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S1424..........................................by RESOURCES AND ENVIRONMENT
STATE LANDS - LEASE - Amends existing law to include thirty-three and
three-hundredths additional acres of land at Sage Junction in the endowment
lands long-term leasing authority of the State Board of Land Commissioners.
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Res/Env
02/28 Rpt out - rec d/p - to 2nd rdg
02/29 2nd rdg - to 3rd rdg
03/07 3rd rdg - PASSED - 31-0-4
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Deide, Dunklin, Geddes, Hawkins, Ingram,
Ipsen, Keough, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy,
Schroeder, Sorensen, Stegner, Stennett, Thorne, Walton, Wheeler,
Whitworth, Williams
NAYS--None
Absent and excused--Davis, Frasure, King-Barrutia, Parry
Floor Sponsor - Andreason
Title apvd - to House
03/08 House intro - 1st rdg - to Res/Con
03/10 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/29 3rd rdg - PASSED - 61-0-9
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Gagner, Geddes, Gould, Hadley, Hammond,
Hansen(23), Henbest, Hornbeck, Jaquet, Judd, Kellogg, Kempton,
Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Reynolds,
Ridinger, Ringo, Robison, Sali, Schaefer, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Bruneel, Cheirrett, Field(20), Hansen(29),
Jones, Pischner, Sellman, Shepherd, Mr Speaker
Floor Sponsor - Wood
Title apvd - to Senate
03/30 To enrol - rpt enrol - Pres signed
03/31 Sp signed
04/03 To Governor
04/04 Governor signed
Session Law Chapter 187
Effective: 07/01/00
S1424
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1424
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO LEASE OF STATE LANDS; AMENDING SECTION 58-307, IDAHO CODE, TO
3 INCLUDE THIRTY-THREE AND THREE-HUNDREDTHS ACRES OF LAND AT SAGE JUNCTION
4 IN THE LONG-TERM LEASING AUTHORITY OF THE STATE BOARD OF LAND COMMISSION-
5 ERS FOR ENDOWMENT LANDS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 58-307, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 58-307. TERM OF LEASE -- APPLICATION FOR RENEWAL -- ALLOWANCE FOR
10 IMPROVEMENTS. (1) No lease of state public school endowment lands, other than
11 those valuable for stone, coal, oil, gas or other minerals, shall be for a
12 longer term than ten (10) years.
13 (2) Notwithstanding any other provisions of law, all state lands may be
14 leased for a period of up to twenty-five (25) years to the federal government,
15 to federal agencies, state agencies, counties, or cities, school districts or
16 political subdivisions when leased for public purposes. Such leases for public
17 purposes may be entered into by negotiation and shall secure a rental amount
18 based on the fair market value of the state land.
19 (3) Notwithstanding any other provisions of law, only the state endowment
20 lands, other than public school endowment lands, described below may be leased
21 for a period of up to forty-nine (49) years for commercial purposes, under
22 such terms and conditions as may be set by the board, provided that the board
23 consults with the county commissioners of the county in which the lands are
24 located before leasing the lands described below, and the use for which the
25 land is leased shall be consistent with the local planning and zoning ordi-
26 nances insofar as is reasonable and practicable. The department shall hold a
27 hearing, on each of the parcels described below, in the community in which the
28 parcel is located.
29 (a) One (1) parcel - E1/2, Section 5, T2N, R2E, Boise Meridian, contain-
30 ing three hundred twenty (320) acres, more or less, and located south of
31 the Boise Airport on Pleasant Valley Road.
32 (b) One (1) parcel - SWSWNW, Section 27, T3N, R2E, Boise Meridian, con-
33 taining eight (8) acres, more or less, located northeasterly of the Boise
34 Airport and north of the Boise Interagency Fire Center.
35 (c) Four (4) parcels - E1/2SW, W1/2SE, NESE, Section 31; SW1/4, Section
36 32, T3N, R2E, Boise Meridian, all containing three hundred sixty (360)
37 acres, more or less, located south of the Boise Airport and west of Pleas-
38 ant Valley Road.
39 (d) Three (3) parcels - SWSW, Section 28; Pt. SESE, Section 29 (east of
40 the Railroad R/W, now a bikepath); W1/2NW, Section 33, all in T3N, R18E,
41 Boise Meridian, all containing one hundred twenty-five (125) acres, more
42 or less, located two (2) miles northerly of Hailey, Idaho, excepting
43 therefrom, a parcel of land, containing twenty (20) acres, more or less,
2
1 at a location to be determined with access to the sheep driveway located
2 on the county road.
