Hon. Lawrence G. Wasden v. Idaho State Board of Land Commissioners

249 P.3d 346, 150 Idaho 547
CourtIdaho Supreme Court
DecidedDecember 1, 2010
Docket37528
StatusPublished
Cited by1 cases

This text of 249 P.3d 346 (Hon. Lawrence G. Wasden v. Idaho State Board of Land Commissioners) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hon. Lawrence G. Wasden v. Idaho State Board of Land Commissioners, 249 P.3d 346, 150 Idaho 547 (Idaho 2010).

Opinions

SUBSTITUTE OPINION

THE COURT’S PRIOR OPINION DATED DECEMBER 1, 2010 IS HEREBY WITHDRAWN.

HORTON, Justice.

This matter comes before this Court on a petition for issuance of a writ of prohibition, filed by Attorney General Lawrence Wasden. Wasden seeks a writ of prohibition to stop the Director of the Idaho Department of Lands (IDL) George Bacon from executing new lease agreements on recreational home sites located on Priest Lake and Payette Lake (cottage sites). Wasden argues that the proposed lease agreements (cottage leases) for the cottage sites violate both the Idaho Constitution and I.C. § 58-310A by: (1) failing to secure the maximum long-term [548]*548financial return for the beneficiaries of the Idaho public lands trust; and (2) failing to generate market rent. Respondents have moved to dismiss the petition, arguing that the decision of the Idaho State Board of Land Commissioners (the Land Board) regarding rental rates was not in excess of its discretion and that issuance of a writ of prohibition is inappropriate due to the availability of other remedies. Because we find that there is a plain, speedy and adequate remedy in the ordinary course of law, we do not reach the question of whether the State Board of Land Commissioners (the Board) is attempting to act in excess of its jurisdiction, and dismiss the petition for writ of prohibition.

I. CONSTITUTIONAL AND STATUTORY BACKGROUND

The federal government granted federal lands to the Idaho Territory, later the State of Idaho, through § 4 of the Idaho Admission Bill of 1890, for the purpose of supporting public education. Article IX, section 7 of the Idaho Constitution established the State Board of Land Commissioners, comprised of the governor, superintendent of public instruction, secretary of state, attorney general and state controller. The Board is given “the discretion, control and disposition of the public lands of the state, under such regulations as may be prescribed by law.” Id. Article IX, section 8 of the Idaho Constitution states, inter alia:

It shall be the duty of the state board of land commissioners to provide for the location, protection, sale or rental of all the lands heretofore, or which may hereafter be granted to or acquired by the state by or from the general government, under such regulations as may be prescribed by law, and in such manner as will secure the maximum long-term financial return to the institution to which granted or to the state if not specifically granted____

Idaho Code § 58-304 governs the leasing of state lands, and provides, inter alia, “[t]he state board of land commissioners may lease any portion of the state land at a rental amount fixed and determined by the board.” Idaho Code § 58-310(1) states:

When two (2) or more persons apply to lease the same land, the director of the department of lands, or his agent, shall, at a stated time, and at such place as he may designate, auction off and lease the land to the applicant who will pay the highest premium bid therefore, the annual rental to be established by the state board of land commissioners.

However, the cottage sites were specifically exempted from the conflict auction requirement by I.C. § 58-310A, wherein the legislature determined that the stability gained by continuing to lease the cottage sites to existing long-term lessees was the best means of achieving the maximum long-term financial return to the beneficiaries. Specifically, I.C. § 58-310A provides that “[i]n the absence of the conflict application and auction procedure in the single family, recreational cottage site and homesite lease, and lease renewal process, the board shall insure that each leased lot generates market rent throughout the duration of the lease.”

Idaho Code § 58-101 established the IDL as the executive agency charged with assisting the Board in carrying out its constitutional duty of administering state endowment lands. IDL’s powers and responsibilities are set forth in I.C. § 58-119. George Bacon is the Director of IDL (Director). The Director of IDL is tasked with countersigning leases issued by the president of the Board for rental of state endowment lands, pursuant to I.C. § 58-121.

Section 20.03.13 of the Idaho Administrative Procedure Act (IDAPA) provides the specific structure that is employed in the leasing of the state endowment lands. IDA-PA 20.03.13.027 is titled “equity sharing premium rental” and states that:

Equity sharing premium rental shall be required through December 31, 1992 or until contract rents have been increased to full market rents, whichever comes first, and is due and payable prior to lease assignment and/or transfer and shall be computed as follows: Assignment Payment. All assignments and/or transfers shall pay a rate of ten percent (10%) of the leasehold value as determined under Section 025.

[549]*549II. FACTUAL AND PROCEDURAL BACKGROUND

Each cottage site is owned in fee simple by the State of Idaho, and held in trust for the benefit of the public schools, normal schools (Idaho State University, Department of Education, and Lewis-Clark State College), and the state hospital (collectively “the Beneficiaries”). The Board began renting cottage sites in Idaho in 1924, but the majority of lots were not leased until sometime between the mid 1940’s and early 1950’s. The State originally leased the cottage sites as bare land, and the cottage site lessees (Lessees) themselves constructed homes and other structures and improvements upon the land for them own use and benefit. From 1945 to 1988 cottage sites were leased for flat rates, with sporadic adjustments (generally rates were adjusted every three-to-five years, with an extreme of fourteen years between adjustments).

The Board has long allowed the Lessees to sell or assign their leasehold interests to others for profit. IDAPA 20.03.13.010.06, defines “Leasehold Value” as “[t]he value which accrues to a leasehold estate when the contract rent is below the market rent.” This proposition has also been recognized by IDL and its former and current directors, former and current members of the Board, and professional appraisers. Leasehold values are determined by subtracting the value of improvements and personal property from the total sales price. IDAPA 20.03.13.025.

As leasehold values grew it became clear to the Board that it was not achieving market rent, and in 1981 the Board invented the concept of “premium rent” to try to decrease the amount of profit the Lessees were reaping from the gap between actual and market rent. The term “premium rent” is a misnomer; it would be more accurate to refer to this mechanism as a “leasehold transfer fee.” Premium rent requires that the lessee pay the State a certain percentage of the value that the lessee receives from selling his leasehold interest in a cottage site.1 In 1981 this percentage was set at 10%. So, for example, if a lessee sold his leasehold for $160,000 and had placed $60,000 of improvements and personal property on the land, the leasehold value would be $100,000.

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Related

Wasden v. IDAHO STATE BD. OF LAND COM'RS
249 P.3d 346 (Idaho Supreme Court, 2010)

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249 P.3d 346, 150 Idaho 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hon-lawrence-g-wasden-v-idaho-state-board-of-land-commissioners-idaho-2010.