Kaseburg v. State, Board of Land Commissioners

W. JONES, Justice.

I. Nature op the Case

Peter Kaseburg1 is a littoral owner on Lake Pend Oreille who holds an encroachment permit for a series of decaying wooden *572pilings that were driven into the lakebed in the 1930s. With the exception of a single piling that a neighboring marina uses to anchor one of its docks, the pilings have never had any known navigational purpose. Kaseburg applied to the Idaho Department of Lands (“IDL”) for a permit to replace ten of the wooden pilings with steel pilings, but failed to specify any navigational purpose for this proposal. The IDL considered the…