(Download) "Heckman Ranches v. State Idaho" by Supreme Court of Idaho No. 12316 * Book PDF Kindle ePub Free
eBook details
- Title: Heckman Ranches v. State Idaho
- Author : Supreme Court of Idaho No. 12316
- Release Date : January 04, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This is an action to quiet title to land near Whitebird, Idaho. The disputed area encompasses approximately 12 acres of land located between the mainstream and the eastern survey meander line of the Salmon River, and includes a secondary or overflow channel of the river. (See annexed exhibit). The primary issue on appeal is the location of the natural or ordinary high water mark of the Salmon River in relation to the disputed area. The district court established the natural or ordinary high water mark of the river, and quieted title accordingly and ordered the plaintiffs to fence the property. The judgment of the district court is affirmed in part and reversed in part. Lands along both sides of the Salmon River were surveyed in 1893 and the course of the river was meandered by meander lines drawn by the original government surveyor in 1893. The eastern meander line along the disputed portion of the river, however, is a significant distance from the mainstream of the river and approximates the eastern bank of the secondary or overflow channel. This overflow channel is east of the mainstream and with the mainstream encircles the land in dispute. When the channel is filled with water from the mainstream during spring runoff, the higher ground above the channel appears as an island. The controlling government survey of this portion of the river was made in June, 1893, during spring high water runoff. The surveyor described the disputed area as an unsurveyed island within the mainstream of the Salmon River.