Idaho Administrative Code
Title IDAPA 20 - Lands, Department of
Rule 20.03.08 - EASEMENTS ON STATE-OWNED LANDS
Section 20.03.08.020 - POLICY
Current through August 31, 2023
01. Easements Required. Easements are required for all rights-of-way of a permanent nature over state-owned land. Easements will not be granted when temporary permits will serve the required purpose or when a lease is appropriate. (3-18-22)
02. Prior Grants. The Director will recognize easements on state endowment lands by grant of the federal government, or subsequent landowners, prior to title vesting with the State or by eminent domain. (3-18-22)
03. Existing Easements. These rules do not apply to any use, facility or structure described in an existing easement. For amendment of an existing easement, see Section 025. (3-18-22)
04. Director's Discretion. The Director may grant an easement over state-owned land for any legitimate public or private purpose upon payment of appropriate compensation. (3-18-22)
05. Reciprocal Easements. The Director may seek reciprocal easements for access to state-owned lands from applicants for easements over state-owned lands. The value of the easement acquired by the state may be applied towards the cost of the easement acquired from the state. (3-18-22)
06. Interest Granted. An easement grants only such interest to the grantee as is specified in the instrument, including the right to use the property for the specified purpose without interference by the grantor. The right to use the property for all other purposes not inconsistent with the grantee's interest remains with the grantor. (3-18-22)
07. Limit of Director's Discretion. The Director may grant and renew easements in all cases except when the compensation will exceed twenty-five thousand dollars ($25,000) exclusive of the value of timber and payment for any damage or impairment of rights to the remainder of the property. (3-18-22)
08. Width of Easement. The width of any easement granted may not be less than eight (8) feet. (3-18-22)
09. Recordation. The Department will record the easement, or easement release, with the appropriate county recorder's office. (3-18-22)
10. Term Easement. The Director may grant an easement that is issued for a specific time period of ten (10) to fifty-five (55) years. (3-18-22)
