Idaho Surface Use Agreement (Where Lands are Currently in Use)

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Multi-State
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US-OG-1161
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This form is a surface use agreement where lands are currently in use.

Idaho Surface Use Agreement (Where Lands are Currently in Use) Idaho Surface Use Agreement, also known as an Idaho Surface Use Lease, is a legal contract between the owner or tenant of a specific land in Idaho and a third party seeking to utilize or extract natural resources from the land surface. This agreement governs the conditions, rights, obligations, and compensation between the two parties involved. Keyword: Idaho Surface Use Agreement These agreements are especially relevant in Idaho due to its abundance of natural resources, including minerals, oil, gas, and timber. As such, they serve as an important tool for ensuring responsible and sustainable resource development while safeguarding the interests of landowners and tenants. The primary objective of an Idaho Surface Use Agreement is to outline the terms under which a party can access, explore, develop, or harvest resources from the land. This typically includes activities such as mining, drilling, logging, or any other surface-disturbing operations. The key components of an Idaho Surface Use Agreement may include: 1. Description of Land: A detailed description of the specific land area where the agreement is applicable, including boundaries, acreage, and legal descriptions. 2. Purpose and Activities: A clear statement of the purpose of the agreement, describing the nature of activities to be undertaken on the land (e.g., mineral extraction, oil and gas exploration, etc.). 3. Duration: The length of time the agreement is valid and the duration of the authorized activities. This can range from a few months to several years, depending on the type of resource extraction. 4. Rights and Responsibilities: Outlining the rights, permissions, and obligations of both the owner/tenant and the third party regarding the use of the land. This includes provisions to ensure environmental protection, restoration of disturbed areas, and compliance with all relevant laws and regulations. 5. Compensation: The financial aspects of the agreement, specifying the compensation to be paid by the third party to the landowner/tenant. Compensation can be in the form of lease payments, royalties, or other negotiated terms. 6. Indemnification and Liability: Addressing safeguards against potential damages or liabilities arising from the activities, including the requirement for insurance coverage or bonds to protect the landowner/tenant and the surrounding environment. 7. Termination: Conditions and procedures for terminating the agreement, including expiration, breach, or mutual agreement. Different types of Idaho Surface Use Agreements can exist based on the specific resource being exploited and the interests at stake. These may include: 1. Mineral Surface Use Agreement: Focusing on the extraction of minerals such as gold, silver, copper, phosphates, or gemstones. It outlines the rights and responsibilities related to mineral exploration, mining, and reclamation activities. 2. Oil and Gas Surface Use Agreement: Pertaining to the exploration and production of oil and natural gas resources on the land. It typically covers drilling operations, well pad construction, pipeline installations, and other related activities. 3. Timber Surface Use Agreement: Addressing the use of land for commercial timber harvesting. It lays out the terms for logging operations, tree removal plans, reforestation efforts, and potential environmental impact mitigation measures. In conclusion, the Idaho Surface Use Agreement serves as a vital tool to regulate the utilization of land for resource development. By clearly defining the rights, responsibilities, and compensation, these agreements facilitate sustainable and responsible practices, ensuring the long-term benefit of both the landowner/tenant and the third party involved.

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(1) "Adverse material fact" means a fact that would significantly affect the desirability or value of the property to a reasonable person or which establishes a reasonable belief that a party to the transaction is not able to or does not intend to complete that party's obligations under a real estate contract.

In California, there are five elements of adverse possession that a claimant must prove: (1) possession under the claim of right or color of title, (2) actual, open, and notorious possession that gives reasonable notice to the true owner, (3) possession that is hostile to the true owner, (4) continuous possession for ...

To prove ownership by adverse possession based on a written instrument which purports to give title, a claimant must prove "continued occupation and possession" of the property for the statutory period and payment of taxes. Idaho Code § 5-207.

(g) (1) It is unlawful for any person to manufacture or distribute a "simulated controlled substance," or to possess with intent to distribute a "simulated controlled substance." Any person who violates this subsection shall, upon conviction, be guilty of a misdemeanor and upon conviction thereof shall be punished by a ...

Identify and mark your property boundaries. Inspect your land regularly for signs of trespassers. You may want to use ?no trespassing? signs and block entrances with gates. Although many states will not find a ?no trespassing? sign sufficient to prevent an adverse possession claim, it's a good way to deter trespassers.

Idaho Adverse Possession Law at a Glance Idaho once had a relatively short, five-year time period after which a continuous trespasser could claim legal title, but it has been expanded to 20 years. The state requires payment of property taxes in order to qualify.

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(c) "Surface landowner" means a person who owns all or part of the surface land as shown by the records of the county in which the surface land is located. Mar 9, 1991 — LEGAL AUTHORITY. These rules are promulgated by the Idaho State Board of Land Commissioners (“Board”) pursuant to Title 47,.Section 20.03.16.050 - LAND USE, SURFACE RIGHTS AND OBLIGATIONS 01.Use and Occupancy. Notwithstanding other leases for other uses of state lands, the lessee ... The surface use agreement must address how the owner will be compensated for lost agricultural income and lost value of improvements directly caused by oil and ... Information on: Eminent Domain, Mineral Leases, Mineral Rights, Surface Use Agreements and Voluntary Conservation Practices for Oil and Gas Development in Idaho The BLM's National Operation Center provides most publicly available forms electronically through the links below. We update these forms regularly. Please check ... United States District Court in Idaho voids numerous federal oil and gas leases in sage-grouse habitat areas within Nevada, Utah, and Wyoming, ... May 9, 2012 — claim the land or reach a surface use agreement.90 It should be ... term “public utility” would cover cases relating to certain pipeline used in ... ACEP-ALE Application Packet. The following application packet collects required information on proposed parcels from eligible entities. Appendix A. LIST OF STATUTES, COURT RULES, AND CONSTITUTIONAL PROVISIONS. Appendix B. EXAMPLE OF FINDINGS OF FACT AND CONCLUSIONS OF LAW. Appendix C.

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Idaho Surface Use Agreement (Where Lands are Currently in Use)