Comments on: Former Legislator Questions Land Board Action

By: chicago sam

chicago sam — Sat, 16 Nov 2013 03:10:18 +0000

Clancy — The key words are lands for lands–not lands for real estate or buildings upon lands . Over time lands could be expected to appreciate while buildings have a finite life and would depreciate

By: Clancy

Clancy — Fri, 15 Nov 2013 19:07:33 +0000

Richard, That exchange process is authorized via the State Constitution (Article 9, Section 8): “The legislature shall have power to authorize the state board of land commissioners to exchange granted or acquired lands of the state on an equal value basis for other lands under agreement with the United States, local units of government, corporations, companies, individuals, or combinations thereof.”

By: Richard Evensen

Richard Evensen — Fri, 15 Nov 2013 13:10:11 +0000

Clancy- It is obvious that a group a renters is trying to avoid the auction process. The “process” is the IDL acting improperly to let the renters achieve ownership through a closed process. That is simply wrong, period. The problem remains that current lot renters feel they are a priviledged group with special rights to our land. No matter how much they want that to be so, it is not.

By: Grumpy ole guy

Grumpy ole guy — Fri, 15 Nov 2013 04:25:42 +0000

It confuses me as to how the appraisals are to be made, and by whom. County Assessors,the State Land Board, or State Parks? To what comprable properties are these lots compared? Each other or private property which is within the same county? Or, some other status?

By: Clancy

Clancy — Thu, 14 Nov 2013 21:46:49 +0000

Mr.Evensen- Here is process as proposed by the IDL for the swaps. It looks like the lease holders were just following the proposed process.
http://www.idl.idaho.gov/am/cottage-site-plan/CS_Roles-in-land-excahnge.pdf

Mr. Forrey- The state did publish qualifications for appraisers. Section XII covers it. http://www.idl.idaho.gov/am/cottage-site-plan/CS-appraisal-instructions.pdf

The extensions may be legal without an auction. They were for a period of 1 year and may be allowed under the misc. section in the Cottage Lease Contracts. A renewal of the an expired lease would of needed a conflict auction per Wasden v. Landboard.

Here a good difference between the renewal vs. extension.
“Most people, including judges and some real estate professionals, confuse lease extension with lease renewal. From a technical perspective, the parties have to sign a brand-new lease in order to renew a lease. A lease extension is extending the term, which implies on the terms and conditions of the existing lease. A lease can be extended by a brief instrument which recites the new term and any changed term, which usually is the rent payable in the extended term.”

I thought the process was odd in that the swaps were to be conducted prior to the auctions. At least they would of had hard sales date(market value) of these properties.

By: Richard Evensen

Richard Evensen — Thu, 14 Nov 2013 19:15:05 +0000

Thank you Mr Forrey.
The failure to hold an auction and the attempted swap of lease land for commercial property are gross violations.
It is obvious that current lease holders got together and criminally conspired to obtain an option on property, and then proposed to swap it for the state property they are currently leasing. Dirty deeds indeed.