2005 Idaho Code - 58-308 — IMPROVEMENTS -- FILING OF RECEIPT FOR PAYMENT -- MISTAKE AND FRAUD

                                  TITLE  58
                                 PUBLIC LANDS
                                  CHAPTER 3
                           APPRAISEMENT, LEASE, AND
                                SALE OF LANDS
    58-308.  IMPROVEMENTS -- FILING OF RECEIPT FOR PAYMENT -- MISTAKE AND
FRAUD. Should anyone apply to lease any of the lands belonging to the state
upon which there are improvements belonging to another party, before the lease
shall issue, he shall file in the office of the state board of land
commissioners a receipt showing that the price of said improvements, as agreed
upon by the parties, or fixed by the state board, has been paid to the owner
thereof in full, or shall make satisfactory proof that he has tendered to such
owner the price of said improvements, so agreed upon, or fixed by the board.
If, by any mistake or error, any money has been, or shall hereafter be, paid
on account of any sale or lease of state lands, or if any land or timber shall
have been, or shall hereafter be sold by the state, or lease executed, which
land or timber shall have been, or shall hereafter be, by a court or tribunal
of competent jurisdiction, adjudged to belong to another than the state of
Idaho, at the date of such sale or the execution of such lease, a claim shall
be presented to the state board of examiners, and, if authorized by them, the
state controller shall draw a warrant in favor of the party paying said money,
and the state treasurer shall pay the same out of the fund into which such
money was deposited or placed. If through any fraud, deceit or
misrepresentation, any party or parties shall procure the issuing of any lease
for state lands the board shall have the authority to cancel such lease.