Idaho Administrative Code
Title IDAPA 20 - Lands, Department of
Rule 20.03.08 - EASEMENTS ON STATE-OWNED LANDS
Section 20.03.08.041 - ABANDONMENT, RELINQUISHMENT, AND TERMINATION
Current through August 31, 2023
01. Section 58-603, Idaho Code. The provisions of Idaho Code Section 58-603 apply to all easements over state-owned lands. (3-18-22)
02. Non-Use. An easement not used for the purpose for which it was granted, for five (5) consecutive years, is presumed abandoned and automatically terminates. The Director will notify the grantee in writing of the termination. The grantee has thirty (30) days from the date of notification to reply in writing to the Director to show cause why the easement should be reinstated. Within sixty (60) days of receipt of the statement to show cause, the Director will notify the grantee in writing as to the Director's decision concerning reinstatement. The grantee has thirty (30) days of receipt of the Director's decision to appeal an adverse decision to the Board. (3-18-22)
03. Removal of Improvements. Upon termination, the grantee has twelve (12) months from the date of final notice to remove any facilities and improvements. (3-18-22)
04. Voluntary Relinquishment. The grantee may voluntarily relinquish the easement at any time by completing an easement relinquishment form. The Department will pay the grantee one dollar ($1) for the relinquishment. (3-18-22)