3 (e) One (1) parcel - SWNE, Section 32, T3N, R2E, Boise Meridian, contain-
4 ing forty (40) acres, more or less, located southerly and westerly of the
5 Boise Airport off Gowen Road; Public Building Endowment.
6 (f) Two (2) parcels - Part NESWNE, Section 35, T3N, R2E, Boise Meridian,
7 containing three and fifteen hundredths (3.15) acres, more or less; Part
8 NENESE, Section 35, T3N, R2E, Boise Meridian, containing one and eight-
9 tenths (1.8) acres, more or less; both located northerly and easterly of
10 I-84 between the Broadway Interchange and the Gowen Road/State Highway 21
11 Interchange; Normal School Endowment.
12 (g) One (1) parcel - Part Lot 1, Section 1, T2N, R2E, Boise Meridian,
13 containing five (5) acres, more or less, located near the Gowen Road/State
14 Highway 21 Exit from I-84; Penitentiary Endowment.
15 (h) One (1) parcel - N1/2NW1/4SW1/4, SW1/4NW1/4SW1/4, Section 4, T2N,
16 R2E, Boise Meridian, excepting that portion deeded to Ada County for a
17 public road, containing twenty-eight and seventy-nine hundredths (28.79)
18 acres, more or less, located south of the Boise Airport and east of Pleas-
19 ant Valley Road; Normal School Endowment.
20 (4) Notwithstanding any other provisions of law, only the state public
21 school endowment lands described below may be leased for commercial purposes,
22 for a term not to exceed ten (10) years, and the board may grant, upon payment
23 of good and valuable consideration, a preferential right to renew said lease
24 not more than four (4) times, provided that the board shall consult with the
25 county commissioners of the county in which the lands are located before leas-
26 ing the lands described below, and the use for which the land is leased shall
27 be consistent with the local planning and zoning ordinances insofar as is rea-
28 sonable and practicable. The department shall hold a hearing, on each of the
29 parcels described below, in the community in which the parcel is located.
30 (a) One (1) parcel - All, Section 16, T3N, R18E, Boise Meridian, contain-
31 ing six hundred forty (640) acres, more or less, and located in Ohio Gulch
32 some five (5) miles northerly of Hailey, Idaho.
33 (b) One (1) parcel - E1/2NE, Section 16, T18N, R3E, Boise Meridian, con-
34 taining eighty (80) acres, more or less, and located northwesterly of the
35 intersection of Deinhard Lane and Sampson Trail in McCall, Idaho.
36 (c) One (1) parcel - S1/2NW, NESW, Part NWSW, Part SWSW, Part SESW, Sec-
37 tion 36, T3N, R2E, Boise Meridian, containing one hundred seventy-eight
38 and seventy-one hundredths (178.71) acres, more or less, located northerly
39 and easterly of I-84 between the Broadway Interchange and the Gowen
40 Road/State Highway 21 Interchange; Public School Endowment.
41 (d) One (1) parcel - NE1/4SW1/4, SE1/4NW1/4SW1/4, Section 4, T2N, R2E,
42 Boise Meridian, containing fifty (50) acres, more or less, located south
43 of the Boise Airport and east of Pleasant Valley Road; Public School
44 Endowment.
45 (e) Two (2) parcels - Lot 14 (Pt. NESE), Lot 15 (Pt. NESE), Lot 16
46 (Pt. N2SE), SWSE, Lot 17 (SESE), Section 22, Township 6 North, Range 36
47 East, Boise Meridian, containing one hundred twenty-seven and seventeen
48 hundredths (127.17) sixty and two-tenths (160.20) acres more or less;
49 NWSW, Pt. SWSW, Section 23, Township 6 North, Range 36 East, Boise Merid-
50 ian, containing forty-eight (48) acres, more or less, located fifty (50)
51 miles north of Idaho Falls at the junction of State Highway 28 and Inter-
52 state Highway 15.
53 (f) One (1) parcel - Lot 9 (Pt. NWNE, Pt. NENW), Lot 10 (Pt. SWNE, Pt.
54 SENW), Section 12, Township 2 North, Range 37 East, Boise Meridian, con-
55 taining nineteen and twenty-seven hundredths (19.27) acres, more or less,
3
1 located adjacent to the U of I/ISU Center in Idaho Falls.
2 (g) One (1) parcel - Lots 1 and 2, Section 8, Township 2 North, Range 38
3 East, Boise Meridian, containing seven and seventy-seven hundredths (7.77)
4 acres, more or less, located on Lincoln Street in Idaho Falls.
