Title 40 — HIGHWAYS AND BRIDGES

40-1301. Districts as now organized validated. All highway districts as now organized and constituted are hereby validated and shall continue as public corporations.

40-1302. County division or change in boundaries — Joint highway district formed. When a county division or change in the boundaries of a county divides an existing highway district the district shall continue as a joint highway district until changed as provided by this title. I…

40-1303. Highway commissioners — Appointment — Oath. There shall be three (3) highway commissioners in each district. The first highway commissioners of the highway district organized under the provisions of this chapter shall be appointed by the governor. It shall be the duty of…

40-1304. Division of districts into subdistricts — Vacancy in office of highway commissioner. (1) At the meeting of the county commissioners at which the highway district is declared organized, the commissioners shall divide the highway district into three (3) subdistricts, as ne…

40-1305. Election of highway commissioners — Term of office. (1) On the third Tuesday of May of the next odd-numbered year following the appointment of the first highway district commissioners, commissioners from subdistricts one and two shall be elected for a term of two (2) yea…

40-1305A. Election administration. Highway district elections shall be conducted in accordance with the general laws of the state, including the provisions of chapter 14, title 34, Idaho Code. The county commissioners shall select polling places and the county clerk shall appoint…

40-1305B. BOARD OF COMMISSIONERS — ONE NOMINATION — NO ELECTION. In any election for a highway district commissioner, if after the deadline for filing a declaration of intent as a write-in candidate, it appears that only one (1) qualified candidate has been nominated for a subdis…

40-1305C. Declaration of candidacy — Qualifications. (1) Candidates for election as a highway district commissioner shall be nominated by nominating petitions, each of which shall bear the name of the nominee, the subdistrict for which the nomination is made, the term for which n…

40-1306. Organization of highway commissioners — Meetings — Officers — Official bonds. (1) Immediately after qualifying and appointment and after a highway district commissioner election and the newly elected commissioners take office, the highway commissioners shall meet and org…

40-1306C. Highway district records — Open to the public. All records of the highway district are open to the public, except as provided by law. With respect to highway district records, chapter 1, title 74, Idaho Code, provides definitions, procedure for the right to examine, req…

40-1307. Highway districts are bodies corporate. Every highway district organized as provided by law is a body politic and corporate, and as such has the power specified in this chapter and in other statutes, including the power of eminent domain, and powers as necessarily implie…

40-1308. Power to levy taxes for comprehensive insurance, prosecuting and defending actions, judgments and liabilities. Every highway district has the power to levy and collect taxes as necessary to: (1) Pay for a comprehensive insurance plan as provided in section 6-927, Idaho C…

40-1309. Corporate powers of highway districts. Each highway district has power: (1) To sue and be sued. (2) To purchase and hold lands, make contracts, purchase and hold personal or real property as may be necessary or convenient for the purposes of this chapter, and to sell and…

40-1310. Powers and duties of highway district commissioners. (1) The commissioners of a highway district have exclusive general supervision and jurisdiction over all highways and public rights-of-way within their highway system, with full power to construct, maintain, repair, ac…

40-1311. Jurisdiction of highway district commissioners. In respect to all highways included within a highway district highway system, the power and jurisdiction of the highway district shall be inclusive. The highway district commissioners shall keep the highways in their system…

40-1312. Grant of powers to be liberally construed. The grant of powers provided in this chapter to highway districts and to their officers and agents, shall be liberally construed, as a broad and general grant of powers, to the end that the control and administration of the dist…

40-1313. District has legal title to property. The legal title to all property acquired under the provisions of this chapter shall immediately, and by operation of law, vest in the highway district, and shall be held by the district in trust for, and is dedicated and set apart to…

40-1314. Compensation of highway district commissioners, officers, agents and employees. (1) It shall be the duty of the board of highway district commissioners of each highway district to fix the annual salaries of the highway district commissioners commencing on October 1 and f…

40-1315. Cost of highways — Equitable division among benefited districts. (1) In the laying out, alteration, construction, maintenance, repair or improvement of any highway or portion of it, within a county and not included within a highway district in a county which would also b…

40-1316. Annual report of highway district. (1) On or before the first day of January in each year, the highway district shall make a report of the condition of the work, construction, maintenance and repair of all the highways within the district on the first day of October, acc…

40-1317. Annual financial statement of district — Audit. (1) On or before the first day of January of each year, the highway district shall make and file in its office a full, true and correct statement of the financial condition of the highway district on the first day of Octobe…

40-1319. Director of highways — Appointment — Qualifications — Oath. As soon as possible after the organization of a highway district, the highway district commissioners may appoint a director of highways. If a director of highways is not appointed his duties shall devolve upon t…

40-1320. Directors of highways — Deputy directors — Appointment — Duties. The director may appoint, subject to confirmation and approval of the highway commissioners, one (1) deputy director for each subdistrict and as many additional deputy directors as the highway commissioners…

40-1322. Creation of local improvement districts. Highway districts are empowered to create local improvement districts for construction, reconstruction and maintenance of highways and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads and retaining walls …

40-1323. Cities included in highway districts — Powers and duties of city council. (1) If any highway district shall include within its boundaries any incorporated city, or any portion of a city, the power of taxation on the part of the highway district as to ad valorem taxes, an…

40-1324. Jurisdiction over included territory. When a highway district is organized under the provisions of this chapter, it shall, except as otherwise provided, supersede all other highway districts or parts of districts within the limits of the highway district, and upon the or…

40-1325. Adoption of budget — Public hearing. Highway district commissioners shall, prior to certifying a property tax levy to the commissioners and a county assessor, as provided in subsections (1) and (3) of section 63-803, Idaho Code, adopt a budget and cause a public hearing …

40-1326. Notice of budget hearing. Notice of the budget hearing meeting shall be posted at least ten (10) full days prior to the date of the meeting in at least one (1) conspicuous place in each highway district and a copy of the notice shall also be published in accordance with …

40-1327. Public inspection of budget. The budget shall be available for public inspection from and after the date of the posting of notice of hearing at a place and during business hours as the highway commissioners may direct.

40-1328. Quorum of highway commissioners at budget hearing — Objections. A quorum of the highway commissioners shall attend the hearing and explain the proposed budget and hear any and all objections to it.

40-1330. Fiscal year. The fiscal year of the highway district shall commence on the first day of October of each year.

40-1333. Cities — Highway responsibility. Cities, with city highway systems, shall be responsible for the construction, reconstruction and maintenance of highways in their respective city systems, except as provided in section 40-607, Idaho Code. Cities may make agreements with a…

40-1335. Standards for curb construction — Curb ramps for people with physical disabilities. (1) The standard for construction of curbs on each side of any city highway, or any connecting highway for which curbs and sidewalks have been prescribed by the appropriate governing body…

40-1336. Record books to be kept. The highway district board of commissioners must cause to be kept permanently and indefinitely: (1) A minute book, in which must be recorded all orders and decisions made by them, and the proceedings at all regular and special meetings. (2) An al…

40-1337. Classification and retention of records. (1) Highway district records shall be classified as follows: (a) "Permanent records" shall consist of, but not be limited to, the following: proceedings of the governing body, ordinances, resolutions, bond register, warrant regist…

40-1337A. PHOTOGRAPHIC OR DIGITAL STORAGE AND USE OF HIGHWAY DISTRICT RECORDS. (1) A highway district official may reproduce and retain documents in a photographic, digital or other nonpaper medium. The medium in which a document is retained shall accurately reproduce the documen…