Title 40 — HIGHWAYS AND BRIDGES

40-2301. Right of entry to make surveys. Agents and employees of the board, county commissioners and highway district commissioners shall have the right to enter upon any land to make surveys for any of the purposes of this title in the manner provided by law. Agents and employee…

40-2302. Public acquires fee simple title — Record and dedication of highways. (1) By taking or accepting land for a highway, the public acquires the fee simple title to the property. The person or persons having jurisdiction of the highway may take or accept lesser estate as the…

40-2303. Public use of private dam or bridge. No right shall be deemed to have vested in the public for highway or other purposes, where free use may be granted to the public to a right-of-way for the purposes of travel, over and upon any dam or bridge constructed over and across…

40-2304. Construction of sidewalks. Any owner or occupant of land may construct a sidewalk on the highway along the line of his land subject to authority conferred by law on the respective highway or county commissioners and the director of highways. Any person using the sidewalk…

40-2305. Personal delivery devices. (1) Notwithstanding any provision of law to the contrary, a personal delivery device as defined in section 49-117, Idaho Code, is authorized to operate on sidewalks, crosswalks, and the sides or berms of highways; provided, however, that this s…

40-2306. Felling tree into highway — Penalty. Whoever cuts down a tree so that it falls upon a highway shall remove the tree, and is liable to a penalty of ten dollars ($10.00) for every day the tree remains on the highway.

40-2307. Removal of fallen trees. Any person may notify the occupant or owner of any land from which a tree or other obstruction has fallen upon any highway to remove the tree or obstruction. If it is not removed, the owner or occupant is liable to a penalty of ten dollars ($10.0…

40-2308. Corporations may lay tracks and water mains. Every gas, water, or railroad corporation has the power to lay conductors and tracks through the public ways and squares in any city with the consent of the city authorities, and under reasonable regulations and for just compe…

40-2309. Railroad crossings. Whenever highways are laid out to cross railroads on public lands, the owners or corporations using the same highway shall, at their own expense, so prepare the highway that it may cross without danger or delay, and when the right-of-way for a public …

40-2310. Cattle guards across roads — Landowner’s right to construct — Gates. (1) The owner, or lessee of any land crossed by any highway, except highways maintained by the department, who encloses the land with a lawful fence, shall, with the consent of the commissioners, highwa…

40-2311. Penalty for defacing or destroying signs, signposts or facilities. It shall be unlawful for any person to deface or destroy any signs, signposts, guideposts, or any inscription on them, or facilities erected by or under the direction of the board, a director of highways,…

40-2312. Width of highways. (1) Where the width of a highway is stated in the plat, dedication, deed, easement, agreement, official road book, determination or other document or by an oral agreement supported by clear and convincing evidence that effectively conveys, creates, rec…

40-2313. Trails for livestock — Laying out — Rules concerning use — Penalty. (1) County or highway commissioners are authorized to lay out highways or designate existing highways, within their respective jurisdictions, to be used as trails for livestock. These highways may be of …

40-2314. Passageways for stock. Passageways for stock passing beneath any highway must be bridged with suitable plank not less than eighteen (18) feet in length, and it shall be lawful for the fences of either side to converge to the bridge over the passageway. The passageway mus…

40-2315. Damage to highways or ditches by livestock. (1) Any person owning livestock or an employee or agent of the owner of livestock, who shall drive, range or graze the livestock along or across the public highways or ditches, or who shall permit them to range or graze along o…

40-2316. Private highways — Establishment. Private highways may be opened for the convenience of one or more residents of any county highway system or highway district in the same manner as public highways are opened, whenever the appropriate commissioners may order the highway t…

40-2317. Removal of fences. When the alteration of an old or the opening of a new highway makes it necessary to remove fences on land given, purchased or condemned by order of a court for highway purposes, notice to remove the fences shall be given by the director of highways to …

40-2318. Turning highways across private lands. If any person, through whose land any public highway is established, is desirous of turning the highway through any other part of his land, that person may, by petition, apply to the appropriate commissioners to permit him to turn t…

40-2319. Encroachments — Removal — Notice — Penalty for failure to remove — Removal by county or highway district — Abatement. (1) If any highway or public right-of-way under the jurisdiction of a county or highway district is encroached upon by gates, fences, buildings, or other…

40-2321. Bridges and culverts. Any person intending to run water across any public highway must first, under the direction and with the approval of the directors of highways of the county or district, or if the highway be the boundary of two (2) counties or districts, then, under…

40-2322. Construction or repair of bridges and culverts by director of highways. If any person owning or having ditches across any public highway, fails or neglects to build bridges or culverts over them as required, or to keep them, or the public highway in good repair, it is th…

40-2323. Abatement of flooding of highways — Right of entry — Court action for abatement. (1) If the owner or occupant of land lying adjacent to or near any highway laid out or constructed, or any other person, shall maintain or cause to be maintained, or allow any dam, dike, or …

40-2324. Authorization and compensation for maintenance of public highways. Whenever any nongovernmental entity desires to maintain all or part of a public highway or public right-of-way and desires to receive compensation for such maintenance may petition the appropriate public …