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H0735aa.............................................by AGRICULTURAL AFFAIRS
TAYLOR GRAZING ACT - Adds to existing law to provide that grazing
preferences under the Taylor Grazing Act are appurtenant to base property,
to provide a continuing right to a grazing preference and to provide
penalties for interference with a grazing right.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to Agric Aff
02/27 Rpt out - to Gen Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - PASSED - 60-7-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Bruneel, Callister, Campbell, Clark, Crane,
Crow, Cuddy, Deal, Denney, Ellsworth, Field(20), Geddes, Gould,
Hadley, Hansen, Henbest, Hornbeck, Jones(9), Jones(22), Judd,
Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
Loertscher, Mader, McKague, Meyer, Miller, Mortensen, Newcomb,
Pischner, Pomeroy, Reynolds, Richman, Ridinger, Sali, Schaefer,
Stevenson, Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler,
Wood, Zimmermann, Mr Speaker
NAYS -- Boe, Chase, Jaquet, Marley, Robison, Stoicheff, Stone
Absent and excused -- Field(13), Gagner, Jones(20),
Floor Sponsor - Field(20)
Title apvd - to Senate
03/10 Senate intro - 1st rdg as amen - to Agric Aff
03/13 Rpt out - rec d/p - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - PASSED - 24-9-2
AYES--Boatright, Branch, Burtenshaw, Cameron, Crow, Danielson,
Darrington, Deide, Geddes, Hawkins, Ingram, Keough, King, Lee,
McLaughlin, Parry, Richardson, Riggs, Risch, Sandy, Sorensen, Thorne,
Twiggs, Wheeler
NAYS--Andreason, Dunklin, Frasure, Ipsen, Noh, Schroeder, Stennett,
Sweeney, Whitworth
Absent and excused--Bunderson, Hansen
Floor Sponsor - Branch, King
Title apvd - to House
03/20 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/25 Governor signed
Session Law Chapter 345
Effective: 07/01/98
H0735|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 735, As Amended BY AGRICULTURAL AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE TAYLOR GRAZING ACT; AMENDING TITLE 25, IDAHO CODE, BY THE 3 ADDITION OF A NEW CHAPTER 9, TITLE 25, IDAHO CODE, TO PROVIDE THAT GRAZING 4 PREFERENCES ARE APPURTENANT TO BASE PROPERTY, TO PROVIDE A CONTINUING 5 RIGHT TO A GRAZING PREFERENCE, AND TO PROVIDE PENALTIES FOR INTERFERENCE 6 WITH A GRAZING RIGHT. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Title 25, Idaho Code, be, and the same is hereby amended 9 by the addition thereto of a NEW CHAPTER , to be known and desig- 10 nated as Chapter 9, Title 25, Idaho Code, and to read as follows: 11 CHAPTER 9 12 TAYLOR GRAZING ACT PREFERENCES 13 25-901. GRAZING PREFERENCE APPURTENANT TO BASE PROPERTY. The United 14 States congress, in fulfilling the constitutional obligation to manage the 15 property of the United States, passed the Taylor grazing act in 1934. Through 16 this act, congress acknowledged grazing preference rights and provided for 17 adjudication of allotments on which the grazing preference right was exer- 18 cised. Livestock ranches are bought, sold, traded and inherited with assurance 19 that the appurtenant grazing preference rights will be transferred to the new 20 base property owner. Therefore, a grazing preference right shall be considered 21 an appurtenance of the base property through which the grazing preference is 22 maintained. 23 25-902. CONTINUING RIGHT TO GRAZING PREFERENCE. When a grazing preference 24 right is made use of through sale, rental or other equitable distribution of 25 base property to another person with the view of receiving benefit of grazing 26 under the appurtenant preference right, such person, his heirs, executors, 27 administrators, successors or assigns, shall not thereafter, without his con- 28 sent, be deprived of the same without just compensation. 29 25-903. INTERFERENCE WITH GRAZING RIGHT. Any person who willfully or neg- 30 ligently interferes with the legal herding, grazing or pasturing of livestock 31 or with a fence, gate, water development or other range improvement on private 32 base property or on an adjudicated allotment is guilty of a misdemeanor and 33 additionally shall be subject to restitution under section 19-5304, Idaho 34 Code.
STATEMENT OF PURPOSE
RS 07889C1
Idaho law recognized the usual range or accustomed range, and the
possessory claims or possessory rights associated with those usual
ranges prior to Federal statutes providing for adjudication of the
same. This addition to Idaho law would clarify those historic
rights in the context of current Federal statutes. It would assure
that when a lending institution holds a mortgage on stock ranching
property, the appurtenant possessory use of grazing preference
rights will be maintained. It further would provide criminal and
civil penalties for negligent or intentional interference with
livestock grazing activities or facilities.
FISCAL NOTE
There is no fiscal impact
CONTACT: Rep. Frances Field
Chad Gibson 896-4104
Stan Boyd 344-2271
STATEMENT OF PURPOSE/ FISCAL NOTE
H 735