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{{RRSection
 
{{RRSection
 
|Name=Term Easement
 
|Name=Term Easement
|Flowchart=File:03IDGTermEasement.pdf
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|Flowchart=File:03-ID-e - Term Easement.pdf
 
|Technology=Bulk Transmission, Geothermal
 
|Technology=Bulk Transmission, Geothermal
|PermitOverview=The [[Idaho Department of Lands]] (IDL) requires a Term Easement for access across state lands and for right of ways across state lands.  Note, an easement is not required for lands covered under a Geothermal Lease.
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|PermitOverview=The [[Idaho Department of Lands]] (IDL) requires a Term Easement for access across state lands. Developers seeking to site transmission lines across state lands must obtain a Term EasementTerm Easements are regulated under [[Idaho - Idaho Code 58-603 - Rights of Way Over State lands | Idaho Code 58-603]] and [[Idaho - IDAPA 20.03.08 - Easements on State-Owned Lands | IDAPA 20.03.08]].
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|Description===3-ID-e.1 to 3-ID-e.2 - Contact IDL Supervisory Area Office==
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The developer must first contact the appropriate [[Idaho Department of Lands|Idaho Department of Lands]] Supervisory Area Office (IDL) prior to submitting an easement application.  The IDL will determine if the requested easement will be allowed based on the need, location and amount of state land that will be encumbered and the costs involved.  See [[Idaho - Idaho Dept. of Lands - Application for Easement | Easement Application Instructions Page 1]].
  
Term Easements are regulated under [[Idaho - Idaho Code 58-603 - Rights of Way Over State lands | Idaho Code 58-603]] and [[Idaho - IDAPA 20.03.08 - Easements on State-Owned Lands | IDPA 20.03.08]].
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==3-ID-e.3 - Easement Application with Map, Legal Description and Fees==
|Description===3-ID-e.1 - Contact IDL Supervisory Area Office==
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If the IDL determines that the easement will be allowed, the developer must complete an [[Idaho - Idaho Dept. of Lands - Application for Easement | Easement Application]] and submit it, with attachments and fees, to the IDL.. [[Idaho - IDAPA 20.03.08 - Easements on State-Owned Lands | IDAPA 20.03.08.046.01]].
Before an easement application will be accepted, the developer must first contact the appropriate [[Idaho Department of Lands|IDL]] Supervisory Area Office.  The supervisory office will determine if the requested easement is viable.  An easement application must then be completed and submitted to the IDL Supervisory Area Office.  
 
 
 
See [http://www.idl.idaho.gov/bureau/RealEstate/index_re.htm#easements Easement webpage].
 
 
 
==3-ID-e.2 - Easement Application==
 
An [[Idaho - Idaho Dept. of Lands - Application for Easement | Easement Application]] must be completed by the developer.
 
  
 
The following items must be included in the application package:
 
The following items must be included in the application package:
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* A map and one copy of the above legal description - paper;
 
* A map and one copy of the above legal description - paper;
 
* A map and one copy of the above legal description - digital; and
 
* A map and one copy of the above legal description - digital; and
* $100 non-refundable easement application fee (Endowment Land Only - Not Submerged Land)
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* $100 non-refundable easement application fee (Endowment Land Only - Not Submerged Land)[[Idaho - IDAPA 20.03.08 - Easements on State-Owned Lands | IDAPA 20.03.08.046.01]].
  
 
For easements across endowment land, the minimum consideration is $500.
 
For easements across endowment land, the minimum consideration is $500.
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For easements across submerged lands, the cost is a one-time administrative fee of $300.
 
For easements across submerged lands, the cost is a one-time administrative fee of $300.
  
==3-ID-e.3 - Review Application Materials==
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==3-ID-e.4 to 3-ID-e.5 - Review Application Materials for Completeness==
IDL reviews the application materials to determine whether the easement is in the best interest of the state. Additional information may be required depending on the complexity of the easement.   
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The IDL will review the easement application materials for completeness.  If the IDL determines the easement application package is incomplete, it will send the easement application package back to the developer. See [[Idaho - Idaho Dept. of Lands - Application for Easement | Easement Application Instructions Page 1]]. .
 
