Friends of Idaho Watersheds Project
Idaho readers should contact their
representatives and senators to
oppose this legislation (HB 735) designed to interfere with federal
management of public lands ranching and public participation in that
management. You might want to note to your legislators that the federal
government does not consider grazing preferences a "right" but a
"privelege" under the law. This law (if passed) might be interpreted to
require lending institutions to guarantee ranchers loans in the same
amount as they had in the past no matter what actions to reduce grazing
use might be taken by the federal land managers or what changes in the
financial capability of ranchers might take place!
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LEGISLATURE OF THE STATE OF
IDAHO ||||
Fifty-fourth
Legislature
Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 735
BY AGRICULTURAL AFFAIRS COMMITTEE
1
AN ACT
2 RELATING TO THE TAYLOR GRAZING ACT; AMENDING TITLE
25, IDAHO
CODE, BY THE
3 ADDITION OF A NEW CHAPTER 9, TITLE 25,
IDAHO CODE, TO PROVIDE
THAT GRAZING
4 PREFERENCES ARE
APPURTENANT TO BASE PROPERTY, TO PROVIDE
A CONTINUING
5 RIGHT TO A GRAZING PREFERENCE, AND TO
PROVIDE PENALTIES FOR
INTERFERENCE
6 WITH A GRAZING RIGHT.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Title 25, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER , to be known and designated as Chapter 9, Title 25, Idaho Code, and to read as follows:
11
CHAPTER 9
12
TAYLOR GRAZING ACT PREFERENCES
13 25-901.
GRAZING PREFERENCE APPURTENANT TO BASE
PROPERTY. The United
14 States congress, in fulfilling the constitutional
obligation to
manage the
15 property of the United States, passed the Taylor grazing act in
1934. Through
16 this act, congress acknowledged grazing preference rights
and
provided for
17 adjudication of allotments on which the
grazing preference
right was exer-
18 cised. Livestock ranches are bought, sold, traded and inherited
with assurance
19 that the appurtenant grazing preference rights will be
transferred to the new
20 base property owner. Therefore, a grazing preference right shall
be considered
21 an appurtenance of the base property through which the
grazing
preference is
22 maintained.
23 25-902.
CONTINUING RIGHT TO GRAZING PREFERENCE. When a
grazing preference
24 right is made use of through sale, rental or other equitable
distribution of
25 base property to another person with the view of receiving
benefit of grazing
26 under the appurtenant preference right, such person, his
heirs, executors,
27 administrators, successors or assigns, shall not thereafter,
without his con-
28 sent, be deprived of the same without just compensation.
29 25-903.
INTERFERENCE WITH GRAZING RIGHT. Any person who
willfully or neg-
30 ligently interferes with the legal herding, grazing or pasturing
of livestock
31 or with a fence, gate, water development or other range
improvement on private
32 base property or on an adjudicated allotment is
guilty of a
misdemeanor and
33 additionally shall be subject to civil penalties in an
amount
necessary to
34 fully compensate the landowner or base property
owner for any
monetary loss
35 resulting from said interference.
Statement of Purpose / Fiscal Impact
STATEMENT OF PURPOSE
RS 07889C1
Idaho law recognized the usual range or
accustomed range, and the
possessory claims or possessory rights associated with those usual
ranges prior to Federal statutes providing for adjudication of the
same. This addition to Idaho law would clarify those historic
rights in the context of current Federal statutes. It would assure
that when a lending institution holds a mortgage on stock ranching
property, the appurtenant possessory use of grazing preference
rights will be maintained. It further would provide criminal and
civil penalties for negligent or intentional interference with
livestock grazing activities or facilities.
FISCAL NOTE
There is no fiscal impact
CONTACT: Rep. Frances Field
Chad Gibson
896-4104
Stan Boyd
344-2271
STATEMENT OF PURPOSE/ FISCAL NOTE