Idaho Administrative Code
Title IDAPA 20 - Lands, Department of
Rule 20.03.08 - EASEMENTS ON STATE-OWNED LANDS
Section 20.03.08.021 - FEES AND COMPENSATION
Current through August 31, 2023
01. Application Fee. The application fee for new, renewed, or amended easements is one hundred dollars ($100) and is collected from all applicants. This application fee is in addition to the easement compensation and appraisal costs, and is non-refundable unless the Director determines that the land applied for is not under the jurisdiction of the Board. (3-18-22)
02. Easement Fee. The compensation for permanent easements over state-owned lands covered by these rules is as follows:
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COMPENSATION |
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Highways, roads, railroads, reservoirs, trails, canals, ditches, or any other improvements that require long term, exclusive or near exclusive use and occupation of the right of way |
Up to 100% of land value plus payment for any damage or impairment of rights to the remainder of the property as determined by the Director and supported by specific data such as an appraisal |
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Overhead transmission and power lines |
Up to 100% of land value depending on the exclusivity of use as determined by the Director and supported by specific data such as an appraisal plus payment for any damage or impairment of rights to the remainder of the property as determined by the Director and supported by data such as an appraisal |
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Buried installations - cables, pipelines, sewerlines, waterlines |
Up to 100% of land value, depending on the exclusivity use as determined by the Director and supported by specific data such as an appraisal plus payment for any damage or impairment of rights to the remainder of the property, as determined by the Director and supported by specific data such as an appraisal |
(3-18-22)
03. Appraisal Required. An appraisal of an easement may be required where, in the opinion of the Director, the easement value will exceed the minimum compensation fee of five hundred dollars ($500). (3-18-22)
04. Performance of Appraisal. The appraisal of the easement will normally be performed by qualified department staff. If so desired by the applicant, and agreed to by the Director, the applicant may provide the appraisal that is acceptable to and meets the specifications set by the Director. (3-18-22)
05. Appraisal Costs. Where the appraisal is performed by department staff, the appraisal is two hundred fifty dollars ($250) for a market analysis, five hundred dollars ($500) for a short form appraisal, and one thousand dollars ($1,000) for appraisals of easements requiring Board approval. The appraisal cost is in addition to those costs outlined in Subsections 021.01 and 021.02. In no case will an applicant be charged more than one thousand dollars ($1000) for an appraisal of an easement conducted by departmental staff. (3-18-22)
06. Term Easements. Compensation for term easements will be established by appraisal. (3-18-22)
07. Minimum Compensation. The minimum compensation for any easement is five hundred dollars ($500), not including the application fee and appraisal costs. (3-18-22)
