Idaho State Statutes - Idaho Attorney Directory

The
port commissioners shall have full power and authority to improve, use for all
port purposes and/or let lands belonging to the state of Idaho within the area
encompassed by the port district's plan of harbor improvement and port
development, and/or its plan for industrial development in the same manner and
under the same procedure as herein provided for the improvement, use and/or
letting of land belonging to the port district provided that such real
property is not then being utilized by the state or any legal subdivision or
agency thereof, in which case the said rights shall not accrue to the port
district until the said real property becomes surplus to such entity; provided
further, in case of such leasing, the port commission shall determine which
portion of the resulting rental is allocable to the land belonging to the
state, and which is allocable to improvements placed, or to be placed,
thereon, and that portion allocable to the land shall be paid by the port, as
received, to the state treasurer; provided further, should the state question
the allocation as made by the port commission, then the matter shall be
determined by appraisal, the state and the port district each choosing
disinterested appraisers, and the two (2) so chosen choosing a third; the
decision of a majority of the appraisers concerning such allocation of rental
shall be determinative of the matter, unless the same be modified or changed
by the district court of the judicial district in which is situate the city
for which the port is named, after hearing upon petition of either body, and
after such notice as such court shall direct; provided further, that all bonds
given to secure the payment of rentals, and the performance of any such lease,
shall be payable jointly to the port district and the state of Idaho as their
interest appears, based upon such allocation. Payment by a lessee of the
amount of each periodic rental payment set by the port commission upon such
property shall discharge such lessee and/or the lessee's sureties pro tanto
from any further liability as to each such rental payment made, and the
allocation thereof between such port district and the state shall impose no
liability or obligation upon such lessee and/or surety, nor shall any dispute
or litigation as to such allocation in any way cause an increase in or
otherwise affect the payment to be made by such lessee during the leasehold
period.

Click here to visit the Official Idaho State Statutes