LEASE
OF REAL PROPERTY COMMENT
It
is recommended that before a governmental entity leases its property, the entity
should specifically review its enabling statutes.
1.
A County’s lease of its property to another is specifically governed by
Idaho Code Section 31-836.
a.
The statute limits the duration of a lease with or without a public
auction. The statute also requires
annual rent in advance for non-governmental lessees.
b.
The statute also limits the duration of a lease depending upon the lessee
or nature of the use of the leased property.
2.
A City’s lease of its property to another is generally governed by Idaho
Code Section 50-1409.