2005 Idaho Code - 58-316 — FORFEITURE OF RIGHTS OF DELINQUENT PURCHASER -- REINSTATEMENT -- DISPOSITION OF PURCHASE MONEY

                                  TITLE  58
                                 PUBLIC LANDS
                                  CHAPTER 3
                           APPRAISEMENT, LEASE, AND
                                SALE OF LANDS
    58-316.  FORFEITURE OF RIGHTS OF DELINQUENT PURCHASER -- REINSTATEMENT --
DISPOSITION OF PURCHASE MONEY. If any purchaser of state land after receiving
a certificate of purchase, as provided in this chapter, shall fail to make any
of the payments stipulated therein, and the same remains unpaid for thirty
(30) days after the time when it should have been paid as specified in such
certificate, the director of the department of lands shall, by certified
letter addressed to such delinquent purchaser at his last known post-office
address, notify such purchaser of such delinquency and of the amount due, and
that unless such amount be paid within sixty (60) days after the date of
mailing such letter and notice, the board will declare all rights of the
purchaser in and to said land forfeited and the certificate and contract
relating thereto annulled.
    After the expiration of said period of sixty (60) days, the state board of
land commissioners shall declare such forfeiture, and shall annul said
contract and certificate. Such action of the board shall be recorded in the
minutes of the proceedings of the board. When such forfeiture shall have been
declared and entered in the minutes, as hereinbefore provided, all rights of
such purchaser in and to said lands shall be and are extinguished and the
state board of land commissioners may sell the land again: provided, that
unless other disposition has meanwhile been made of the land, said state board
of land commissioners may, upon application of the former purchaser, if such
application is made within two (2) years after the certificate has been
canceled, reinstate any such canceled certificate upon compliance by the
purchaser with such conditions as the board may impose. Such conditions to be
imposed by the board shall include the funding of delinquent instalments of
principal and interest accrued to the date of reinstatement, by distributing
the same in annual payments, to commence with the expiration of the original
period covered by the contract of sale, or any extension or extensions
thereof, such deferred payments to draw interest from the date of the
reinstatement of the certificate; but the board may, in its discretion, impose
other conditions, and may, in its discretion, require the payment of such
delinquencies in cash at the time of reinstatement. On reinstatement being
made the board may, in its discretion, give credit to the purchaser, as for
interest paid on his contract, of any amounts which may have been paid by the
purchaser as rent of the land during the period of the cancellation of his
certificate. Any and all reinstatements of certificates of purchase of state
lands heretofore made by the state board of land commissioners are hereby
legalized and validated: provided further, that in case of such default and
declaration of forfeiture except as provided for in this section, all previous
payments made by a purchaser on account of such land shall be forfeited to the
state, and the title and right of possession to such land shall be in the
state as if no sale had ever been made.
    All purchase moneys arising from the sale of state land shall without
delay be paid by the director of the department of lands to the treasurer who
shall receipt for the same, and the same shall be credited by the treasurer to
the land bank fund to which the land sold belonged. All earnings on such money
shall be paid forthwith by the director to the state treasurer and credited by
the treasurer to the land bank fund to which the land belonged: provided, that
moneys arising from the sale of state land and earnings on those moneys shall
be managed by the state board of land commissioners pursuant to section
58-133, Idaho Code; and provided further, that upon the application of any
such owner of a certificate of purchase of state land, filed with the director
before the expiration of the sixty (60) days limited in said notice, showing
by affidavit, or otherwise, that he is unable to pay the amount then due, or
that it would work great hardship upon him to be required to make such payment
at that time, and stating that he believes he will be unable to make such
payment on or before November first of the current year, the state board of
land commissioners may extend the time of payment of the amount then due to
November first succeeding: provided, that in case of such extension the
purchaser shall pay interest on the amount due from January first of the
current year to the date of payment at the rate per annum, set by the state
board of land commissioners, such interest to be part of the amount payable.
Provided, the state board of land commissioners may, in its sole discretion,
enter into a supplemental agreement with any owner and holder of a sale
certificate on state land, by the terms of which all delinquent payments of
principal and interest due on such certificate may be deferred beyond the end
of the term of such certificate, or any prior extension thereof, a number of
years equal to the period of such delinquency. The said sum so deferred shall
draw interest the same as if it were originally a part of the purchase price
named in the sale certificate from the date of the supplemental certificate
herein referred to until paid. The forms, terms and conditions of such
supplemental agreement, and the form of the application therefor, shall be as
prescribed by the board. Any such supplemental agreement as herein provided,
and any agreement reinstating a canceled certificate, as herein provided,
shall be deemed a part of the original sale certificate.