2010 Idaho Code
TITLE 58 PUBLIC LANDS
CHAPTER 3 APPRAISEMENT, LEASE, AND SALE OF LANDS
58-310A LEGISLATIVE FINDINGS AND PURPOSES -- LEASES OF SINGLE FAMILY, RECREATIONAL COTTAGE SITES AND HOMESITES NOT SUBJECT TO CONFLICT APPLICATION AND AUCTION PROVISIONS.

TITLE 58

PUBLIC LANDS

CHAPTER 3

APPRAISEMENT, LEASE, AND SALE OF LANDS

58-310A. Legislative findings and purposes -- Leases of single family, recreational cottage sites and homesites not subject to conflict application and auction provisions. (1) The legislature of the state of Idaho finds:

(a) That from time to time single family, recreational cottage site and homesite leases have been the target of conflict applications to lease said premises and property;

(b) That single family, recreational cottage sites and homesites have typically been held by the same family, sometimes for as long as fifty (50) years;

(c) That conflict applications for a lease require the state board of land commissioners to hold an auction between the applicants and award the lease to the highest bidder;

(d) That existing statutes allow the board no discretion in rejecting applications, and only limited discretion in rejecting bids, notably for collusion or similar irregularities in the bidding process;

(e) That, in the case of single family, recreational cottage site and homesite leases, the conflict application and auction procedure have caused considerable consternation and dismay to the existing lessee at the prospect of losing a long-time lease;

(f) That, although conflict applications have been filed from time to time, the board has never held a conflict auction or realized any direct revenue from such applications;

(g) That section 8, article IX, of the constitution of the state of Idaho provides that the board manage state endowment lands in such manner as will secure the maximum long-term financial return to the institution to which granted or to the state if not specifically granted;

(h) That maximum long-term financial returns to the institutions to which granted are best obtained through stable leases at market rent.

(2) It is hereby declared that leases for single family, recreational cottage sites and homesites shall not be subject to the conflict application and auction provisions of sections 58-307 and 58-310, Idaho Code. The board shall reject any and all pending and future conflict applications filed under sections 58-307 and 58-310, Idaho Code, for single family, recreational cottage site and homesite leases.

(3) In the absence of the conflict application and auction procedure in the single family, recreational cottage site and homesite lease, and lease renewal process, the board shall insure that each leased lot generates market rent throughout the duration of the lease.