2003 Legislation
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HOUSE BILL NO. 223 – Mineral right/severed from property


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Daily Data Tracking History

H0223.........................................................by STATE AFFAIRS
PROPERTY - Amends existing law to provide conditions to govern the disposal by
a board of county commissioners of title to mineral rights severed from
02/10    House intro - 1st rdg - to printing
02/11    Rpt prt - to St Aff
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/21    3rd rdg - PASSED - 63-0-7
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Boe, Bolz, Bradford, Cannon, Clark, Collins, Crow, Cuddy, Deal,
      Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk,
      Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
      Moyle, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
      Rydalch, Sali, Sayler, Schaefer(Schaefer), Shepherd, Shirley, Skippen,
      Smith(30), Smylie, Snodgrass, Tilman, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Block, Campbell, Jones, Mitchell, Naccarato,
      Smith(24), Stevenson
    Floor Sponsor - Langford
    Title apvd - to Senate
02/24    Senate intro - 1st rdg - to Loc Gov
02/27    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 34-1-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
      Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, McWilliams, Noble(Anderson), Noh, Pearce, Richardson,
      Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- Schroeder
      Absent and excused -- None
    Floor Sponsor - Sweet
    Title apvd - to House
03/07    To enrol
03/10    Rpt enrol - Sp signed
03/11    Pres signed
03/12    To Governor
03/13    Governor signed
         Session Law Chapter 58
         Effective: 07/01/03

