2008 Legislation
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SENATE BILL NO. 1470<br /> – Lands Dept, public use right-of-way

SENATE BILL NO. 1470

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Bill Status



S1470......................................................by STATE AFFAIRS
DEPARTMENT OF LANDS - Adds to existing law relating to the Department of
Lands; to provide for disclaimers of interest; and to provide for the
reservation of public use rights-of-way.

03/06    Senate intro - 1st rdg - to printing
03/07    Rpt prt - to Res/Env
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/13    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Stennett
    Title apvd - to House
03/14    House intro - 1st rdg - to Res/Con
03/25    Rpt out - rec d/p - to 2nd rdg
03/26    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, Mortimer, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thomas, Trail, Vander Woude, Wills, Wood(27), Wood(35),
      Mr. Speaker
      NAYS -- None
      Absent and excused -- Bradford, McGeachin, Thayn
    Floor Sponsor - Wood(27)
    Title apvd - to Senate
03/27    To enrol - Rpt enrol - Pres signed
03/28    Sp signed
03/31    To Governor
04/01    Governor signed
         Session Law Chapter 371
         Effective: 07/01/08

Bill Text




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

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1470

                                 BY STATE AFFAIRS COMMITTEE

  1                                        AN ACT
  2    RELATING TO THE DEPARTMENT OF LANDS; AMENDING CHAPTER 1, TITLE 58, IDAHO CODE,
  3        BY THE ADDITION OF A NEW SECTION 58-119A, IDAHO CODE, TO PROVIDE FOR  DIS-
  4        CLAIMERS  OF  INTEREST  AND  TO  PROVIDE FOR THE RESERVATION OF PUBLIC USE
  5        RIGHTS-OF-WAY.

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

  7        SECTION 1.  That Chapter 1, Title 58, Idaho Code,  be,  and  the  same  is
  8    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  9    ignated as Section 58-119A, Idaho Code, and to read as follows:

 10        58-119A.  DISCLAIMERS OF INTEREST -- RESERVATION OF PUBLIC USE  RIGHTS-OF-
 11    WAY. The department of lands may enter into an agreement with an owner of land
 12    adjacent  to  accreted land along a navigable river for the issuance of a dis-
 13    claimer of interest as to the accreted land by the state  in  exchange  for  a
 14    reservation  of  a public use right-of-way along the navigable river. Any pro-
 15    posed agreement that seeks to reserve a public use right-of-way in excess  of,
 16    or  less than, a width of twenty-five (25) feet shall be approved by the state
 17    board of land commissioners prior to finalization of the agreement.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS18025

For disclaimers of interests of state lands along navigable rivers,
this legislation would insure that the state provide for a public
access right-of-way of a width of twenty-five feet in exchange for
the disclaimer of interest.  Any agreements in excess or less than
a twenty five foot access would be at the discretion of the State
Land Board.  This legislation codifies current guidelines already
implemented by the Idaho Department of Lands and the State Land
Board in disclaimers of interest, and protects the public access to
our rivers.  


                           FISCAL NOTE

No impact to the General Fund.






Contact
Name: Sen. Clint Stennett 
Phone: 208-332-1351


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1470