Idaho Code
Idaho Code § 58-310 (2026)
Two or more applicants for same land — Auction of lease.
✓ current as of May 2026
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Two or more applicants for same land — Auction of lease.
Except as otherwise authorized:
(1) 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 therefor, the annual rental to be established by the state board of land commissioners.
(2) The director shall give notice by letter at least fourteen (14) days prior to the date of such auction, which notice shall be sent in the course of regular mail, to each of the applicants, notifying them of the time and place such auction is to be held. The notice shall be sent to the name and address exactly as it is given in the application.
(3) If any applicants fail to appear in person or by proxy at the time and place so designated in said notice, the director may proceed to auction and lease any part or all of the lands applied for.
(4) The state board of land commissioners shall have power to reject any and all bids made at such auction sales, when in their judgment there has been fraud or collusion, or for any other reason, which in the judgment of said state board of land commissioners justified the rejection of said bids.
(5) The challenger of the current lease shall be required to provide payment of one (1) year’s rental on the lease payable at the time of application to lease. If the amount of the annual rental bid be not paid forthwith by the successful bidder, together with the expense of such sale, if the state board of land commissioners shall require the same to be paid as hereinbefore provided, or if for any reason the successful bidder does not accept the lease on the terms offered, the lease may be immediately reoffered in the same manner at public auction, without further notice.
(6) Only those persons who have filed applications in the manner and at the time provided for by statute or rule shall be permitted to bid at any such auction for the lease of state lands.
Notes of Decisions
Cited in 8
cases, 1951–2012 · leading case: Idaho Watersheds Proj., Inc. v. State Bd. of Land Commissioners, 918 P.2d 1206 (Idaho 1996).
Idaho Watersheds Proj., Inc. v. State Bd. of Land Commissioners, 918 P.2d 1206 (Idaho 1996). “Idaho Code § 58-310 states that the Board “shall have power to reject any and all bids made at such auction sales, when in their judgment there has been fraud or collusion, or for any other reason, which in the judgment of said [Board] justified the rejection of said bids_” In…”
Wasden v. Idaho State Bd. of Land Com'rs, 249 P.3d 346 (Idaho 2010). “" 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…”
State Ex Rel. Robins v. Clinger, 238 P.2d 1145 (Idaho 1951). “Section 58-310, I.C.,' with reference to auction of leases of public lands, provides that when the highest bidder does not forthwith pay the amount of annual rent bid, the said lease may be immediately reoffered in the same manner at public auction without further notice.”
Fenwick v. Idaho Dep't of Lands, 160 P.3d 757 (Idaho 2007). “(10) Commercial leases of the state lands shall not be subject to the conflict auction provisions of section 58-310, Idaho Code. The board may, at its discretion, call for proposals and sealed bids by public advertisement, and may evaluate said proposals and award the lease to…”
Idaho Watersheds Proj. v. State Bd. of Land Commissioners, 982 P.2d 367 (Idaho 1999). “) violates Article IX, § 8 of the Idaho Constitution and remand the case to the State Board of Land Commissioners (the Board) to auction off and lease the land in question pursuant to I.C. § 58-310. I. THE BACKGROUND AND PRIOR PROCEEDINGS In 1996, the Idaho Watersheds Project…”
Hon. Lawrence G. Wasden v. Idaho State Bd. of Land Commissioners, 249 P.3d 346 (Idaho 2010). “‖ 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…”
Wasden v. State Bd. of Land Commissioners, 280 P.3d 693 (Idaho 2012). “The Court has recognized that “[t]he Board does not have the discretion to grant a lease to an applicant who does not place a bid at an auction, based upon Idaho’s constitutional and statutory *197 mandate that the Board conduct an auction.”
Idaho Watersheds Proj. v. State Bd. of Land Commissioners, 982 P.2d 371 (Idaho 1999). “On remand, the Board must auction off and lease the land in question pursuant to the procedures in I.C. § 58-310. Because of this resolution of the appeal, the Court will not address the other issues presented.”
— Idaho Code § 58-310(1) — 1 case
Wasden v. State Bd. of Land Commissioners, 280 P.3d 693 (Idaho 2012). “The Court has recognized that “[t]he Board does not have the discretion to grant a lease to an applicant who does not place a bid at an auction, based upon Idaho’s constitutional and statutory *197 mandate that the Board conduct an auction.”
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