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 223
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 31-808, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
 11    TION  OF  PROPERTY TO OTHER UNITS OF GOVERNMENT. (1) A board of county commis-
 12    sioners shall have the power and authority to sell or offer for sale at public
 13    auction any real or personal property belonging to the  county  not  necessary
 14    for  its  use. However, personal property not exceeding two hundred fifty dol-
 15    lars ($250) in value may be sold at private sale without notice or public auc-
 16    tion. Prior to offering the property for sale, the board of county commission-
 17    ers shall advertise notice of the auction in a newspaper, as defined  in  sec-
 18    tion  60-106,  Idaho  Code, either published in the county or having a general
 19    circulation in the county, not less than ten (10) calendar days prior  to  the
 20    auction.  If  the  property to be sold is real property, the notice to be pub-
 21    lished shall contain the legal description as well as the  street  address  of
 22    the  property.  If  the property is outside the corporate limits of a city and
 23    does not have a street address, then the description shall  also  contain  the
 24    distance  and  direction of the location of the real property from the closest
 25    city. If the property to be sold is acquired by tax deed, the notice  required
 26    to  be  published  shall include, next to the description of the property, the
 27    name of the taxpayer as it appears in  the  delinquent  tax  certificate  upon
 28    which  the tax deed was issued. The property shall be sold to the highest bid-
 29    der. However, the board of county  commissioners  may  reserve  the  right  to
 30    reject  any  and  all bids and shall have discretionary authority to reject or
 31    accept any bid which may be made for an amount less than the total  amount  of
 32    all  delinquent taxes, late charges, costs and interest which may have accrued
 33    against any property so offered for sale, including the  amount  specified  in
 34    the tax deed to the county.
 35        (2)  Proceeds  from  the  sale of county property not acquired by tax deed
 36    shall be paid into the county treasury for the general use of the county.   If
 37    the  property to be sold has been acquired by tax deed, pursuant to the provi-
 38    sions of chapter 10, title 63, Idaho Code, the proceeds from the  sale,  after
 39    reimbursement  to  the  county  for the cost of advertising and sale, shall be
 40    apportioned to the taxing districts in which the property is situated  accord-
 41    ing to the levy applied to the year of delinquency upon which the tax deed was
 42    issued to the county.
 43        (3)  Any  property  sold  may  be  carried on a recorded contract with the
  1    county for a term not to exceed ten (10) years and at an interest rate not  to
  2    exceed the rate of interest specified in section 28-22-104(1), Idaho Code. The
  3    board  of county commissioners shall have the authority to cancel any contract
  4    if the purchaser fails to comply with any of the terms of the contract and the
  5    county shall retain all payments made on the contract. The title to all  prop-
  6    erty  sold  on contract shall be retained in the name of the county until full
  7    payment has been made by  the  purchaser.  However,  the  purchaser  shall  be
  8    responsible  for  payment  of all property taxes during the period of the con-
  9    tract.
 10        (4)  Any sale of property by the county shall vest in the purchaser all of
 11    the right, title and interest of the county in  the  property,  including  all
 12    delinquent  taxes  which  have become a lien on the property since the date of
 13    issue of the tax deed, if any.
 14        (5)  In addition to the purchase price, a purchaser  of  county  property,
 15    including  property  acquired  by tax deed, shall pay all fees required by law
 16    for the transfer of property. No deed for any real estate  purchased  pursuant
 17    to the provisions of this section shall be delivered to a purchaser until such
 18    deed has been recorded in the county making the sale.
 19        (6)  Should  the  county be unable to sell at a public auction any real or
 20    personal property belonging to the county, including property acquired by  tax
 21    deed,  it  may  sell  the property without further notice by public or private
 22    sale upon such terms and conditions as the county deems  necessary.  Distribu-
 23    tion  of  the proceeds of sale shall be as set forth in subsection (2) of this
 24    section.
 25        (7)  The board of county commissioners may at its discretion, when in  the
 26    county's  best  interest, exchange and do all things necessary to exchange any
 27    of the real property now or hereafter held and owned by the  county  for  real
 28    property  of  equal value, public or private, to consolidate county real prop-
 29    erty or aid the county in the control and management or  use  of  county  real
 30    property.
 31        (8)  The board of county commissioners may, by resolution, declare certain
 32    parcels of real property as odd-lot property, all or portions of which are not
 33    needed for public purposes and are excess to the needs of the county. For pur-
 34    poses  of  this  subsection, odd-lot property is defined as that property that
 35    has an irregular shape or is a remnant and has value primarily to an adjoining
 36    property owner. Odd-lot property may be sold to an adjacent property owner for
 37    fair market value that is estimated by a land appraiser licensed  to  appraise
 38    property in the state of Idaho. If, after thirty (30) days' written notice, an
 39    adjoining property owner or owners do not desire to purchase the odd-lot prop-
 40    erty,  the  board  of  county commissioners may sell the property to any other
 41    interested party for not less than the appraised value. When a sale of odd-lot
 42    property is agreed to, a public advertisement of the  pending  sale  shall  be
 43    published  in one (1) edition of the newspaper as defined in subsection (1) of
 44    this section, and the public shall have fifteen (15) days  to  object  to  the
 45    sale in writing. The board of county commissioners shall make the final deter-
 46    mination regarding the sale of odd-lot property in an open meeting.
 47        (9)  In  addition  to any other powers granted by law, the board of county
 48    commissioners may at their discretion, grant to or exchange with  the  federal
 49    government,  the  state of Idaho, any political subdivision or taxing district
 50    of the state of Idaho or any local historical society which is incorporated as
 51    an Idaho nonprofit corporation which operates primarily in the county or main-
 52    tains a museum in the county, with or without compensation, any real  or  per-
 53    sonal  property  or  any  interest  in  such  property  owned by the county or
 54    acquired by tax deed, after adoption of a resolution by the  board  of  county
 55    commissioners  that  the grant or exchange of property is in the public inter-
  1    est.  Notice of such grant or exchange shall be as provided in subsection  (1)
  2    of  this  section  and  the decision may be made at any regularly or specially
  3    scheduled meeting of the board of  county  commissioners.  The  execution  and
  4    delivery by the county of the deed conveying an interest in the property shall
  5    operate  to  discharge  and cancel all levies, liens and taxes made or created
  6    for the benefit of the state, county or any  other  political  subdivision  or
  7    taxing  district  and to cancel all titles or claims of title including claims
  8    of redemption to such real property asserted or existing at the time  of  such
  9    conveyance.  However,  if  the property conveyed  is subject to a lien for one
 10    (1) or more unsatisfied special assessments, the lien shall continue until all
 11    special assessments have been paid in full. At no time shall a lien for a spe-
 12    cial assessment be extinguished prior to such special assessment  having  been
 13    paid  in  full.  Any  property conveyed to any local historical society by the
 14    county shall revert to the county when the property is no longer utilized  for
 15    the purposes for which it was conveyed.
 16        (10) When the county has title to mineral rights severed from the property
 17    to  which  they attach, and the mineral rights have value of less than twenty-
 18    five dollars ($25.00) per acre, the board of county commissioners may  act  to
 19    return the mineral rights to the land from which they were severed in the fol-
 20    lowing  manner:  the  proposed  action  must appear on the agenda of a regular
 21    meeting of the board of county commissioners;  and  the  motion  to  make  the
 22    return must be adopted unanimously by the board voting in open meeting.
 23        (11)  A  highway district or single countywide highway district shall fol-
 24    low the provisions of this section when  selling  real  or  personal  property
 25    which  has a value in excess of five thousand dollars ($5,000) belonging to it
 26    but not necessary for its use. The proceeds from such sale shall  be  paid  to
 27    the highway district or single countywide highway district for its use.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 12817
The purpose of this legislation is to allow counties that wish to
do so to return severed mineral rights to the land from which
they originated.
                          FISCAL IMPACT


Name: Rep. Eulalie Langford 
Phone: 208/332-1000