HOUSE BILL NO. 565

2008 Legislation

Print Friendly

HOUSE BILL NO. 565<br /> – Riparian rights, not transferred

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status


H0565..........................................................by EDUCATION
RIPARIAN AND LITTORAL RIGHTS - Adds to existing law to provide that certain
riparian rights and littoral rights shall not be deemed transferred or
abandoned to the state by virtue of rights-of-way deeds or easements.

02/26    House intro - 1st rdg - to printing
02/27    Rpt prt - to Res/Con
03/05    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 37-32-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bilbao, Block, Bolz,
      Bowers, Bradford, Chadderdon, Collins, Crane, Eskridge, Hart,
      Harwood, Henderson, Kren, Labrador, Loertscher, Marriott, Mortimer,
      Moyle, Nielsen, Nonini, Patrick, Raybould, Roberts, Schaefer,
      Shepherd(02), Shepherd(08), Shirley, Stevenson, Thomas, Vander Woude,
      Wills, Wood(27), Mr. Speaker
      NAYS -- Bell, Black, Bock, Boe, Brackett, Chavez, Chew, Clark, Durst,
      Hagedorn, Henbest, Jaquet, Killen, King, Lake, LeFavour, Luker,
      Mathews, McGeachin, Pasley-Stuart, Pence, Ringo, Ruchti, Rusche,
      Sayler, Shively, Smith(30), Smith(24), Snodgrass, Thayn, Trail,
      Wood(35)
      Absent and excused -- Bedke
    Floor Sponsor - Nonini
    Title apvd - to Senate
03/11    Senate intro - 1st rdg - to Transp

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 565

                                   BY EDUCATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO RIPARIAN AND LITTORAL RIGHTS; AMENDING CHAPTER 2, TITLE 40,  IDAHO
  3        CODE, BY THE ADDITION OF A NEW SECTION 40-210, IDAHO CODE, TO PROVIDE THAT
  4        CERTAIN  RIPARIAN  RIGHTS  AND  LITTORAL RIGHTS SHALL NOT BE DEEMED TRANS-
  5        FERRED OR ABANDONED TO THE STATE BY VIRTUE OF RIGHT-OF-WAY DEEDS OR  EASE-
  6        MENTS.

  7    Be It Enacted by the Legislature of the State of Idaho:

  8        SECTION  1.  That  Chapter  2,  Title  40, Idaho Code, be, and the same is
  9    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 10    ignated as Section 40-210, Idaho Code, and to read as follows:

 11        40-210.  RIPARIAN  RIGHTS  --  LITTORAL RIGHTS. Absent express language to
 12    the contrary in a right-of-way deed or easement, the  owner  of  a  parcel  of
 13    property  previously  vested  with  riparian  or  littoral rights shall not be
 14    deemed to have transferred or abandoned said rights to the state by virtue  of
 15    any  right-of-way deed or easement that may burden the property, provided said
 16    right-of-way deed or easement was granted to the state prior to March 4, 1953.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17970

This legislation will protect certain riparian or littoral rights
by specifying that those rights will not be lost by virtue of
right-of-way deeds or easements on a property, subject to certain
limitations.


                           FISCAL NOTE

None.







Contact
Name: Rep. Bob Nonini              Sen. Jim Hammond
Phone: (208) 332-1000              Sen. Mike Jorgenson
Rep. Frank Henderson
Rep. Marge Chadderdon
Rep. Phil Hart


STATEMENT OF PURPOSE/FISCAL NOTE                         H 565