Title 50 — MUNICIPAL CORPORATIONS

50-1301. Definitions. The following definitions shall apply to terms used in this section and sections 50-1302 through 50-1334, Idaho Code. (1) Basis of bearing: The bearing in degrees, minutes and seconds, or equivalent, of a line between two (2) monuments or two (2) monumented …

50-1302. Duty to file. Every owner creating a subdivision, as defined in section 50-1301, Idaho Code, shall cause a land survey and a plat thereof to be made which shall particularly and accurately describe and set forth all the streets, easements, public grounds, blocks, lots, a…

50-1303. Survey — monuments — Accuracy. The centerline intersections and points where the centerline changes direction on all streets, avenues, and public highways, and all points, witness corners and reference points on the exterior boundary where the boundary line changes direc…

50-1304. Essentials of plats. (1) All plats offered for record in any county shall be on stable base drafting film with a minimum base thickness of 0.003 inches. The image thereon shall be by a photographic process or a process by which a copy is produced using an ink jet or digi…

50-1305. Verification. The county shall choose and require an Idaho professional land surveyor to check the plat and computations thereon to determine that the requirements herein are met, and said professional land surveyor shall certify such compliance on the plat. Such certifi…

50-1306. Extraterritorial effects of subdivision — Property within the area of city impact — Rights of city to comment. All plats situate within an officially designated area of city impact as provided for in section 67-6526, Idaho Code, shall be administered in accordance with t…

50-1306A. Vacation of plats — Procedure. (1) Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof must petition the city council if it is located within the boundaries of a city, or the coun…

50-1307. Designation of townsite and addition — Necessity of distinctiveness — Limitations on rule. Plats of towns, subdivisions or additions must not bear the name of any other town or addition in the same county, nor can the same word or words similar or pronounced the same, be…

50-1308. Approvals. (1) If a subdivision is not within the corporate limits of a city, the plat thereof shall be submitted, accepted and approved by the board of commissioners of the county in which the tract is located in the same manner and as herein provided. If the city or co…

50-1309. Certification of plat — Dedication of streets and alleys — Dedication of private roads to public — Jurisdiction over private roads. 1. The owner or owners of the land included in said plat shall make a certificate containing the correct legal description of the land, wit…

50-1310. Filing and recording — Record of plats — Filing of copy. (1) All approved plats of subdivisions shall, upon the payment of the required fees, be filed by the county clerk or county recorder, and such filing with the date thereof shall be endorsed thereon. The plat or opa…

50-1311. Indexing of plat records. The said books of "record of plats" shall be provided in the front part thereof with indices, in which shall be duly entered in alphabetical order all maps, plats and diagrams recorded therein, and when so filed, bound and indexed, shall be the …

50-1312. Effect of acknowledging and recording plat. The acknowledgment and recording of such plat is equivalent to a deed in fee simple of such portion of the premises platted as is on such plat set apart for public streets or other public use, or as is thereon dedicated to char…

50-1313. Dedication must be accepted. No street or alley or highway hereafter dedicated by the owner to the public shall be deemed a public street, highway or alley, or be under the use or control of said city or highway district unless the dedication shall be accepted and confir…

50-1314. Enforcing execution of plat — Assessment of costs. Whenever the owners of any tract of land have divided and sold or conveyed five (5) or more parts thereof, or invested the public with any right therein, and have failed and neglected to execute and file a plat for recor…

50-1315. Existing plats validated. None of the provisions of sections 50-1301 through 50-1325, Idaho Code, shall be construed to require replatting in any case where plats have been made and recorded in pursuance of any law heretofore in force; and all plats heretofore filed for …

50-1316. Penalty for selling unplatted lots. Any person who shall dispose of or offer for sale any lots in any city or county until the plat thereof has been duly acknowledged and recorded, as provided in sections 50-1301 through 50-1325, shall forfeit and pay one hundred dollars…

50-1317. Vacation procedure in unincorporated areas and in cities not exercising their corporate functions — Filing of petition — Notice of hearing. Whenever any person, persons, firm, association or corporation interested in any city which if incorporated is not exercising its c…

50-1318. In absence of opposition — Grant of petition — Restrictions. If no opposition be made to such petition or application within the said thirty (30) day period, the board of county commissioners shall vacate the same, with such restrictions as they may deem reasonable and f…

50-1319. In presence of opposition — Continuance of application — Hearing — When petition granted. If opposition be made thereto, such application shall be heard by the appropriate board of county commissioners or highway district commissioners at a time fixed by said board, at w…

50-1320. Vesting of title on vacation. The part so vacated, if it be a lot or tract, shall vest in the rightful owner, who may have the title thereof according to law; or if a public square or common, the property may vest in the proper county, or if in a city, the property shall…

50-1321. Necessity for consent of adjoining owners — Acknowledgment and filing of consent — Limitation on rule — Prerequisites to order of vacation. No vacation of a public street, public right-of-way or any part thereof having been duly accepted and recorded as part of a plat or…

50-1322. Appeal from order granting or denying application to vacate. Whenever the governing body shall grant the application, or refuse the application of any person or persons, made as provided for the vacation of any lot, tract, street, common, plat or any part thereof, an app…

50-1323. Limitation of actions to establish adverse rights or question validity of vacation. Every action brought to establish adverse rights or interests in the affected property or to determine the invalidity of any action by which any lot, tract, street, common, plat or any pa…

50-1324. Recording vacations. (1) Before a vacation of a plat can be recorded, the county treasurer must certify that all taxes due are paid and such certification is recorded as part of the records of the vacation. The treasurer shall withhold the certification only when propert…

50-1325. Easements — Vacation of. Easements shall be vacated in the same manner as streets.

50-1326. All plats to bear a sanitary restriction — Submission of plans and specifications of water and sewage systems to state department of environmental quality — Removal or reimposition of sanitary restriction. For the purposes of sections 50-1326 through 50-1329, Idaho Code,…

50-1327. Filing or recording of noncomplying map or plat prohibited. No person shall offer for recording, or cause to be recorded, a plat not containing a sanitary restriction, unless there is submitted for record at the same time the certificate of approval from the director of …

50-1328. Rules for the administration and enforcement of sanitary restriction. The state board of environmental quality may adopt rules pursuant to section 39-107(8), Idaho Code, including adoption of sanitary standards necessary for administration and enforcement, pursuant to se…

50-1329. Violation a misdemeanor. Any person, firm or corporation who constructs, or causes to be constructed, a building or shelter prior to the satisfaction of the sanitary restriction, or who installs or causes to be installed water and sewer facilities thereon prior to the is…

50-1330. Jurisdiction of public streets and public rights of way within a highway district. In a county with highway districts, the highway district board of commissioners in such district shall have exclusive general supervisory authority over all public streets and public right…

50-1331. Setting of interior monuments for a subdivision. Interior monuments for a subdivision need not be set prior to the recording of the plat of the subdivision if the land surveyor performing the survey work certifies that the interior monuments will be set on or before a sp…

50-1332. Setting interior monuments after recording of plat — Bond or cash deposit required — Release of bond — Return of cash deposit — Payment for survey work — County surveyor performing survey work. (1) If the interior monuments for a subdivision are to be set on or before a …

50-1333. Recording of plats with only exterior monuments referenced. (1) If the person subdividing any land has complied with subsection (1) of section 50-1332, Idaho Code, the professional land surveyor may prepare the plat of the subdivision for recording with only the exterior…

50-1334. Review of water systems encompassed by plats. Whenever any plat is subject to the terms and requirements of sections 50-1326 through 50-1329, Idaho Code, no person shall offer for recording, or cause to be recorded, a plat unless he or she shall have certified that he or…