Title 40 — HIGHWAYS AND BRIDGES

40-602. Boundaries. The boundaries of each highway district shall be the same as are described by metes and bounds or other legal description upon the minutes or records of the commissioners of the respective county and upon copies of those records duly certified.

40-603. County highways recommended by commissioners — Approved by board. The commissioners of each county shall recommend highways for the county highway system to the board at least once a year and in a manner and form to be prescribed by the board. All recommendations shall cl…

40-604. Duties and powers of commissioners. Commissioners shall: (1) Exercise general supervision over all highways in the county highway system, including their location, design, construction, reconstruction, repair and maintenance, and develop general policies regarding highway…

40-605. laying out of highways — widening or straightening new and existing highways for the primary benefit of motor vehicles. (1) Commissioners may improve existing highways or lay out new highways within the county as they determine necessary to reduce traffic congestion or mo…

40-606. Condemnation of rights-of-way. (1) Whenever the commissioners or their director of highways shall be unable to agree with any person for a parcel of land, or the person shall be unknown or a nonresident of the county, or a minor, or an insane or incompetent person, the co…

40-607. County and highway district highway system construction, maintenance and right-of-way costs borne by the responsible county or highway district — Exceptions. The costs of constructing, reconstructing, maintaining and acquiring rights-of-way for highways in a county highwa…

40-608. Record of highway proceedings. The clerk of the commissioners shall keep a book in which must be recorded separately all proceedings of the commissioners relative to each highway division, including orders laying out, altering, and opening highways; and in a separate book…

40-609. Contracts to use dams as highways. Commissioners are empowered to make contracts in a form and under conditions deemed proper with the persons or corporations owning or proposing to construct any dam across any river in the state, providing for the use of the dam either i…

40-610. Report of condition of highways — Filing. On or before the first day of November in each year, the commissioners shall make a report of the condition of the work, construction, maintenance and repair of all the highways within the county, accompanied by a map or maps of t…

40-611. Report of financial condition — Publication. On or before the first day of November of each year, the commissioners shall make and file in its office a full, true and correct statement of the financial condition of the county in respect to highways as it exists on the fir…

40-612. Commissioners — Highway contracts. No commissioner shall have interest directly or indirectly in any contract awarded or to be awarded by the commissioners, or in the benefits to be derived from them. A violation of this provision shall be a misdemeanor, and a conviction …

40-613. Jurisdiction in adjoining counties. Commissioners of each county are empowered to lay out, build, repair, improve and maintain highways and bridges in any adjoining county whenever it shall appear to the commissioners that the laying out, building, repairing, improving or…

40-614. Service of notice on chairman or clerk of commissioners of adjoining county. At least thirty (30) days before the commissioners of a particular county shall proceed to do any work in any adjoining county, it shall cause a notice to be served, in writing, on the chairman o…

40-615. County and district boards — Cooperation with state. Commissioners of any county, or the board of commissioners of any highway district, are empowered to cooperate with the state in the construction of highways or bridges, with aid from the United States or the state. The…

40-616. Sidewalks or side paths. Commissioners and boards of commissioners of any highway district are empowered to set apart on and along any public highway outside the boundaries of incorporated cities a strip of land not exceeding eight (8) feet in width for a sidewalk or side…

40-617. Contracts for repair of highways. Commissioners shall, at least three (3) weeks prior to their regular meeting in October or March, or at other times as may become necessary, cause notice to be published in a newspaper, published in the county, for sealed bids to be recei…

40-618. Appointment of county director of highways. The commissioners of each county may appoint and employ a county director of highways, who shall be a person qualified in highway administration, construction and maintenance, to handle the technical and administrative phases of…

40-619. Duties and powers of county director of highways. The county director of highways shall: (1) Prepare and submit each year for the approval of the commissioners a tentative highway budget covering all proposed expenditures for the ensuing year. (2) Divide the county into a…

40-701. Highway distribution account — Apportionment. (1) There is established in the state treasury an account known as the "Highway Distribution Account," to which shall be credited: (a) Moneys as provided by sections 63-2412(1)(f)4. and 63-2418(4), Idaho Code; (b) All moneys c…

40-702. State highway account — Establishment. For the purpose of carrying out the provisions of this title, there is established in the dedicated fund of the state treasury an account to be known as the state highway account, which account shall include: (1) All moneys received …

40-703. Establishment of local bridge inspection account — Administration. In order to promote public safety at bridges on local public highways and to provide for the payment of the local matching share of federal funds available for periodic inspection of these bridges to compl…

40-704. Turnpike project accounts — Establishment. In order to provide for the redemption of and interest on turnpike revenue bonds, and construction, maintenance and operation of turnpike projects, there may be established in the dedicated fund of the state treasury an account t…

40-705. Transfer and control of funds. All funds, appropriations and other moneys from whatever source, now or subsequently appropriated and provided by law for the administration of the functions, powers and duties of the department and the board, including those of the state hi…

40-706. Disposition of motor vehicle registration money. All moneys collected in any county from the registration of motor vehicles, trailers and semitrailers shall be forwarded to the state treasurer not later than the fifteenth day of the month following the calendar month in w…

40-707. Appropriation of moneys in state highway account. (1) From federal funds within the state highway account, there are hereby continuously appropriated first such amounts as, from time to time, shall be certified by the Idaho housing and finance association to the state con…