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==3-ID-e.6 – Review Application==
 
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The IDL will process the easement application package once it is complete. The IDL review of the completed application package will take a minimum of 120 days. See [[Idaho - Idaho Dept. of Lands - Application for Easement | Easement Application Instructions Page 1]].
==3-ID-e.4 - Term Easement==
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==3-ID-e.7 to 3-ID-e.9 – Does the IDL Approve the Easement Application?==
IDL will notify the developer whether or not the easement is granted.  The developer is required to comply with all restrictions in the Term Easement.
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If the IDL approves the developer’s easement application it will contact the developer to collect any amounts due and issue the easement.  If the IDL denies the easement application it will notify the developer of its decision in writing. [[Idaho - IDAPA 20.03.08 - Easements on State-Owned Lands | IDAPA 20.03.08.046]].
|Contacts=Idaho Department of Lands;
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==3-ID-e.10 to 3-ID-e.12 – Does the Developer Request a Hearing before the BLC?==
|References=[[Idaho - Idaho Dept. of Lands - Application for Easement | Easement Application]];[http://www.idl.idaho.gov/bureau/RealEstate/index_re.htm#easements Easement webpage]
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If the IDL denies the developer’s easement application, it will not grant the easement and the project cannot continue unless the developer requests a hearing before the Idaho State Board of Land Commissioners (BLC).  The IDL denial of the developer’s easement application constitutes a “contested case” which entitles the developer to such a hearing.  The developer must file an application for a hearing within 30 days after receipt of the written notice of the IDL’s decision. [[IDAPA 20.01.01 Rules of Practice and Procedure Before the State Board of Land Commissioners | IDAPA 20.01.01.104]] and [[Idaho - IDAPA 20.03.08 - Easements on State-Owned Lands | IDAPA 20.03.08.003]]. 
|Regulations=[[Idaho - IDAPA 20.03.08 - Easements on State-Owned Lands | IDPA 20.03.08]];[[Idaho - Idaho Code 58-603 - Rights of Way Over State lands | Idaho Code 58-603]]
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The application for a hearing must:
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*Fully state the facts on which it is based;
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*Refer to the particular provisions of statute, rule, order or other controlling law on which it is based; and
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* State the right, license, award, or authority sought. [[IDAPA 20.01.01 Rules of Practice and Procedure Before the State Board of Land Commissioners | IDAPA 20.01.01.220]]
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The developer must serve its application for hearing on the IDL and all other parties to the matter. [[IDAPA 20.01.01 Rules of Practice and Procedure Before the State Board of Land Commissioners | IDAPA 20.01.01.203]].
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==3-ID-e.13 – Serve Notice of Hearing on all Parties==
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The BLC will serve notice of the hearing on the developer, the IDL and all other parties to the matterThe notice will include:
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*A statement of the time, place and nature of the hearing;
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*A statement of the legal authority under which the hearing is to be held; and
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*A short and plain statement of the matters asserted or the issues involved. [[I.C. 67-52 - Idaho Administrative Procedure Act | IC 67-5242(1)]].
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==3-ID-e.14 to 3-ID-e.15 – Conduct Hearing==
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The hearing will be presided over by one or more members of the BLC, or one or more hearing officers appointed by the BLC (hereinafter the “presiding officer”). [[I.C. 67-52 - Idaho Administrative Procedure Act | IC 67-5242(c)(2)]].  All parties will be permitted to introduce evidence and produce and cross-examine witnesses.  The presiding officer is not bound by the Idaho Rules of Evidence. [[IDAPA 20.01.01 Rules of Practice and Procedure Before the State Board of Land Commissioners | IDAPA 20.01.01.558]] and [[IDAPA 20.01.01 Rules of Practice and Procedure Before the State Board of Land Commissioners | IDAPA 20.01.01.600]].  If the BLC rules in favor of the developer, the IDL must grant the easement. 
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==8-ID-a.16 to 8-ID-a.18 – Does the Developer Seek Judicial Review?==
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Denial of an easement application upon hearing before the BLC is a final agency action that entitles the developer to judicial review of the matter.  [[I.C. 67-52 - Idaho Administrative Procedure Act | IC 67-5270(3)]].  The developer must file the petition for judicial review in the district court of the county in which:
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*The hearing was held; or
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*The final agency action was taken; or
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*The aggrieved party resides or operates its principal place of business in Idaho; or
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*The real property or personal property that was the subject of the agency decision is located.  [[I.C. 67-52 - Idaho Administrative Procedure Act | IC 67-5272(1)]].
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The developer must file the petition for judicial review within 28 days of the agency action. [[I.C. 67-52 - Idaho Administrative Procedure Act | IC 67-5273(3)]].  In addition, the developer must serve notice of the hearing upon all persons named in the petition as adverse parties at least 20 days before the hearing. [[Idaho Rules of Civil Procedure | I.R.C.P. 27(a)(2)]]. 
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==3-ID-e.19 to 3-ID-e.21 – Conduct Hearing==
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The District Court hearing will be conducted according to the [[Idaho Rules of Civil Procedure]]. If the district court rules for the developer, the IDL will issue the easement. If the district court rules against the developer, the project cannot continue.
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|Agency=Idaho Department of Lands;
 +
|References=[[Idaho - Idaho Dept. of Lands - Application for Easement | Easement Application]]
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|Regulations=[[IDAPA 20.01.01 Rules of Practice and Procedure Before the State Board of Land Commissioners | IDAPA 20.01.01 - Rules of Practice and Procedure Before the State Board of Land Commissioners]];
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[[Idaho - IDAPA 20.03.08 - Easements on State-Owned Lands]];
 +
[[Idaho - Idaho Code 58-603 - Rights of Way Over State lands | Idaho Code 58-603 - Rights-of-Way Over State Lands]];
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[[I.C. 67-52 - Idaho Administrative Procedure Act | IC 67-52 - Idaho Administrative Procedure Act]];
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[[Idaho Rules of Civil Procedure | I.R.C.P. 27(a)(2) - Notice and Service]]
 
