Idaho S 1252: TAYLOR GRAZING ACT – Amends existing law to revise provisions regarding grazing preference rights.

Bill Text

LEGISLATURE OF THE STATE OF IDAHO
Sixty-sixth Legislature Second Regular Session - 2022
IN THE SENATE
SENATE BILL NO. 1252
BY RESOURCES AND ENVIRONMENT COMMITTEE
AN ACT1
RELATING TO THE TAYLOR GRAZING ACT; AMENDING SECTION 25-901, IDAHO CODE, TO2
REVISE PROVISIONS REGARDING GRAZING PREFERENCE RIGHTS; AMENDING SEC-3
TION 25-902, IDAHO CODE, TO REVISE PROVISIONS REGARDING GRAZING PREFER-4
ENCE RIGHTS AND TO MAKE A TECHNICAL CORRECTION; PROVIDING SEVERABILITY;5
AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.6
Be It Enacted by the Legislature of the State of Idaho:7
SECTION 1. That Section 25-901, Idaho Code, be, and the same is hereby8
amended to read as follows:9
25-901. GRAZING PREFERENCE APPURTENANT TO BASE PROPERTY -- COMPENS-10
ABLE PROPERTY RIGHT. (1) The United States congress, in fulfilling the11
constitutional obligation to manage the property of the United States,12
passed the Taylor grazing act in 1934. Through this act, congress acknowl-13
edged grazing preference rights and provided for adjudication of allotments14
on which the grazing preference right was exercised. Livestock ranches are15
bought, sold, traded and inherited with assurance that the appurtenant graz-16
ing preference rights will be transferred to the new base property owner in17
association with the federal grazing allotment. Therefore, it is the intent18
of the legislature to ensure that grazing preference rights are compensable19
property rights under Idaho law.20
(2) Aa grazing preference right shall be considered an appurtenance of21
the base property through which the grazing preference is maintained, asso-22
ciated with the federal grazing allotment.23
(3) Any diminishment of, or failure to recognize, the grazing pref-24
erence must be compensated as a taking of a real property right recognized25
pursuant to section 55-101, Idaho Code, including but not limited to cases26
where any portion of the federal grazing allotment associated with the27
grazing preference right is sold, exchanged, or otherwise disposed of and28
conveyed to the state or any other entity.29
SECTION 2. That Section 25-902, Idaho Code, be, and the same is hereby30
amended to read as follows:31
25-902. CONTINUING RIGHT TO GRAZING PREFERENCE. When a grazing pref-32
erence right is made use of through sale, rental or other equitable distri-33
bution of base property to another person with the view of receiving benefit34
of grazing under the appurtenant preference right and the associated federal35
grazing allotment, such person, his heirs, executors, administrators, suc-36
cessors or assigns, shall not thereafter, without his consent, be deprived37
of the same without just compensation.38
SECTION 3. SEVERABILITY. The provisions of this act are hereby declared39
to be severable, and if any provision of this act or the application of such40

2
provision to any person or circumstance is declared invalid for any reason,1
such declaration shall not affect the validity of the remaining portions of2
this act.3
SECTION 4. An emergency existing therefor, which emergency is hereby4
declared to exist, this act shall be in full force and effect on and after5
July 1, 2022.6