TITLE 31

COUNTIES AND COUNTY LAW

CHAPTER 8

POWERS AND DUTIES OF BOARD OF COMMISSIONERS

31-836.  Lease of county property. Except as otherwise provided by law, the board of county commissioners may lease any property belonging to the county:

(1)  Without public auction for a term not exceeding five (5) years at such rental as may be determined upon by the unanimous vote of such board, or at public auction to the highest bidder for a term not exceeding thirty (30) years. Rents shall be paid annually in advance provided, however, that the provision requiring the payment of rent in advance shall not apply to a lease to the federal or state government, a municipal corporation of this state, or any governmental agency or department.

(2)  Any hospital or hospital grounds or portions thereof to be used in conjunction with hospital operations or hospital equipment belonging to the county may be leased by the board without public auction for a term not exceeding thirty-five (35) years; or any property suitable for a shelter intended to house victims of sexual or domestic violence which property belonging to the county may be leased by the board without public auction to any nonprofit corporation or association organized for the purpose of erecting and maintaining a shelter to house victims of sexual or domestic violence for a term not exceeding twenty (20) years; and, provided further, that the county, either as lessor or lessee, may enter into any lease or other transaction concerning any property with the Idaho health facilities authority for any term not to exceed ninety-nine (99) years.

(3)  Any property belonging to the county may be leased by the board without public auction for a term not to exceed thirty (30) years, to be used for an industrial park in conjunction with economic development purposes. An industrial park for purposes of this section means facilities for manufacturing, processing, production, assembly warehousing or activities associated therewith.

(4)  Without public auction the board of county commissioners may lease any property belonging to the county and not necessary for its use to the state of Idaho or any political subdivision thereof for any public purpose, to any nonprofit corporation or association organized for the purpose of erecting and maintaining thereon any play field, recreation park or stadium to serve as a memorial to the living or deceased soldiers, sailors and marines of an armed conflict entered into by the United States, or to any hospital district organized under chapter 13, title 39, Idaho Code, for use in furthering the purposes of said district or to any nonprofit corporation or association organized for the purpose of erecting and maintaining an animal shelter. Such lease may be for any term not to exceed ninety-nine (99) years, may provide for only a nominal rental to the county and shall, by its provisions, terminate when the property so leased ceases to be used for any public purpose, as an animal shelter, as a play field, recreation park or stadium serving as a memorial, or by the hospital district for its purposes. Nothing in this subsection shall prohibit the naming or title sponsorship of any play field, recreation park or stadium erected and maintained as a memorial as provided in this subsection as long as the play field, recreation park or stadium continues to serve as such memorial.

History:

[(31-836) C.S., sec. 3423a, as added by 1927, ch. 159, sec. 2, p. 212; I.C.A., sec. 30-714; am. 1933, ch. 200, sec. 1, p. 393; am. 1937, ch. 123, sec. 1, p. 184; am. 1939, ch. 26, sec. 1, p. 56; am. 1947, ch. 190, sec. 1, p. 459; am. 1959, ch. 49, sec. 1, p. 104; am. 1961, ch. 103, sec. 1, p. 152; am. 1967, ch. 24, sec. 1, p. 41; am. 1977, ch. 60, sec. 2, p. 116; am. 1988, ch. 310, sec. 1, p. 966; am. 1989, ch. 115, sec. 1, p. 260; am. 1994, ch. 158, sec. 1, p. 358; am. 1995, ch. 156, sec. 1, p. 634; am. 2000, ch. 128, sec. 1, p. 303; am. 2014, ch. 117, sec. 1, p. 333.]