Idaho Term Easement (3-ID-e)
The IDL regulates Term Easements pursuant to Idaho Code §§ 58-601–58-604 and Idaho Admin. Code r. 20.03.08.000-20.03.08.047.
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, p. 1.
3-ID-e.3 - Easement Application with Map, Legal Description and Fees
The following items must be included in the application package:
- A signed and dated Easement Application;
- A letter of request that states the purpose of Easement;
- One hard copy and one digital copy of the legal description of the Easement, either a metes and bounds or a centerline description with ties to one and preferably two Public Land Survey System (PLSS) corners;
- One hard copy and one digital copy a map of the proposed Easement in triplicate; and
- $100 non-refundable Easement Application fee if the proposed Easement is across endowment lands.
Endowment lands are "land grants made to the state of Idaho by the Congress of the United States, or real property subsequently acquired through land exchange or purchase, for the sole use and benefit of the public schools and certain other institutions of the state, comprising nine (9) grants altogether." Idaho Admin. Code r. 20.03.08.010(06).
3-ID-e.4 to 3-ID-e.5 - Review Application Materials for Completeness
The IDL reviews 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, p. 1.
3-ID-e.6 – Review Application
The IDL processes 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, p. 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 contacts the developer to collect any amounts due and issue the Easement. If the IDL denies the Easement Application, it notifies the developer of its decision in writing. Idaho Admin. Code r. 20.03.08.046(04).
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 does 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. Idaho Admin. Code r. 20.01.01.104 and Idaho Admin. Code r. 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. Idaho Admin. Code r. 20.01.01.220
The developer must serve its application for hearing on the IDL and all other parties to the matter. Idaho Admin. Code r. 20.01.01.203.
3-ID-e.13 – Serve Notice of Hearing on all Parties
The BLC serves notice of the hearing on the developer, the IDL, and all other parties to the matter. The notice must 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. Idaho Code § 67-5242(1).
3-ID-e.14 to 3-ID-e.15 – Conduct Hearing
The presiding officer conducts a hearing on the IDL's Easement decision. The presiding officer may be one or more members of the BLC or one or more hearing officers appointed by the BLC. Idaho Code § 67-5242(c). All parties are permitted to introduce evidence and produce and cross-examine witnesses. The presiding officer is not bound by the Idaho Rules of Evidence. Idaho Admin. Code r. 20.01.01.558 and Idaho Admin. Code r. 20.01.01.600. If the BLC rules in favor of the developer, the IDL must grant the Easement.
3-ID-e.16 to 3-ID-e.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. Idaho Code § 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. Idaho Code § 67-5272(1).
The developer must file the petition for judicial review within 28 days of the agency action. Idaho Code § 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 R. Civ. P. 27(a)(2).
3-ID-e.19 to 3-ID-e.21 – Conduct Hearing
The District Court hearing is conducted according to the Idaho Rules of Civil Procedure. If the district court rules for the developer, the IDL issues the Easement. If the district court rules against the developer, the project cannot continue.
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- Idaho – Idaho Admin. Code r. 20.01.01.000-20.01.01.860, Rules of Practice and Procedure Before the State Board of Land Commissioners
- Idaho – Idaho Admin. Code r. 20.03.08.000-20.03.08.047
- Idaho – Idaho Code §§ 58-601–58-604, Rights of Way Over State Lands
- Idaho – Idaho Code §§ 67-5201–67-5292, Idaho Administrative Procedure Act
- Idaho – Idaho R. Civ. P. 27(a)(2), Notice and Service