1998 Legislation
Print Friendly

HOUSE BILL NO. 735, As Amended – Taylor Grazing Act/grazing prefernc

HOUSE BILL NO. 735, As Amended

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


H0735


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN 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 / Fiscal Impact


    





                          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