee's limited interest remains with the grantor. (7-1-26)
07. Limit of Director's Discretion. The Director may grant and renew all easements except when the compensation will exceed the limits as delegated by the Board exclusive of the value of timber and payment for any damage or impairment of rights to the remainder of the property. (7-1-26)
08. Width of Easement. The width of any easement granted may not be less than eight (8) feet. (3-18-22)
09. Recordation. The Department will record the easement, or easement release, with the appropriate county recorder's office. (3-18-22)
10. Term Easement. The Director may grant an easement for a specific time period of ten (10) to fifty-five (55) years. (7-1-26)
01. Easement Fee. The compensation for easements over state-owned lands: Up to one hundred percent (100%) of market value, plus payment for any damage or impairment of rights to the remainder of the property, and proportional payment for any existing improvements within the right-of-way, such as a road, road surfacing, culverts, and bridges, as determined by the Director and supported by specific data such as an appraisal. (7-1-26)
a. A commensurate portion of the value created by the right of way, as determined by the Director and supported by specific data such as an appraisal. (7-1-26)
02. Performance of Appraisal. The appraisal of the easement may be performed by qualified Department staff or as determined by the Director. (7-1-26)
03. Appraisal Costs. An Applicant shall bear the costs of an appraisal. Where the appraisal is performed by the Department, an applicant will not be charged more than one thousand dollars ($1000) for an appraisal. (7-1-26)
04. Term Easements. Compensation for term easements will be established by appraisal or as determined by the Director. (7-1-26)
05. Minimum Compensation. The minimum compensation for any easement is at the discretion of the Land Board, not including the appraisal and survey costs. (7-1-26)
022. -- 024. (RESERVED)
Amendment of an existing easement must be processed in the same manner as a new application. Amendment includes change of use, widening the easement area, or changing the location of the easement area. Amendment does not include ordinary maintenance, repair, or replacement of existing structures such as poles, wires, cables, and culverts. (3-18-22)
026. -- 029. (RESERVED)
The grantee is authorized to enter endowment and other state-owned lands to perform emergency repairs for damage due to vandalism, floods, fire, high winds and other acts of God, provided that the grantee provides written notice to the Department within forty-eight (48) hours of the time work commences. The Director is authorized to assess any damages to the state lands and seek reimbursement. (7-1-26)
031. -- 034. (RESERVED)
01. Joint Agreements. The Director may, subject to the approval of the Board, enter into joint ownership and use agreements with persons, entities, other state, federal, or tribal agencies for roads providing access to endowment lands and other state-owned lands managed by the Department. Such agreements must provide that all landowners share proportionately in the cost of building and maintaining the shared road. The proportionate shares are calculated on timber volume, acreage or other unit of value. (7-1-26)
02. Reciprocal Use Agreements. The Director may enter into reciprocal use agreements with persons, entities, or other state agencies for existing roads where such agreements will enhance the management of endowment lands or other state-owned lands. (7-1-26)
03. Applicability. Where the Director has entered into such agreements mentioned in Subsections 035.01 and 035.02 above, Sections 021, 040, and 046 do not apply. (3-18-22)
036. -- 039. (RESERVED)
01. Form. Easements issued by the Director or by the Board are assignable provided that the assignor and assignee complete the Department’s standard assignment form. (7-1-26)
02. Prior Written Consent. An assignment is not valid without the prior written consent of the Director. Such consent will not be unreasonably withheld. (3-18-22)
03. Multiple Assignments. All state easements held by a grantee may be assigned at one time. (7-1-26)
01. Section 58-603, Idaho Code. The provisions of Idaho Code Section 58-603 apply to all easements over state-owned lands. (3-18-22)
02. Non-Use. An easement not used for the purpose for which it was granted, for five (5) consecutive years, is presumed abandoned and automatically terminates. The Director will notify the grantee in writing of the termination. The grantee has thirty (30) days from the date of notification to reply in writing to the Director to show
cause why the easement should be reinstated. Within sixty (60) days of receipt of the statement to show cause, the Director will notify the grantee in writing as to the Director’s decision concerning reinstatement. The grantee has thirty (30) days of receipt of the Director’s decision to appeal an adverse decision to the Board. (3-18-22)
03. Removal of Improvements. Upon termination, the grantee has twelve (12) months from the date of final notice to remove any facilities and improvements. (3-18-22)
04. Voluntary Relinquishment. The grantee may voluntarily relinquish the easement at any time by completing an easement relinquishment form provided by the Department. (7-1-26)
01. Contents of Application. A right-of-way application contains: (7-1-26)
a. A narrative description stating necessity and the purpose of the right-of-way; (7-1-26)
b. A map of the requested right-of-way; and (7-1-26)
c. An accurate written legal description based on a centerline survey or a metes and bounds survey of the perimeter of the easement tract. The applicant may also describe the area occupied by existing uses, facilities or structures by platting the state-owned land affected by and occupied by the proposed use and showing surveyed or scaled ties (to a legal corner) at the points where the use enters, occupies and leaves the parcel. (7-1-26)
02. Engineer Certification. Any application for a ditch, canal or reservoir, the plats and field notes must be certified by the engineer under whose direction such surveys or plans were made and four (4) copies filed with the Department and one (1) copy with the Director, Department of Water Resources as required in Section 58-601, Idaho Code. (7-1-26)
03. Where to Submit Application. An application may be submitted to any office of the Department. (7-1-26)
04. Notification of Approval. If approved, the applicant will be notified of the amount due to the Department. (3-18-22)
05. Notification of Denial. If the application is denied, the applicant will be notified in writing of such decision. (3-18-22)