Title 40 — HIGHWAYS AND BRIDGES

40-1907. Permits and licenses — Issuance — Fees. (1) The department, in accordance with the provisions of this chapter, shall issue or renew permits and licenses for a period of at least one (1) year for the erection or maintenance of all type of outdoor advertising structures, s…

40-1908. Bond of out-of-state licensee or permittee. When an application for a license or permit or for renewal is made by a nonresident or by a foreign corporation engaged in the business of outdoor advertising, the department in its discretion, as a condition to the issuance of…

40-1909. Identification of advertising structures — Placing structure without permit plate — Violation. (1) The department shall require that each outdoor advertising structure, sign or display shall bear an identification tag or plate to be issued by the department, and if erect…

40-1910. Location of displays. No advertising display shall be placed or maintained in any of the following locations or positions or under any of the following conditions or if the advertising structure or sign is of the following nature: (1) Within the right-of-way of any highw…

40-1910A. Removal of off-premises outdoor advertising prohibited without compensation. (1) No governmental entity, including the state, or any municipality, county or other political subdivision shall remove or cause to be removed any legally placed off-premises outdoor advertisi…

40-1911. General prohibitions. Notwithstanding any other provision of this chapter, no advertising display shall be erected or maintained within six hundred sixty (660) feet from the edge of the right-of-way of the interstate and primary system of highways within this state excep…

40-1912. Industrial or commercial zones. (1) The provisions of section 40-1911, Idaho Code, shall not apply to those segments of the interstate and primary system of highways which traverse and abut on commercial, business or industrial zones within the boundaries of incorporated…

40-1913. Removal of displays. Any outdoor advertising which is not in compliance with the provisions of this chapter may be removed by the department. Just compensation shall be paid upon the removal of any outdoor advertising sign, display, or device lawfully erected under state…

40-1914. Local ordinances. The provisions of this chapter shall not be construed as permitting a person to place or maintain in existence on or adjacent to any interstate or primary highway, any outdoor advertising prohibited by law or by an ordinance of a city or county.

40-1915. Nuisances. All advertising displays which are placed or which exist in violation of the provisions of this chapter are public nuisances and may be removed by any public employee as is further provided in this chapter.

40-1916. Penalty — Remedies cumulative. (1) Any person who erects an advertising display, or who, as principal, agent or employee, causes or orders an advertising display to be erected, or one who permits an advertising display to be erected or maintained on land owned or leased …

40-1919. Junkyards as public nuisances. For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highwa…

40-1920. License — Renewal — Fee. No person shall operate, establish, or maintain a junkyard, any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way of any highway on the interstate or primary system without obtaining a license from the b…

40-1921. Requirements for license. Licenses shall be granted for the operation of those junkyards within one thousand (1,000) feet of the nearest edge of the right-of-way of any highway on the interstate or primary system meeting the following requirements: (1) Are screened by na…

40-1922. Dump permits — Renewal — Fee — Screening by owner. No person shall operate, establish, or maintain a dump, any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way of any highway on the interstate or primary system without obtainin…

40-1925. Enforcement — Revocation of license or permit — Notice — Hearing. (1) The department or board may revoke any license or permit for the failure to comply with the provisions of this chapter and may remove and destroy any advertising display placed or maintained in violati…

40-1926. Violations as public nuisances — Injunctions — Venue. All violations of this chapter are hereby declared to be public nuisances. The board may apply to the district court of the county in which the unlawful junkyard or dump is located for an injunction prohibiting furthe…

40-2001. Relocation aid for persons displaced by public programs — Legislative finding. The legislature finds and declares that the prompt and equitable relocation and reestablishment of persons, families, businesses, farmers, and nonprofit organizations displaced as a result of …

40-2002. Relocation advisory assistance. Any agency is authorized, as a part of the cost of any program or project, to give relocation advisory assistance to any individual, family, business or farm operation displaced because of the acquisition of real property for any project. …

40-2003. Local relocation advisory assistance offices. Any agency may, as a part of the cost of any public program or project, establish a local relocation advisory assistance office or agency to assist in obtaining relocation facilities for individuals, families and businesses w…

40-2004. Relocation expense — Compensation options — Limit of compensation for business or farm relocations. (1) As a part of the cost of any public program or project, any agency using any funds for public purposes shall compensate a displaced person for his actual and reasonabl…

40-2005. Purchase assistance to relocating owner-occupant — Lease or down payment assistance to relocating tenant. (1) In addition to the payments authorized by section 40-2004, Idaho Code, an agency shall make a payment to the owner of a dwelling, provided the dwelling has been …

40-2006. Housing replacement as last resort. (1) If any federally-assisted program or project construction cannot commence because comparable replacement sale or rental housing is not available, and the agency determines that housing cannot otherwise be made available, it may tak…

40-2007. Compensation for miscellaneous expenses. In addition to amounts authorized by this chapter, any agency as a part of the cost of any public program or project, shall reimburse the owner of real property acquired for a project for reasonable and necessary expenses incurred…

40-2008. Computation of replacement housing payment during condemnation proceedings — Adjustment after judgment. In the event an acquisition payment to an owner-occupant for a dwelling cannot be finally determined because condemnation proceedings may become necessary or are pendi…

40-2009. Relocation payments not income. No payment received under this chapter shall be considered as income for the purposes of the state personal income tax law or state corporation tax law, nor shall the payments be considered as income or resources to any recipient of public…

40-2010. Review of determinations. Any displaced person aggrieved by a determination as to the eligibility for a payment authorized by this chapter, or the amount of the payment, may have his application reviewed. Proceedings for review of any action taken by the agency pursuant …

40-2011. Eminent domain damages unaffected. Nothing contained in this chapter shall be construed as creating, in any condemnation proceedings brought under the power of eminent domain, any element of damages not in existence under the laws of the state of Idaho on July 1, 1985.

