Title 40 — HIGHWAYS AND BRIDGES

40-1507. Notice of election — Publication and contents. The commissioners of each county shall require its county clerk to give notice of the election in accordance with the provisions of title 34, Idaho Code. In addition, the notice shall state the purpose and date of the electi…

40-1508. elections — Time of holding. An election held under the provisions of this chapter shall be held in each of the highway districts and counties affected by the proposed consolidation and shall be held on the same day and conducted in accordance with the provisions of titl…

40-1509. Conduct of elections. (1) The polls shall be presided over by the appointed judges and clerks who must take an oath as judge and clerk of the highway district election and which oath shall obligate the judges and clerks to faithfully perform the duties of a board of elec…

40-1510. Defeat of proposal — Subsequent elections. The failure to carry the proposal to consolidate highway districts by at least a majority vote in any one (1) of the highway districts concerned shall defeat the entire proposal. Subsequent elections to consolidate highway distr…

40-1511. Count of votes — Canvass — Order for consolidation. Immediately following the close of the polls, the votes shall be counted in accordance with the provisions of title 34, Idaho Code. The board of county commissioners shall meet separately at their respective county seat…

40-1512. Subdivision of district — Appointment of highway commissioners — Consolidation, when effective. At the joint meeting, as provided by section 40-1511, Idaho Code, by a majority vote of all the commissioners present, the territory consolidated in one (1) highway district s…

40-1513. Highway district laws applicable — Exceptions — Tax levies. After the consolidation is effective, statutes relating to highway districts shall be applicable to the joint consolidated highway district, except as otherwise provided in this chapter. The assessing of propert…

40-1514. Organization of highway district commissioners — Computation of indebtedness of former districts. Immediately after consolidation is effected and highway commissioners are appointed, they shall meet and organize as provided by law, appoint required officers and designate…

40-1515. Property and moneys of former districts — Delivery to consolidated highway district. All property rights of the former highway districts shall be vested in and become the property of the consolidated highway district. The highway district commissioners and officers of ea…

40-1516. Separate accounts of funds and proceeds from former highway districts — Duties of treasurer. The highway district treasurer shall keep separate accounts of all moneys coming into his hands from each of the former highway districts, together with all moneys received from …

40-1517. Funding of indebtedness of former highway districts. If the consolidated highway district commissioners determine that valid outstanding indebtedness of any of the former highway districts, existing prior to the consolidation may be funded or refunded to the profit and b…

40-1518. Indebtedness prior to consolidation — Liability of property in former highway districts. It is expressly provided that property situated within the boundaries of a former highway district shall be liable for the indebtedness of that district existing prior to consolidati…

40-1519. Expenses of election. In all counties where highway district consolidation elections are held under the provisions of this chapter, county commissioners shall pay expenses of the elections from the election fund of the county.

40-1701. Legislative intent. It is the intent of the legislature in amending this chapter to declare that it is necessary in the further promotion, regulation, control and administration of the secondary highways within the state of Idaho for the electorate to adopt a secondary h…

40-1702. Countywide election to adopt method of secondary highway administration — Procedure. (1) In any county where there is a petition for an election to adopt a new method of administration of the secondary highways in the county, the procedure outlined in this chapter shall …

40-1703. Subsequent elections. Another election may be similarly called and held by the submission of petitions as provided by section 40-1702, Idaho Code, and any subsequent election shall not be held more often than six (6) years after the holding of any election submitting thi…

40-1704. Districts to be economically workable. Highway districts organized or consolidated from existing highway districts and areas served by a county road department, where applicable, under the provisions of this chapter shall consist of areas having sufficient mileage, equip…

40-1705. Organization of countywide highway districts — Highway district commissioners — Appointment — Terms — Election. (1) Countywide highway districts may be organized under the laws applicable to highway districts and for county highway districts, new highway districts, conso…

40-1706. Adjustment of highway district borders — Notice — Hearing — Decision of commissioners — Appeal. In areas where more than one (1) highway district exists and the highway districts were organized under the provisions of this chapter, the commissioners shall have the duty a…

40-1709. Inventory and financial statement of dissolved district — Disposition of property and obligations of dissolved district and county road departments. (1) Upon an election being held under the provisions of this chapter and an option being chosen, all affected highway dist…

40-1712. Highway study commission — Establishment — Membership. In each county required to conduct an election under the provisions of section 40-1702, Idaho Code, there shall be established a local highway study commission. The local highway study commission in each county shall…

40-1713. Meeting of highway study commission — Selection of option for submission — Election — Implementation of option — Retention of existing system. (1) The highway study commission shall meet at the county courthouse, at the call of the chairman, no later than one hundred fif…

40-1714. Expenses of election. In all counties where elections are held under the provisions of this chapter, commissioners shall pay expenses of the elections from the election fund of the county.

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 …

40-1901. Legislative intent and policy — Tourist related advertising devices. (1) The state of Idaho herewith finds and determines that the removal of tourist related signs which were lawfully created under state law in force at the time of their erection which do not conform to …

40-1902. Erecting and maintaining advertising displays. The provisions of this chapter and the regulation of erecting and maintaining advertising displays, insofar as the regulation may affect erecting and maintaining advertising displays visible from the interstate or primary sy…

40-1903. County zoning ordinances. It is the intention of the legislature to occupy the whole field of regulation by this chapter, except that nothing in this chapter prohibits enforcement of any or all of its provisions by persons designated to act by appropriate ordinances duly…

40-1904. Private and public notices. Nothing contained in this chapter applies to any advertising display used exclusively for: (1) Directional and other official signs and notices erected or maintained by public officers or agencies pursuant to and in accordance with direction o…

40-1905. Licenses required — Application. (1) No person shall engage in or carry on the business or occupation of outdoor advertising without first having paid the license fee provided by this chapter. (2) An application for a license shall be made by each outdoor advertising bus…

40-1906. Permits for placing advertising display — Application. (1) No person shall place any advertising display within the area affected by the provisions of this chapter in this state without first having secured a written permit from the department. (2) A separate application…