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S1512..........................................by RESOURCES AND ENVIRONMENT
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.
02/21 Senate intro - 1st rdg - to printing
02/22 Rpt prt - to Res/Env
S1512
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1512
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 STATE LAND BOARD'S AUTHORITY
4 TO EXCHANGE STATE LANDS FOR OTHER LANDS OF EQUAL OR GREATER VALUE INDEPEN-
5 DENT OF THEIR HIGHEST AND BEST USE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 58-138, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 58-138. EXCHANGE OF STATE LAND. (1) The state board of land commissioners
10 may at its discretion, when in the state's best interest, exchange, and do all
11 things necessary to exchange fee simple title to include full surface and min-
12 eral rights, to any of the state lands now or hereafter held and owned by this
13 state for similar other lands of equal or greater value public or private, so
14 as to consolidate state lands or aid the state in the control and management
15 or use of state lands.
16 (2) Provided further the state board of land commissioners may, in its
17 discretion, hereafter grant and receive less than fee simple title, and grant
18 or allow such reservations, restrictions, easements or such other impairment
19 to title as may be in the state's best interest.
20 (3) No exchanges shall be made involving leased lands except upon the
21 written agreement of the lessee.
22 (4) Subject to the approval of the state board of land commissioners, the
23 first lease on lands acquired through land exchange and in lieu selections
24 shall be offered to the present user, lessee, or permittee of the land, pro-
25 vided that the present user agrees in writing to enter into a contractual man-
26 agement program through which the resource values of the land may be enhanced
27 or improved for the purpose of increasing the income to the endowed institu-
28 tions.
STATEMENT OF PURPOSE
RS 09936
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 or private ..." These changes would authorize the Land Board to exchange
rangelands for timberlands and vice versa - a judgment call some argue may not be
accorded the Land board under existing law. The authority to enter into exchanges of
dissimilar lands will allow the Board to diversify its real estate portfolio and provide
greater future revenues for the endowment beneficiaries.
As a result of the original grants, the endowment lands are scattered across the
state. Many of the parcels are small and isolated, 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 flexibility. 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 similar when such action was in the best interest
of the beneficiaries.
FISCAL IMPACT
No additional general fund money will 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.
CONTACT:
Stan Hamilton, Director
Department of Lands
334-0239
STATEMENT OF PURPOSE/FISCAL IMPACT S 1512