5 (h) One (1) parcel - W1/2, Section 16; Lot 1 and 2 (E2NE), W2NE, Section
6 17, Township 3 South, Range 18 East, Boise Meridian, containing four hun-
7 dred eighty and fifty-seven hundredths (480.57) acres more or less,
8 located on State Highway 93 north of Shoshone at Shoshone Ice Caves.
9 (5) The term "commercial purposes" means industrial enterprises, retail
10 sales outlets, business and professional office buildings, hospitality enter-
11 prises, commercial recreational activities, multifamily residential develop-
12 ments and other similar businesses. For purposes of this section, agricultural
13 leases, grazing leases, oil and gas leases, mineral leases, geothermal leases
14 and single family, recreational cottage site and homesite leases are not con-
15 sidered leases for commercial purposes.
16 (6) The board may require that all fixed improvements constructed upon
17 land leased for commercial purposes be removed or become the property of the
18 state upon termination of the lease, and that any heirs, encumbrances or
19 claims of third parties with respect to any improvements shall be expressly
20 subordinate and subject to the rights of the state under this section.
21 (7) Except for geothermal, oil and gas, and mineral leases, the lease
22 year shall run from January 1 through December 31, and all leases shall expire
23 on December 31 of the year of expiration.
24 (8) The annual rental shall be due and payable in advance of year one of
25 the lease and by January 1 of each succeeding year, except for grazing leases
26 which shall be due and payable by the date set by the state board of land com-
27 missioners in the lease, but in no case shall the rental for grazing leases be
28 due and payable earlier than January 1 or later than May 1 of each succeeding
29 year.
30 (9) All applications to lease or to renew an existing lease which expires
31 December thirty-first of any year, shall be filed in the office of the direc-
32 tor of the department of lands by the thirtieth day of April preceding the
33 date of such expiration. Such applications will be considered by the state
34 land board and be disposed of in the manner provided by law; except that the
35 board may reject conflicting applications for a lease for commercial purposes
36 if the lessee exercises the preference right to renew clause.
37 (10) Where conflicts appear upon leases which do not contain a preferen-
38 tial right to renew clause, such applications shall be considered as having
39 been filed simultaneously. However, nothing herein shall be construed to pre-
40 vent the state board of land commissioners from accepting and considering
41 applications for new leases at any time.
42 (11) In case improvements have been made on land while under lease which
43 is expiring, and the former lessee is not the successful bidder, but the land
44 is leased to another, the amount of such improvements shall be paid to the
45 former lessee. The following shall be considered improvements: plowing done
46 within one (1) year, provided no crop has been raised on the plowed land after
47 such plowing, fencing, buildings, cisterns, wells, growing crops and any other
48 asset which shall be considered an improvement by the director.
49 (12) Commercial leases of the state lands described in this section shall
50 not be subject to the conflict auction provisions of section 58-310, Idaho
51 Code. The board may, at its discretion, call for proposals and sealed bids by
52 public advertisement, and may evaluate said proposals and award the lease to
53 the bidder whose proposal achieves the highest return over the term of the
54 lease and who is capable of meeting such terms and conditions as may be set by
55 the board; in the alternative, the board may call for lease applications by
4
1 public advertisement and if more than one (1) person files an application to
2 hold an auction in the same manner as provided in section 58-310, Idaho Code.
3 In either case, the board must obtain a reasonable rental, based upon fair
4 market value of the state land, throughout the duration of the lease. The
5 board may reject any or all proposals and any or all bids, and may reoffer the
6 lease at a later date if the board determines that the proposals or bids do
7 not achieve the highest and best use of the land at market rental.
STATEMENT OF PURPOSE
RS 09939
The department added Section (4)(e) to Idaho Code 58-307 in 1998. A
portion of land containing 33.03 acres was inadvertently left out of the legal
description. This legislation would add those inadvertently omitted 33.03 acres of
land at Sage Junction to the long term leasing authority for endowment lands.
The property is described as Lot 15 (Pt NESE), Section 22, Township 6
North, Range 36 East Boise Meridian, containing 33.03 acres, more or less. This
parcel is very important to the overall, long-term development of the site.
FISCAL IMPACT
There are no additional costs association with this legislation. The endowment
will benefit by being able to offer a better parcel of land for long term leasing at
market rent. The public will benefit because the endowment will realize higher
income, which acts to offset taxes.
CONTACT:
Stan Hamilton, Director
Department of Lands
334-0200
STATEMENT OF PURPOSE/FISCAL IMPACT S 1424