Moon v. State Board of Land Commissioners

SHEPARD, Justice.

This is an original proceeding in the nature of a petition for writ of mandamus or prohibition brought by the State Treasurer against the State Board of Land Commissioners asserting the unconstitutionality of I.C. § 58-140, which provides that revenues obtained from leases and timber sales on certain state lands may be used for expenses incurred in administering those lands. We hold that I.C. § 58-140 is constitutional, and hence deny the petition.

We note at the outset that I.C. § 58-140 having been duly enacted in 1969 and last amended in 1981, carries with it a presumption…