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Disclaimer of Interest

Upon statehood, Idaho gained title to the beds and banks of navigable waterways below the ordinary high water mark (OHWM) under the Equal Footing Doctrine. The state holds these lands in trust for the benefit of the public. When a river moves due to accretion (the natural, gradual process whereby deposited material causes the river to move), title to the riverbed moves as well. Idaho Department of Lands (IDL) issues disclaimers of interest to clear title to the accreted land to the adjacent landowner pursuant to Idaho Code §58-119(a).

Disclaimer Process

  1. Applicant completes and submits and application packet to the local Supervisory Area Office, which includes:
    • Application Form
    • $300 application fee (the total cost is the greater of $600 or the actual cost to process the application)
    • Proof of ownership of adjacent land (ex. deed, tax documents, etc)   
  2. IDL reviews application. IDL will notify applicants if additional information is needed to process the application.
  3. IDL conducts a site visit to identify the OHWM with the applicant’s surveyor.  The surveyor then drafts a record of survey identifying the land the state would disclaim interest in to the applicant, the public use right of way easement the applicant would grant to the state (if applicable), and any land below the OHWM in which the applicant would disclaim interest. The applicant is responsible for the cost of the survey.
  4. IDL reviews the survey and presents the application to the State Board of Land Commissioners.
  5. If approved, IDL works with the applicant to finalize, sign and record the document(s) with the county, and submit final payment.

Contacts

Department Contact – Boise Staff Office

Andrew Smyth, Program Manager
Public Trust Lands
(208) 334-0248
asmyth@idl.idaho.gov

For questions specific to a location, please contact the nearest Supervisory Area


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