2005 Idaho Code - 43-318 — SALE OF PERSONAL OR REAL PROPERTY -- PROCEDURE -- SALE OF FEDERAL OR STATE LICENSE OR PERMIT

                                  TITLE  43
                             IRRIGATION DISTRICTS
                                  CHAPTER 3
                             POWERS AND DUTIES OF
                              BOARD OF DIRECTORS
    43-318.  SALE OF PERSONAL OR REAL PROPERTY -- PROCEDURE -- SALE OF FEDERAL
OR STATE LICENSE OR PERMIT. (1) Personal or real property of an irrigation
district including a federal or state license or permit may be sold or
transferred by its board of directors whenever the board finds and by
resolution declares that the district no longer has use therefor. This
procedure shall not be applicable to sales of real property acquired in
compliance with the provisions of chapter 7, title 43, Idaho Code, because of
the failure to pay irrigation district assessments.
    1.  If, in the opinion of the board, such property does not exceed two
    thousand dollars ($2,000) in value, it may sell the same without
    independent appraisal, notice or competitive bids.
    2.  Personal or real property, but not including a federal or state
    license or permit, exceeding two thousand dollars ($2,000) in estimated
    value shall first be appraised by three (3) disinterested freeholders of
    the district, who shall be selected by the board. It may then be sold at
    public or private sale to the highest bidder for cash at not less than its
    appraised value, after due notice.
    3.  Notice of sale shall describe the property, the appraised value
    thereof (by separate items, if so appraised), and the time, place and
    condition of sale.
    4.  If the appraised value exceeds two thousand dollars ($2,000), notice
    of sale shall be posted in three (3) public places in each of the election
    precincts in the district (one of which shall be the office of the board)
    at least ten (10) days before the date of sale. The board, in its
    discretion, may order that, in addition to such posting of notice, the
    notice shall be published in a daily or weekly newspaper, published or
    having a general circulation in the district, for the number of times, not
    to exceed three (3), and on the dates that the board shall specify in its
    order.
    5.  If, at the time set for closing the bids, no bidder offers the
    appraised price, or more, the board may sell the property for such price,
    and upon such terms, as the board by resolution declares to be reasonable,
    without further appraisal, notice or competitive bids.
    (2)  Whenever the board, by resolution, shall determine that the interest
of the district in any federal or state license or permit is no longer
required, it may, without independent appraisal or competitive bid, sell or
transfer such federal license or permit upon such terms as may be fixed by the
board; provided, that such resolution sets forth the license or permit to be
sold or transferred and terms and conditions for sale or transfer, and
provided further, that said resolution shall be published in a newspaper
having general circulation in the district at least once a week for four (4)
consecutive weeks preceding the date of sale; provided, however, that if
within fifteen (15) days after the first publication of the resolution a
referendum petition signed by qualified electors of the district equal in
number to not less than ten percent (10%) of the electors of the district,
based upon the aggregate vote cast at the general election of the directors of
the district next preceding the filing of such petition, and at which election
votes were cast in the election of directors, shall be filed with the
secretary of the district requesting that an election be held upon the sale or
transfer of such license or permit. Any election required to be held pursuant
to a referendum petition filed in accordance with the provisions of this
section, may be held separately or may be held concurrently with any other
election authorized by law, pursuant to notice as provided in section 43-206,
Idaho Code.
    Any such election required to be held hereunder shall be called by
resolution, which resolution shall also fix the date upon which such election
shall be held, which shall be not more than forty-five (45) days following the
receipt of petition requesting the election, the manner of holding the same
and the method of voting for or against the sale or transfer. Such resolution
shall also fix the compensation to be paid the officers of the election and
shall designate the precincts and polling places and shall appoint for each
polling place, from each precinct from the electors thereof, the officers of
such election who shall constitute a board of election for each polling place,
which officers shall consist of three (3) judges, one (1) of whom shall act as
clerk. The description of precincts may be made by reference to any order or
orders of the board of county commissioners of the county or counties in which
the district or any part thereof is situated, or by reference to any previous
order or resolution of the board or by detailed description of such precincts.
Precincts established by the boards of the various counties may be
consolidated for special elections held hereunder. In the event any such
election shall be called to be held concurrently with any other election or
shall be consolidated therewith, the resolution calling the election hereunder
need not designate precincts or polling places or the names of officers of
election, but shall contain reference to the act or order calling such other
election and fixing the precincts and polling places and appointing election
officers therefrom. The resolution calling the election shall prescribe an
official notice of election, which notice shall be published once a week for
two (2) consecutive weeks, the last publication of which shall be at least ten
(10) days prior to the date set for said election, in a newspaper of general
circulation printed and published within the district, and no other or further
notice of such election or publication of the names of election officers or of
the precincts or polling places need be given or made. At such election the
ballots shall contain the words "Sale--Yes" or "Sale--No."
    The respective election boards shall conduct the election in their
respective precincts in the manner prescribed by law for the holding of
district elections to the extent the same shall apply and shall make their
returns to the secretary of the district.
    In the event that no referendum petition is filed, or if so filed, and if
it shall appear from the election returns that a majority of the qualified
electors of the district who shall have voted on the proposition submitted
hereunder at such election voted in favor of such proposition, the directors
of the district shall, by resolution, authorize the sale or transfer under the
terms prescribed and effective as of the end of the notice period hereinafter
provided, and shall cause notice thereof to be published one (1) time in a
newspaper of general circulation within the district. For a period of thirty
(30) days from the date of such publication, any person in interest may file
suit in any court of competent jurisdiction to test the regularity, formality
or legality of the proceedings authorizing the sale or transfer and the
provisions of the contract of sale or transfer. After the expiration of such
thirty (30) day period, no one shall have any right of action to contest the
validity of the sale or transfer, or of the contract, or of the proceedings,
or of any resolution of the board of directors regarding such sale or
transfer, and said sale or transfer shall be conclusively presumed to be legal
and no court shall thereafter have authority to inquire into such matter.