Idaho Term Easement (3-ID-e)
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
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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