TITLE 47

MINES AND MINING

CHAPTER 7

MINERAL RIGHTS IN STATE LANDS

47-711.  Sale of state lands containing mineral deposits. (1) Lands in which minerals are contained and the surface of which has a value for other purposes may be sold as a single estate under the provisions of chapter 3, title 58, Idaho Code, relating to the sale of state lands, when the state land is identified as having the potential highest and best use for development purposes, such as residential, commercial or industrial purposes.

(2)  For lands in which the surface estate previously has been sold with a reservation of the mineral estate, for which there is no lease of such mineral estate to any person other than the owner of the surface estate, and for which the potential highest and best use is for development purposes such as residential, commercial or industrial purposes, the mineral estate may be sold for its appraised value under the provisions of chapter 3, title 58, Idaho Code. The purchaser of a mineral estate who is not the owner of the surface estate shall have the same rights and liabilities with regard to the surface estate as identified in section 47-708, Idaho Code.

(3)  In the sale of the surface estate of all other state land, there shall be reserved to the state all mineral deposits and the right of the purchaser shall be subject to the conditions and limitations prescribed by law providing for the state or persons authorized by it to prospect for, mine and remove such deposits and to occupy and use so much of the surface of such land as may be required for all purposes reasonably incident to the mining and removal of such deposits therefrom.

History:

[(47-711) 1923, ch. 96, sec. 13, p. 115; I.C.A., sec. 46-713; am. 2004, ch. 14, sec. 2, p. 11; am. 2004, ch. 271, sec. 1, p. 757.]