58-335A. OTHER LANDS EXEMPT FROM ACT. The provisions of sections 58-331 through 58-335, Idaho Code, shall not apply to surplus real properties of the Idaho transportation department, with the exclusion of office and maintenance yard sites. The Idaho transportation board shall promulgate rules to govern the sale of surplus real properties under this section, provided that in no case shall a property be sold or exchanged for a value less than that established through the appraisal process; and provided further that surplus real property may be offered for sale or exchange to any tax-supported agency or political subdivision of the state of Idaho, other than the state of Idaho or its agencies, in whose jurisdiction the property is located, at a negotiated price not to exceed the appraised value. Such surplus property sold or exchanged for less than the appraised value must be used in perpetuity exclusively for a public purpose which shall be stated in the deed of transfer. If the stated use shall cease, the property shall revert to the ownership of the Idaho transportation department.
For the purpose of acquiring highway rights-of-way, the Idaho transportation board is authorized to exchange surplus real property of the department for other parcels of real property. In exchanging real properties, the board shall cause both parcels of real property to be appraised, and either the owner or the department shall pay to the other the difference in value.
Before the department disposes of surplus property at public sale, the department shall first notify any person who owns real property which is contiguous with the surplus property of the department that he has first option to purchase the surplus property for an amount not less than the appraised value. If more than one (1) adjoining owner wants to purchase the property, a private auction shall be held for such parties. If no owner of adjoining property exercises his option to buy, the department may proceed to public sale.
History:
[58-335A, added 1986, ch. 129, sec. 1, p. 336; am. 1992, ch. 219, sec. 1, p. 657; am. 1996, ch. 209, sec. 1, p. 679; am. 2005, ch. 100, sec. 1, p. 319; am. 2008, ch. 382, sec. 1, p. 1053.]
Structure Idaho Code
Chapter 3 - APPRAISEMENT, LEASE, AND SALE OF LANDS
Section 58-301 - APPRAISEMENT — FEE — REAPPRAISEMENT — APPROPRIATION FOR APPRAISEMENT.
Section 58-302 - GRAZING MANAGEMENT PLANS.
Section 58-304A - FORFEITURE OF COTTAGE SITE LEASES — NEW LEASES — COLLECTIONS — DISPOSITION.
Section 58-306 - NOTICE OF LIEN FOR RENT.
Section 58-307 - TERM OF LEASE — APPLICATION FOR RENEWAL — ALLOWANCE FOR IMPROVEMENTS.
Section 58-308 - IMPROVEMENTS — FILING OF RECEIPT FOR PAYMENT — MISTAKE AND FRAUD.
Section 58-309 - BOND OF LESSEE — PENALTY.
Section 58-310 - TWO OR MORE APPLICANTS FOR SAME LAND — AUCTION OF LEASE.
Section 58-311 - LEASES OF MINERAL SPRINGS.
Section 58-312 - OCCUPATION OF LAND WITHOUT LEASE — PENALTY — SUIT FOR CIVIL DAMAGES.
Section 58-313 - SALE OF STATE LAND.
Section 58-314 - PLACE AND TERMS OF SALE — CASH SALES — NOXIOUS WEED DISTRICTS.
Section 58-317 - SALES OF LESS THAN LEGAL SUBDIVISIONS.
Section 58-318 - SUPPLYING LOST CERTIFICATES.
Section 58-319 - LAND BOARD TO DETERMINE VALIDITY OF CLAIMS.
Section 58-320 - LANDS EXEMPT FROM TAXATION.
Section 58-321 - REBATES OF UNEARNED INTEREST ON CERTIFICATES OF SALE.
Section 58-322 - REBATES OF ERRONEOUS PAYMENTS OF PRINCIPAL OR INTEREST.
Section 58-323 - UNEARNED INTEREST — CERTIFICATE OF REBATE — ALLOWANCE AND PAYMENT.
Section 58-331 - DESIGNATION OF SURPLUS REAL PROPERTY.
Section 58-332 - DISPOSAL OF SURPLUS REAL PROPERTY.
Section 58-333 - DISPOSITION OF PROCEEDS OF SALE.
Section 58-334 - COSTS OF SALE AND TRANSFER.
Section 58-335 - LANDS EXEMPT FROM ACT.
Section 58-335A - OTHER LANDS EXEMPT FROM ACT.
Section 58-335B - GOVERNOR’S HOUSING COMMITTEE LANDS EXEMPT FROM ACT.
Section 58-336 - STATE LANDS — ASSESSMENT FOR LOCAL BENEFITS.