58-1309. RESTORATION — MITIGATION OF DAMAGES. Any person legally found to be wrongfully encroaching on, in or above the beds or waters of a navigable lake shall, in lieu of or in addition to penalties provided herein, be directed by the court to restore the lake to as near its condition immediately prior to the unauthorized encroachment as possible or to effect such other measures as recommended by the board and ordered by the court toward mitigation of any damage caused by or resulting from such unlawful encroachment.
History:
[(58-1309) I.C., sec. 58-150, as added by 1974, ch. 243, sec. 9, p. 1608; 1990, redesignated, ch. 362, sec. 9, p. 985.]
Structure Idaho Code
Chapter 13 - NAVIGATIONAL ENCROACHMENTS
Section 58-1301 - ENCROACHMENT ON NAVIGABLE LAKES — LEGISLATIVE INTENT.
Section 58-1302 - ENCROACHMENT ON NAVIGABLE LAKES — DEFINITIONS.
Section 58-1303 - ENCROACHMENT ON NAVIGABLE LAKES — POWERS OF STATE LAND BOARD.
Section 58-1304 - ENCROACHMENT ON NAVIGABLE LAKES — RULES AND REGULATIONS.
Section 58-1305 - NONCOMMERCIAL NAVIGATIONAL ENCROACHMENTS — PROCEDURES — REPAIRS — FORMS.
Section 58-1307 - FEES FOR SPECIFIED PERMITS — COSTS OF PUBLICATION.
Section 58-1308 - PENALTY FOR VIOLATION — INJUNCTIVE RELIEF.
Section 58-1309 - RESTORATION — MITIGATION OF DAMAGES.
Section 58-1310 - EXISTING RIGHTS UNAFFECTED.
Section 58-1311 - DISCLAIMER OF STATE PROPERTY RIGHTS IN PRIVATE LANDS.