Title 40 — HIGHWAYS AND BRIDGES

40-1801. Districts subject to dissolution. Any highway district of the state, except a single countywide highway district formed pursuant to chapter 14, title 40, Idaho Code, may be dissolved as provided in this chapter. Sections 40-1806 through 40-1821, Idaho Code, shall apply t…

40-1802. Petition for dissolution — Contents. All proceedings for the dissolution of highway districts shall be initiated by a petition of twenty-five (25) or more qualified electors of the district, addressed to the commissioners of the county in which the district is situate, a…

40-1803. Order for hearing upon petition. The petition shall be filed with the clerk of the commissioners and at its next regular meeting, or at any special meeting called for that purpose, and the commissioners shall by an order fix a time and place for the hearing of the petiti…

40-1804. Notice of petition and hearing. The commissioners shall require their clerk to cause a notice to be published in accordance with the provisions of section 40-206, Idaho Code, setting forth that a petition has been filed, the prayer of the petition and notice of the time …

40-1805. Hearing — Order for election. At the time and place specified in the notice, the commissioners shall proceed to consider the petition and all written objections to it, and shall hear all persons in relation to it, and shall hear or take testimony as may be offered or as …

40-1806. Election officers — Notice of election. The county clerk shall appoint judges for the election, to be chosen from the electors of the district and the county commissioners shall by order establish polling places. The county clerk shall publish notice of the election in a…

40-1807. Qualifications of voters. Any person residing in the district possessing the qualifications required by law for a voter at any general election of the state shall be entitled to vote in the election.

40-1808. Conduct of elections. (1) The polls in all elections shall be presided over by the judges and clerks appointed by the county clerk. (2) All elections shall be conducted in accordance with the provisions of title 34, Idaho Code.

40-1809. Counting votes — Canvass — Order of dissolution. Immediately following the close of the polls at the time specified in the notices of election the votes shall be counted in accordance with the provisions of title 34, Idaho Code. The board of county commissioners shall ca…

40-1810. Expenses of dissolution — How borne and paid. All expenses of proceedings to dissolve highway districts, including the posting and publication of notices of hearings on the petitions and of the election, the printing of ballots and compensation of judges and clerks of el…

40-1811. Disposition of surplus funds and property of dissolved system or district. (1) After final payment of all expenses of proceedings in relation to dissolution and of all legal claims, liabilities, bonded and other indebtedness of the dissolved highway district, and after l…

40-1812. Provision for payment of current claims. As a part of the proceedings of and order for dissolution of a district, the commissioners shall make a determination, so nearly as may be done, of the total indebtedness of the dissolved district, including bonded, funded bond, a…

40-1813. Dissolution of district situated in two or more counties. When any highway district is to be dissolved, situate in two (2) or more counties, the commissioners of the county whose county seat is situated most nearly to the geographical center of the district, shall have j…

40-1814. Districts in two or more counties — Provision for payment of indebtedness upon dissolution. The commissioners of the county in which the petitions for dissolution are filed, shall determine the indebtedness of the entire district and shall provide for the payment of the …

40-1815. Jurisdiction of property of dissolved district situated in two or more counties. The succeeding operational unit of the county in which the proceedings for the dissolution of highway districts, situated in two (2) or more counties are had, or the commissioners of the cou…

40-1816. Control of bridges and highways of dissolved district. From and after the entry of the order for dissolution of any highway district, the commissioners of the county where the district was situate, or the succeeding operational unit, shall have the same control over all …

40-1817. Limitation on new proceedings for dissolution. When any proceedings for dissolution of any highway district shall have failed of adoption, either on account of order of the commissioners or at election, no new proceedings for dissolution of the district shall be initiate…

40-1818. Validity of outstanding obligations. Nothing in this chapter shall be construed as impairing the validity of any outstanding bonds or warrants of a dissolved system or district.

40-1819. Acts and proceedings established or commenced before chapter takes effect not affected. This chapter shall not affect any act done, ratified or confirmed, or any right accrued or established, or any action or proceeding had or commenced in a civil or criminal cause befor…

40-1820. Continuance in service of employees of dissolved system or district. All persons in the employ of any dissolved city highway system or highway district may be continued in service so far as their services may be required by the succeeding operational unit.

40-1821. No district dissolved until succeeding operational unit in existence. No highway districts dissolved under the terms and provisions of this chapter shall be deemed to have been dissolved and shall not cease to operate and perform their duties and obligations until there …