House backs bill to allow docks

BOISE – Idaho’s House of Representatives voted Monday to turn back the legal clock to 1953 to help certain North Idaho property owners who want to build docks despite a public road running between their land and Lake Coeur d’Alene.

HB 565 passed 37-32 and now moves to the Senate despite questions about its constitutionality.

“I didn’t think such a simple little bill would generate so much debate, just trying to protect people’s personal property rights,” Rep. Bob Nonini, R-Coeur d’Alene, said to laughter.

The issue is the subject of a case in court in Kootenai County, plus half a dozen administrative appeals involving property along Silver Beach or along the east side of Lake Coeur d’Alene down to Harrison. Back in the 1950s, owners of the property granted or sold easements to the state for a public road along the lake.

Rep. Leon Smith, R-Twin Falls, an attorney, said the bill is “unconstitutional for about three reasons.” It impairs the obligations of contracts, changes property law and deeds going back 60 years, and serves as “special legislation” for a few folks with “beautiful views over Lake Coeur d’Alene.”

Rep. James Ruchti, D-Pocatello, also an attorney, said the dispute should be settled by courts. If the Legislature gets into the business of changing what contracts mean 50 years after they’re signed, Ruchti said, “that’s a problem.”

Nonini, who is sponsoring the bill with five other North Idaho lawmakers, said the lawmakers have been trying to persuade the Idaho Transportation Department to stop objecting to dock permits for the property owners.

“For the last two years we’ve made no headway with the Department of Transportation,” Nonini told the House. He said he “couldn’t disagree more” that the issue should be settled in court. “I think that’s the worst place for ambiguities in law to be decided,” Nonini said. “I think we can set the record straight here in legislation.”

Two North Idaho representatives spoke against the bill.

“You just don’t make policy in front of a court case,” Rep. Jim Clark, R-Hayden Lake, said. “Plus it is extremely special legislation.”

Rep. George Sayler, D-Coeur d’Alene, said, “I’m not sure this is the kind of policy we should be creating for the whole state.”

But Rep. Frank Henderson, R-Post Falls, said, “It is correct, this is a very special interest bill – the special interest is personal property rights. I personally don’t think there’s anything more precious and anything we should work harder to preserve.”

Rep. Marge Chadderdon, R-Coeur d’Alene, told the House, “If you were the owner of that property, you’d want to be considered that same way.”