TITLE 36

FISH AND GAME

CHAPTER 18

FEDERAL AID FOR FISH AND WILDLIFE RESTORATION PROJECTS

36-1807.  Public hearings — Information — Approval or disapproval — Purchases of five acres or less. Whenever the creation, establishment or enlargement of any heretofore established or hereafter to be established cooperative wildlife restoration project or migratory bird reservation, as provided in sections 36-1801 and 36-1806, Idaho Code, shall contemplate, require or involve the acquisition of privately owned property by either the state of Idaho or the United States, neither the state of Idaho, the Idaho fish and game commission, nor any other officer, person or agency of the state of Idaho authorized to act for the state of Idaho shall consent to, approve of, concur in, assent to or authorize establishment of or enlargement of any cooperative wildlife restoration project or migratory bird reservation unless a public hearing has been held in the county or counties where the proposed cooperative wildlife restoration project or migratory bird reservation is to be established or enlarged or the proposed lands are to be acquired and until fifteen (15) days shall have elapsed following such hearing.

Notice of such public hearing shall be given by certified mail to the board of county commissioners of the county or counties affected and by publication in a newspaper or newspapers having general circulation within such county or counties. Such publication shall be given so that the first such publication shall be at least ten (10) and not more than fifteen (15) days before the date of hearing and if published weekly, shall be published in at least two (2) successive issues and if published daily, shall be published in at least seven (7) successive issues. The notices shall contain a brief description of the proposed project and a general description of the proposed location thereof and the place and time of hearing and state that all interested persons may appear and be heard.

At the hearing, the commission shall present or cause to be presented oral and documentary evidence as to the land areas affected, the existing use of and production from said lands, the probable changes in use and production of said lands if included in such project, the existing tax to all taxing districts payable from such lands and the estimated amount of any payments in lieu of taxes, if any, and to what taxing district such in-lieu payments will be made if the lands be included in such project. The board of county commissioners of the county or counties affected and other persons present may present oral or documentary evidence upon any of the above matters and upon any other matters showing the economic effect the proposal would have upon the county or counties and their residents. Statements will be received, either oral or written, from any county resident present who shall wish to make his views known either in favor of or in opposition to such proposed project. From and after such hearing the board of county commissioners of the county or counties affected shall have fifteen (15) days to recommend and file approval or disapproval of such proposed project. Failure of the board to act within said period shall be deemed approval by them of the proposed project. If the board of any county affected shall recommend disapproval of such project, then the state of Idaho or any agency, commission or officer thereof shall not consent, concur, approve or assent to such project without first giving serious consideration to the objections of the board of county commissioners and filing with the board of county commissioners a written statement reasonably explaining the reasons for giving the consent, concurrence, approval or assent in the face of such objections. In the event (of) no such consent, concurrence, approval or assent is given, nothing herein contained shall be construed to prevent reconsideration of such proposals, or modification thereof, from time to time upon the same procedures for notice and hearing as set forth hereinabove.

No assent, approval, consent, or recommendation, as required by sections 36-1801 or 36-1806, Idaho Code, shall be of any force or effect until the requirements for notice and hearing as set forth herein have been satisfied. Nothing in this chapter shall be applicable to land purchases of five (5) acres or less.

History:

[36-1807, added 1976, ch. 95, sec. 2, p. 373.]