Chapter 1

Conveying Idpr Real Property

7-1-1: Real Property


A. Applicability: All real property proposed to be sold, exchanged or conveyed by the City, or have the use of the property changed, shall be first subject to the requirements of this section prior to any act which sells, exchanges or conveys, or changes the use of the subject property owned by the City.


B. Inventory Maintained: The City Clerk shall maintain, in the Office of the City Clerk, an inventory of City property acquired or which has received land and water conservation funds from the Idaho Department of Parks and Recreation (IDPR) and which is subject to any restrictions imposed by the IDPR and which is subject to any restrictions imposed by the IDPR with respect to its use or alienation.


C. Conditions: In the event the property contemplated for sale, exchange or conveyance is included on the IDPR inventory list, the following requirements shall be a condition precedent to any sale, exchange or conveyance:

1. The City shall contact the IDPR to determine the applicable restrictions or requirements in anticipation to sale, exchange or conveyance of the subject property. The City shall receive the written approval for the sale, exchange or conveyance from the IDPR prior to completion of the sale, exchange or conveyance.

2. The City Council shall hold a public hearing on the sale, exchange or conveyance. Such public hearing shall be advertised in a newspaper of general circulation at least fourteen (14) days prior to the date set for the public hearing. Following the public hearing, the City Council shall vote on the question of whether or not an ordinance shall be prepared in conformity with the requirements of Idaho Code section 50-1403, expressing an intent to sell, exchange or convey the property.

3. After compliance with the requirements of Idaho Code section 50-1403, the City may proceed with the sale, exchange or conveyance of property. (1952 Code § 9-23-01)