40-2012. Federal uniform relocation assistance act. (1) Regardless of any of the other provisions of title 40, chapter 20, Idaho Code, when any department, agency or instrumentality of the state, or any county, municipality, or other political subdivision, or any other public or …

40-2013. Costs and attorney’s fees. Any moving and relocation costs which will accrue as a result of a condemnation undertaken pursuant to chapter 7, title 7, Idaho Code, or pursuant to this chapter, shall be paid by the condemner as required by law. If such costs are not paid by…

40-2101. Short title. This chapter may be known and cited as the "Regional Public Transportation Authority Act."

40-2102. Policy of state. It is hereby recognized by the legislature of the state of Idaho that, as the population and economy of areas of this state grow, the total needs for mobility of commerce and people cannot be met solely with highway and road systems; that motor vehicle c…

40-2103. Definitions. (1) "Authority" means the regional public transportation authority. (2) "Board" means the governing body of the regional public transportation authority. (3) "City" means an incorporated city. (4) "Commission" means the board of county commissioners or the b…

40-2104. Purpose of authority. The purpose of an authority created pursuant to this chapter is to establish a single governmental agency oriented entirely toward public transportation needs within each county or region that deems such an agency necessary. This authority, a politi…

40-2105. Creation of authority — Voter approval — Name. Authorities may be established in one (1) of the following ways: (1) (a) County-wide authorities. A city or commission by resolution may call for an election to establish a regional public transportation authority in the cou…

40-2106. Authority board. (1) Each authority shall have a governing board appointed by and serving at the pleasure of the governing bodies of counties, incorporated cities and highway districts located wholly or partially within the authority. (2) The board initially shall be com…

40-2107. Board procedures. (1) At its first meeting following the appointment of all members, the board shall elect a chairman and a vice chairman from their number and appoint a secretary and a treasurer who need not be from their number for terms fixed by them. The offices of t…

40-2108. Corporate powers of an authority. A regional public transportation authority has power: (1) To sue and be sued; (2) To raise and expend funds as provided in this chapter; (3) To issue revenue bonds; (4) To adopt and use an official seal; (5) To purchase and hold lands, m…

40-2109. Powers and duties of board. (1) Only one (1) regional public transportation authority shall exist within a county and when established pursuant to this chapter the authority will have exclusive jurisdiction over all publicly funded or publicly subsidized transportation s…

40-2110. Contributions. The counties, cities, highway districts and other governmental entities within the region may, at their discretion, enter into a cooperative agreement with the authority in order to contribute funds from any source, provide services-in-kind and loan or con…

40-2111. Issuance of revenue bonds. A regional public transportation authority may issue revenue bonds in the same manner and form as under the municipal bond law contained in chapter 10, title 50, Idaho Code, provided that the ordinance required therein shall be by resolution of…

40-2112. Budget. (1) The board shall annually adopt a budget and cause a public hearing to be held upon the budget. (2) Notice of the budget hearing shall be posted at least ten (10) days prior to the date of the meeting in at least one (1) conspicuous place in each county within…

40-2113. Exemption from taxation. It is hereby found, determined and declared that the creation of a regional public transportation authority is in all respects for the benefit of the people of the state of Idaho, for the improvement of their welfare and prosperity, and for the p…

40-2114. Severability. The provisions of this chapter are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the …

40-2201. Highway districts subject to detachment. A portion of the territory of an existing highway district, provided that the district is not a single county-wide highway district organized under the provisions of chapter 14, title 40, Idaho Code, whether the district is situat…

40-2202. Petition. Whenever electors of a portion of the territory embraced in any existing highway district desire that their portion be detached from the highway district and organized into a new highway district, a petition describing the territory by its boundaries, signed by…

40-2203. Order for hearing upon petition. Immediately upon its next regular meeting or at a special meeting called for that purpose, the highway district commissioners shall by order or resolution fix a time and place for a hearing of the petition, which time shall not be less th…

40-2204. Notice of hearing and petition. The highway district commissioners shall require their clerk to have a notice published in accordance with the provisions of section 40-206, Idaho Code, setting forth the fact that a petition has been filed with the commissioners. The noti…

40-2205. Hearing — Order for detachment and organization. At the time and place specified in the notice, the highway district commissioners shall consider the petition and all written objections filed with them and shall hear all persons in relation to it. Upon the conclusion of …

40-2206. New highway district — Establishment of subdistricts. When the commissioners of the existing highway district order the establishment of a new highway district, they shall have the duty to name the new highway district and to divide the new highway district into three (3…