2000 Legislation
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SENATE BILL NO. 1424 – State lands, lease, Sage Junction

SENATE BILL NO. 1424

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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

Bill Text


 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 / Fiscal Impact


     
                           
                 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