|ImportPrefix=3-ID-e
 
|ImportPrefix=3-ID-e
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}}
 +
{{RoadmapContact
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|Contact=Idaho Department of Lands: State Land Access Contact
 +
}}
 +
{{RoadmapContact
 +
|Contact=Idaho Department of Lands: State Land Geothermal Leasing and Licensing Contact
 
}}
 
}}

Latest revision as of 16:09, 24 September 2015

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Idaho Term Easement (3-ID-e)

The Idaho Department of Lands (IDL) requires a Term Easement for access across state lands. Developers seeking to site transmission lines across state lands must obtain a Term Easement. Term Easements are regulated under Idaho Code 58-603 and IDAPA 20.03.08.



Term Easement Process

3-ID-e.1 to 3-ID-e.2 - Contact IDL Supervisory Area Office

The developer must first contact the appropriate Idaho Department of Lands Supervisory Area Office (IDL) prior to submitting an easement application. The IDL will determine if the requested easement will be allowed based on the need, location and amount of state land that will be encumbered and the costs involved. See Easement Application Instructions Page 1.

3-ID-e.3 - Easement Application with Map, Legal Description and Fees

If the IDL determines that the easement will be allowed, the developer must complete an Easement Application and submit it, with attachments and fees, to the IDL.. IDAPA 20.03.08.046.01.

The following items must be included in the application package:

  • A signed and dated easement application;
  • Purpose of easement;
  • A legal description of the easement - either metes and bounds or a centerline description with ties to one and preferably two Public Land Survey System (PLSS) corners;
  • A map and one copy of the above legal description - paper;
  • A map and one copy of the above legal description - digital; and
  • $100 non-refundable easement application fee (Endowment Land Only - Not Submerged Land) IDAPA 20.03.08.046.01.

