Title 50 — MUNICIPAL CORPORATIONS

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…

50-1401. Real property owned by cities — Method of conveyance or exchange. It is the intent of this chapter that cities of the state of Idaho shall have general authority to manage real property owned by the city in ways which the judgment of the city council of each city deems t…

50-1402. Declaration of value of property. Whenever the city council proposes to convey, exchange or offer for sale any real property, it shall first declare the value or minimum price, if any, it intends to receive as a result of such conveyance or exchange. The city council may…

50-1403. Disposition after hearing. After a public hearing has been conducted, the city council may proceed to exchange, convey or offer for sale the real property in question, subject to the restrictions of section 50-1401, Idaho Code. The city council shall be governed by the f…

50-1404. Terms of sale. Real property may be sold for cash or on contract for a period not exceeding ten (10) years, with a rate of interest on all deferred payments as determined by the city council. The title to all property sold on contract shall be retained in the name of the…

50-1405. Conveyance — Disposition of proceeds. The proceeds received from the sale or exchange of property shall be utilized in a manner consistent with provisions of law regarding revenues received by the city.

50-1406. Disposal of land acquired by foreclosure — Excess proceeds. Should real property be acquired as the result of a foreclosure of any improvement lien, or where a deed has been made and executed by the owner to the city in satisfaction of an improvement lien, and thereafter…

50-1407. Leases. The mayor and council may, by resolution, authorize the lease of any real or personal property not otherwise needed for city purposes, upon such terms as the city council determines may be just and equitable.

50-1408. Disposal of land acquired by foreclosure — Excess proceeds. Should the property acquired as the result of a foreclosure of any improvement lien, or where a deed has been made and executed by the owner to the city in consideration of such improvement lien, bring more than…

50-1409. Leases. The mayor and council may, by resolution, authorize the lease of any property not needed for city purposes, upon such terms as may be just and equitable. The provisions of sections 50-1401 through 50-1409 shall not apply to the vacation or discontinuance of stree…

50-1501. Purpose stated. Retirement, with continuance of pay for themselves, provision for dependents and pay during temporary disability, and the encouragement of long tenure in police service of paid policemen becoming aged or disabled in the service of the state or any of its …

50-1502. Definitions. The following are definitions of terms used in sections 50-1501 through 50-1524, Idaho Code: (a) "Paid policeman" means any individual who is on the payroll of any city in the state of Idaho and who devotes his or her principal time of employment to the care…

50-1503. Establishment of retirement fund. The city council of any city in the state of Idaho may, in accordance with sections 50-1501 through 50-1524, establish a "policeman’s retirement fund" providing, that when such fund shall have been established, as hereinafter provided, i…

50-1504. Board of police retirement fund commissioners — Election — Term of office — Duties. The city council of any city, having elected to establish a policeman’s retirement fund, together with three (3) members of the police department, shall constitute the board of the police…

50-1505. Policeman’s retirement fund. There is hereby created a special fund in the treasury of the city to be designated and known as the policeman’s retirement fund for the purpose of providing retirement pay and other benefits for paid policemen, as defined herein, becoming ag…

50-1506. Appropriation of fund. All moneys coming into the said fund shall be continuously appropriated for the objects, uses and purposes provided herein by sections 50-1501 through 50-1524 and to pay all or any costs and expenses of administration thereof by the said board of p…

50-1507. Administration of fund. The policeman’s retirement fund shall be administered by the chairman of the board of police retirement fund commissioners.

50-1508. Actions by and against board. The said board of police retirement fund commissioners shall have the power to sue or be sued in all courts of the state in all matters arising out of the administration, management and enforcement of the provisions of sections 50-1501 throu…

50-1509. Employees of board. The said board of police retirement fund commissioners shall have power to engage assistants, experts, accountants, clerks and other employees which may be found necessary to carry out the provisions of sections 50-1501 through 50-1524, the same to be…

50-1510. Personal liability of board members or their employees. The board of police retirement fund commissioners shall not, nor shall any person employed by any commissioners, be personally liable in his private capacity for or on account of any act performed or entered into in…

50-1511. Audit of claims. All claims against said fund shall be examined, audited and allowed in the manner now provided or hereafter provided for by law for claims against any city.