HomeMy Public PortalAbout1950.01.10 State of Idaho Easement 917 clarification on expiration of easementJanuary 10, 1950
::r. Edward Woozley
State Land Commissioner
Land Department
:state Capitol Building
Boise, Idaho
Re: Easement # 917 to Village of McCall for Airport Purposes
Dear '.fir. ":oozley:
In reading the above easement granted by the State to the Village of
".cCal.l, I notice that the easement fails to contain any statement as
to its length of time, that is, it states nothing as to an expiration
date. The easement also £,Nils to *sake any explanation as to the
authority of the Village to erect structures upon the land.
It is possible that this is shy error in not making the request more
definate, as I notice that the easement is ver—batam with my request,
However, I had been informed by the Board of Trustees, when this mat—
ter came up, that one of them had talked to you personally about this
and the additional information would be incorporated in the lease.
I am interested to }mow if an amenied easement can be granted. If so,
please advise and I shall give you the additional. information.
Thanking you, I remain
Very truly yours,
CBM:bb
C. A. ROBINS
GOVERNOR AND PRESIDENT
•
J. D. "CY" PRICE
SECRETARY OF STATE
ROBERT SMYLIE
ATTORNEY GENERAL
N. P. NIELSON
STATE AUDITOR
ALTON B. JONES
SUPT. OF PUBLIC INSTRUCTION
C. Ben Martin
Attorney -At -Law
Cascade, Idaho
STATE OF IDAHO
LAND DEPARTMENT
Re: Easement # 917
Dear Mr. Martin:
EDWARD WOOZLEY, COMMISSIONER
BOISE, IDAHO
January 14, 1950
None of our easements set a time limit, but in compliance with Section
68-603, we would feel that if the lands so granted were not used for
the purpose specified in the easement for a period of five years after
being granted or, after being used, if the land were abandoned for a
period of five years, it would again revert to the State. The implied
meaning of this section in our opinion is that as long as the lands so
granted are used for the purpose as set forth in the easement, there
would be perpetual right for such use.
It has also been our policy to not specify what structures may be built
upon lands under the easement in as much as it is rather difficult to
contemplate just what such structures will be very far in advance. In
this instance we would consider that any structures needed for airport
purposes would be permissible and that ,you would have authority to remove
any and all buildings which you may construct during the period of the
easement before the lard reverted to the State.
If this were a lease, we would probably wish to be more specific because
it wou d be subject to sale or to competitive bidding at the expiration
of the lease, but under the easement, even if the land were sold, the
easement must be respected. With this explanation, we feel that the
present easement will serve your purpose. However, if it does not, I
am sure there would be no objection to drawing up another and having it
signed with the special clauses you request, but it possibly would
necessitate further board action.
Y•tirs =- trul
EDWARD W00ZLEY
State Land Comm' sione r
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