For easements across endowment land, the minimum consideration is $500.

For easements across submerged lands, the cost is a one-time administrative fee of $300.

3-ID-e.4 to 3-ID-e.5 - Review Application Materials for Completeness

The IDL will review the easement application materials for completeness. If the IDL determines the easement application package is incomplete, it will send the easement application package back to the developer. See Easement Application Instructions Page 1. .

3-ID-e.6 – Review Application

The IDL will process the easement application package once it is complete. The IDL review of the completed application package will take a minimum of 120 days. See Easement Application Instructions Page 1.

3-ID-e.7 to 3-ID-e.9 – Does the IDL Approve the Easement Application?

If the IDL approves the developer’s easement application it will contact the developer to collect any amounts due and issue the easement. If the IDL denies the easement application it will notify the developer of its decision in writing. IDAPA 20.03.08.046.

3-ID-e.10 to 3-ID-e.12 – Does the Developer Request a Hearing before the BLC?

If the IDL denies the developer’s easement application, it will not grant the easement and the project cannot continue unless the developer requests a hearing before the Idaho State Board of Land Commissioners (BLC). The IDL denial of the developer’s easement application constitutes a “contested case” which entitles the developer to such a hearing. The developer must file an application for a hearing within 30 days after receipt of the written notice of the IDL’s decision. IDAPA 20.01.01.104 and IDAPA 20.03.08.003. The application for a hearing must:

  • Fully state the facts on which it is based;
  • Refer to the particular provisions of statute, rule, order or other controlling law on which it is based; and
  • State the right, license, award, or authority sought. IDAPA 20.01.01.220

The developer must serve its application for hearing on the IDL and all other parties to the matter. IDAPA 20.01.01.203.

3-ID-e.13 – Serve Notice of Hearing on all Parties

The BLC will serve notice of the hearing on the developer, the IDL and all other parties to the matter. The notice will include:

  • A statement of the time, place and nature of the hearing;
  • A statement of the legal authority under which the hearing is to be held; and
  • A short and plain statement of the matters asserted or the issues involved. IC 67-5242(1).

3-ID-e.14 to 3-ID-e.15 – Conduct Hearing

The hearing will be presided over by one or more members of the BLC, or one or more hearing officers appointed by the BLC (hereinafter the “presiding officer”). IC 67-5242(c)(2). All parties will be permitted to introduce evidence and produce and cross-examine witnesses. The presiding officer is not bound by the Idaho Rules of Evidence. IDAPA 20.01.01.558 and IDAPA 20.01.01.600. If the BLC rules in favor of the developer, the IDL must grant the easement.

8-ID-a.16 to 8-ID-a.18 – Does the Developer Seek Judicial Review?

Denial of an easement application upon hearing before the BLC is a final agency action that entitles the developer to judicial review of the matter. IC 67-5270(3). The developer must file the petition for judicial review in the district court of the county in which:

  • The hearing was held; or
  • The final agency action was taken; or
  • The aggrieved party resides or operates its principal place of business in Idaho; or
  • The real property or personal property that was the subject of the agency decision is located. IC 67-5272(1).

The developer must file the petition for judicial review within 28 days of the agency action. IC 67-5273(3). In addition, the developer must serve notice of the hearing upon all persons named in the petition as adverse parties at least 20 days before the hearing. I.R.C.P. 27(a)(2).

3-ID-e.19 to 3-ID-e.21 – Conduct Hearing

The District Court hearing will be conducted according to the Idaho Rules of Civil Procedure. If the district court rules for the developer, the IDL will issue the easement. If the district court rules against the developer, the project cannot continue.


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Contact Information









Edit Idaho Department of Lands
State Land Access Contact 208.525.7167 bbrammer@idlabbazabbaidahoabbazabbagov Visit Website


Edit Idaho Department of Lands
State Land Geothermal Leasing and Licensing Contact 208.334.0279 bpietras@idlabbazabbaidahoabbazabbagov Visit Website