40-708. Policy of legislature on expenditures. (1) It is the declared policy of the legislature that, except as otherwise provided, all highway-user revenues accruing to the state highway account be spent exclusively for the maintenance, construction and development of highways a…

40-709. Apportionment of funds from highway distribution account to local units of government. Commencing July 1, 1999, and each fiscal year thereafter, from the moneys appropriated from the highway distribution account to local units of government, three hundred twenty-six thous…

40-709A. petition for highway maintenance. (1) Any county or highway district may petition the Idaho transportation board to take action, as provided in this section, to provide for the maintenance of a highway or portion thereof under the jurisdiction of a county or highway dist…

40-711. Moneys of highway districts — Apportionment with counties. (1) Within ten (10) days after the organization of a highway board, it shall be the duty of the commissioners to pay over to the treasurer of the highway district the proper share of the district’s funds in the hi…

40-712. City’s portion of highway funds paid to auditor — Fiscal assistance funds. (1) Any city which maintains highways shall continue to receive their proportionate share of moneys distributed under section 40-709, Idaho Code, but in a single county-wide highway district organi…

40-713. Expenditure and applicability of funds. The commissioners and the board of commissioners of each highway district are empowered to expend all or any portion of moneys received by them from the highway distribution account, in cooperation with the state of Idaho or the Uni…

40-714. Budgeting and allocation of funds. (1) The commissioners shall budget and allocate the moneys from the highway distribution account to be available during the year for which the budget is made as in the manner now provided by law for the budgeting of its expenditures, and…

40-715. Transfer of sums allocable to counties, highway districts and cities — Disbursement. It is the duty of the state controller to draw warrants upon the state treasury for the transfer of the distributive sums allocable to the several counties, highway districts and cities, …

40-717. Deposit and disbursement of funds of the local highway technical assistance council — Administration. (1) Funds apportioned under section 40-709, Idaho Code, to the local highway technical assistance council shall immediately be deposited by the council in one (1) or more…

40-718. GARVEE funds established — Capital project fund — Debt service fund. (1) There is established in the state treasury a fund known as the "GARVEE Capital Project Fund" which shall include: (a) Any draw by the board of proceeds from the transportation bonds or notes issued b…

40-719. STRATEGIC INITIATIVES PROGRAM and strategic initiatives grant program. (1) The Idaho transportation department shall establish and maintain a strategic initiatives program. The purpose of the program is to fund transportation projects that are proposed by the department’s…

40-720. transportation expansion and Congestion mitigation program — fund established. (1) The Idaho transportation department shall establish and maintain a transportation expansion and congestion mitigation program. (2) The fund established pursuant to this section shall financ…

40-721. TRANSPORTATION EXPANSION AND CONGESTION MITIGATION PROGRAM CAPITAL PROJECT Fund — TRANSPORTATION EXPANSION AND CONGESTION MITIGATION Program DEBT SERVICE FUND. (1) There is hereby established in the state treasury the transportation expansion and congestion mitigation pro…

40-801. Authority and procedure for levies. (1) The commissioners of a county highway system, the commissioners of a county-wide highway district, and the commissioners of highway districts are empowered, for the purpose of construction and maintenance of highways and bridges und…

40-802. auditor to furnish market value for assessment purposes — Board to make levy. On or before the third Monday in July of each year the county auditor shall deliver to the secretary of each highway district within the county a statement showing the aggregate market value for…

40-803. Collection by county officials. The taxes levied by a highway board shall be extended on the general roll by the county assessor in a separate column at the rate fixed by the highway board and certified by the secretary of the highway board, at the same time the county ta…

40-804. Liability of county officials. All county officers entrusted with the assessment, collection, paying over or custody of taxes of any highway district within the county, and their sureties, shall be liable upon their official bonds for the faithful performance of their dut…

40-805. Payment of money to district. It is the duty of the tax collector of the county to pay over to the treasurer of the highway district all district tax moneys collected by him and payable to the district as soon as they are collected, and on or before the third Monday in Ju…

40-806. General laws applicable. All ad valorem highway taxes levied and assessed under the provisions of this title shall become due and delinquent and shall attach to and become a lien on the real property assessed at the same time as other county taxes. All the provisions of t…

40-807. Joint local highway jurisdiction bridges — Additional tax levy. (1) Any two (2) or more local highway jurisdictions in the state are empowered to join in the construction, maintenance and repair of bridges at places where the bridges will directly benefit each of the loca…

40-808. Creation of special tax districts — Apportionment of costs. As a highway is built and completed with the proceeds of a bond issue within an area of land which under a resolution of a highway district board is provided, there may be created a special tax district. When the…

40-809. Appeal from order of highway district board in special tax districts. Within thirty (30) days after the filing provided for in section 40-808, Idaho Code, but not after the expiration of the thirty (30) days, any owner of land within a special taxing district may file in …

40-810. Levy in special tax districts. When an order of the highway district board has become final and conclusive, the board shall levy upon all the land within the special tax district created by the order a special tax equal in amount to the amount so charged in the order agai…

40-811. Limitations on levy in special tax districts. No special tax or charge shall be made by a highway district against land within a special tax district until the highway has been completed to within at least one (1) mile of all the land within the special tax district, the …

40-812. Collection of taxes in special tax districts. The land within each special tax district is charged with a lien in favor of the highway district to the extent of the entire amount of all special taxes levied on the land within the special tax district in accordance with th…