Idaho Administrative Code
Title IDAPA 20 - Lands, Department of
Rule 20.03.17 - RULES GOVERNING LEASES ON STATE-OWNED NAVIGABLE WATERWAYS
Section 20.03.17.060 - CANCELLATION AND ADDITIONAL REMEDIES

Universal Citation: ID Admin Code 20.03.17.060

Current through August 31, 2023

01. Cancellation of Lease for Violation of Terms. Any violation of the lease by the lessee, including non-payment of rent or any violation by lessee of any rule now in force or hereafter adopted by the Board may subject the lease to cancellation. The Department will provide the lessee with written notification specifying the violation, corrective action necessary, and a reasonable time to make the correction. If the corrective action is not taken within the specified time, the Department will notify the lessee of cancellation of the lease no later than thirty (30) days prior to the cancellation's effective date. (3-30-23)

02. Lease Reinstatement. A lease may be reinstated within ninety. (90) days after cancellation for non payment by paying the rental, plus interest, and a reinstatement fee to be determined by the Board. (3-30-23)

03. Cancellation of Lease for Use Other Than Intended Purpose. A lease not used for the purpose for which it was granted may be canceled. The Department will notify the lessee in writing of any proposed cancellation. The lessee has thirty (30) days to reply in writing to the Department to show cause why the lease should not be canceled. Within sixty (60) days, the Department will notify the lessee of the Department's decision in writing. The lessee has thirty (30) days to appeal an adverse decision to the Director. (3-30-23)

04. Removal of Improvements Upon Cancellation. Upon cancellation, the Director will provide the lessee with a specific amount of time, not to exceed six (6) months from the date of final notice, to remove any facilities and improvements. Failure to remove any facilities or structures within such time period established by the Director will be deemed a trespass on navigable waterways. (3-30-23)

05. Additional Remedies Available. In addition to termination of the lease for the material default of the lessee, the lease may provide for other remedies to non-monetary breach of the lease including, but not limited to: (3-30-23)

a. Civil penalties as determined by the Board and to be collected as additional rent; (3-30-23)

b. The reasonable costs of remedial action undertaken by the Department as a result of the lessee's failure to perform a requirement of the lease. These costs will be collected as additional rent; and (3-30-23)

c. Such other remedies as the Board deems appropriate. (3-30-23)

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