Leases.
The mayor and council may, by resolution, authorize the lease of any property not needed for city purposes, upon such terms as may be just and equitable. The provisions of sections 50-1401 through 50-1409 shall not apply to the vacation or discontinuance of streets, highways, avenues, alleys or lanes annulled, vacated or discontinued. Provided, that the council of a city, upon a vote of one half (1/2) plus one (1) of the members of the full council, may set apart portions of the public parks, playgrounds or other grounds to be used from time to time for athletic contests, golf links, agricultural exhibits, ball parks, fairs, rodeos, swimming pools and other amusements, and for military units of the state of Idaho or the United States, and may, upon a vote of one half (1/2) plus one (1) of the members of the full council, make and enter into proper contracts with organizations and associations necessary and proper to carry out the purposes of this provision. Provided, that a city shall not be liable for any damage by reason of any accident occurring on the parks and lands set apart for such purposes, except for gross negligence on the part of the city or its officers or agents, and provided further, that an entrance or other fee may be charged sufficient to pay the expense of maintaining and operating the ground.
Notes of Decisions
Herndon v. City of Sandpoint, 531 P.3d 1125 (Idaho 2023).
· cites it 20× “The attack consisted of argument that the City had not properly followed the Idaho Municipal Corporations Code, § 50-1409, to have validly leased public property to a private entity.”
Infanger v. City of Salmon, 44 P.3d 1100 (Idaho 2002).
· cites it 4× “NOTES [1] Idaho Code § 50-1409 provides, insofar as is relevant, "The provisions of sections 50-1401 through 50-1409 shall not apply to the vacation or discontinuance of streets, highways, avenues, alleys or lanes annulled, vacated or discontinued.”
Bopp v. City of Sandpoint, 716 P.2d 1260 (Idaho 1986).
· cites it 8× “Bopp commenced the present action in the district court on December 20, 1982, seeking both declaratory judgment and equitable relief from the city's actions in vacating the bridge and thereafter leasing it to the company. In essence, Bopp again seeks to have the lease declared…”
Foster v. City of St. Anthony, 841 P.2d 413 (Idaho 1992).
· cites it 2× “I.C. § 50-1409 provides that the mayor and city council, by resolution, may authorize the lease of any property not needed for city use.”
Mountain States Tel. & Tel. Co. v. City of Boise, 506 P.2d 832 (Idaho 1973).
· cites it 3× “The authority of a municipal corporation to lease City property is contained in I.C. § 50-1409, which provides in pertinent part: “The mayor and council may, by resolution, authorize the lease of any property not needed for city purposes, upon such terms as may be just and…”
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