Print Friendly SENATE BILL NO. 1153 – Land Bd. exchange lands
SENATE BILL NO. 1153
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S1153..........................................by RESOURCES AND ENVIRONMENT
STATE LAND BOARD - Amends existing law to clarify the State Land Board's
authority to exchange state lands for other lands of equal or greater value
independent of their highest and best use; and to provide that no exchanges
shall be made involving leased lands except upon written agreement of the
lessee or as provided in the lease.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Res/Env
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE SENATE
SENATE BILL NO. 1153
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO THE AUTHORITY OF THE STATE BOARD OF LAND COMMISSIONERS; AMENDING
3 SECTION 58-138, IDAHO CODE, TO CLARIFY THE BOARD'S AUTHORITY TO EXCHANGE
4 STATE LANDS FOR OTHER LANDS OF EQUAL OR GREATER VALUE INDEPENDENT OF THEIR
5 HIGHEST AND BEST USE AND TO PROVIDE THAT NO EXCHANGES SHALL BE MADE
6 INVOLVING LEASED LANDS EXCEPT UPON WRITTEN AGREEMENT OF THE LESSEE OR AS
7 PROVIDED IN THE LEASE.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 58-138, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 58-138. EXCHANGE OF STATE LAND. (1) The state board of land commissioners
12 may at its discretion, when in the state's best interest, exchange, and do all
13 things necessary to exchange fee simple title to include full surface and min-
14 eral rights, to any of the state lands now or hereafter held and owned by this
15 state for similar other lands of equal or
16 greater value , public or private, so as to consolidate
17 state lands or aid the state in the control and management or use of state
19 (2) Provided further the state board of land commissioners may, in its
20 discretion, hereafter grant and receive less than fee simple title, and grant
21 or allow such reservations, restrictions, easements or such other impairment
22 to title as may be in the state's best interest.
23 (3) No exchanges shall be made involving leased lands except upon the
24 written agreement of the lessee , or as provided in the lease .
25 (4) Subject to the approval of the state board of land commissioners, the
26 first lease on lands acquired through land exchange and in lieu selections
27 shall be offered to the present user, lessee, or permittee of the land, pro-
28 vided that the present user agrees in writing to enter into a contractual man-
29 agement program through which the resource values of the land may be enhanced
30 or improved for the purpose of increasing the income to the endowed institu-
STATEMENT OF PURPOSE
This proposed bill amends Section 58-138, Idaho Code, to allow the Land Board to
exchange endowment lands for "... similar other lands of equal or greater value, public
These changes would authorize the Land Board to exchange rangelands for
timberlands and vice versa - a judgment call not accorded the Land board under
existing law. The authority to enter into exchanges of dissimilar will allow the Board to
diversify its real estate portfolio and provide greater future revenues for the endowment
As a result of the original grants, the endowment lands are scattered across the state.
Many of the parcels are small and isotated, which makes it difficult to properly manage
them and increases the administrative costs. The quality of these lands varies from
poor to excellent.
As with any portfolio of trust (land) assets, it is prudent to continuously evaluate and
upgrade those holdings to ensure the best returns for the beneficiaries. Land
exchanges allow the state to acquire lands that are more compatible with existing state
ownership, and also provide for greater management control. The Board has been
involved in an active land exchange program since the early 1970's and they have, on
occasion, exchanged lands that were not simliar when such action was in the best
interest of the beneficiaries.
This proposed bill also amends Section 58-138 (3) as follows:
"(3) No exchanges shall be made involving leased lands except upon the written
agreement of the lessee. or as provided in the lease."
No additional general fund money wlil be needed to implement this bill. Implementation
of this bill will result in reduced administrative costs and greater returns to the
endowment trust beneficiaries from resource management activities on lands acquired
through land exchange.
Stan Hamilton, Director Department of Lands
STATEMENT OF PURPOSE/FISCAL IMPACT S 1l53