Idaho Code
Idaho Code

Idaho Code § 58-101 (2026)

State land board — Constitution — Department of lands created. 

✓ current as of May 2026
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State land board — Constitution — Department of lands created. 

The governor, secretary of state, attorney general, state controller and superintendent of public instruction being constituted a state board of land commissioners by section 7 of article 9, of the Constitution of the state, as such board, have the direction, control and disposition of the public lands of the state. The board shall exercise the said constitutional functions through the instrumentality of a department of lands which is hereby created.

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1977–2025 · leading case: Kootenai Env't All., Inc. v. Panhandle Yacht Club, Inc., 671 P.2d 1085 (Idaho 1983).
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Kootenai Env't All., Inc. v. Panhandle Yacht Club, Inc., 671 P.2d 1085 (Idaho 1983). · cites it 8× “) The State of Idaho holds title to the beds of all navigable bodies of water below the natural high water mark for the use and benefit of the public.”
Idaho v. Coeur D'Alene Tribe of Idaho, 521 U.S. 261 (1997). · cites it 2× “1996); Idaho Code §§ 58-101 , 58-104(9) (1994 and Supp.”
State Ex Rel. Kempthorne v. Blaine Cnty., 79 P.3d 707 (Idaho 2003). · cites it 4× “I.C. § 58-101 et seq. Pursuant to I.C. § 58-132, the state board of land commissioners has been entrusted with the duty to determine the best use or uses to be made of state land, in order to carry out the constitutional mandate of Section 8, Article IX, to secure from the…”
Lake CDA Inv., LLC v. Idaho Dep't of Lands, 233 P.3d 721 (Idaho 2010). · cites it 2× “I.C. § 58-101. For convenience, they will both be referred to as the “Land Board.”
Wasden v. Idaho State Bd. of Land Com'rs, 249 P.3d 346 (Idaho 2010). · cites it 2× “" 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.”
Ritter v. Standal, 566 P.2d 769 (Idaho 1977). · cites it 2× “In 1967 the legislature explicitly defined the State Board of Land Commissioners’ authority over lands in the beds of navigable waters by enacting the following subsection of I.C. § 58-104, which provides in pertinent part: “58-104.”
Kaseburg v. State, Bd. of Land Commissioners, 300 P.3d 1058 (Idaho 2013). · cites it 4× “The first element is met here because the IDL is entrusted with administering the Lake Protection Act.”
Hon. Lawrence G. Wasden v. Idaho State Bd. of Land Commissioners, 249 P.3d 346 (Idaho 2010). · cites it 4× “‖ 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.”
Byrd v. Idaho State Brd. of Land Commissioners (Idaho 2022). · cites it 4× “I.C. §§ 58-101, 58-104(9), 58-1303. Under Idaho’s Administrative Procedure Act (“APA”), the court shall affirm the agency action unless the court finds that the agency’s findings, inferences, conclusions, or decisions are: (a) in violation of constitutional or statutory…”
Wilson v. Idaho State Bd. of Land Commissioners (Idaho 2025). · cites it 2× “3 See I.C. § 58-101. Pursuant to the Administrative Procedure Act, when reviewing the decision of an agency, such as IDL, the court shall affirm the agency action unless the court finds that the agency’s findings, inferences, conclusions, or decisions are: (a) In violation of…”
Wilson v. Idaho State Bd. of Land Commissioners (Idaho 2025). · cites it 2× “3 See I.C. § 58-101. Pursuant to the Administrative Procedure Act, when reviewing the decision of an agency, such as IDL, the court shall affirm the agency action unless the court finds that the agency’s findings, inferences, conclusions, or decisions are: (a) In violation of…”
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