reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › ANNEXATION › Section 40-1615 - PETITION FOR ANNEXATION.

40-1615. PETITION FOR ANNEXATION. (1) The proceedings for inclusion shall be initiated by petition of twenty per cent (20%) of the qualified electors in the area proposed to be annexed to and included within the highway district. The petition shall accurately describe the boundaries of the area to be annexed, and shall state the name and identify the highway district to which the annexation is sought, and shall be accompanied by a map showing and distinguishing the boundaries of the highway district and the boundaries of the area proposed to be annexed to the highway district.
(2) Proposals for the annexation of territory consisting entirely of public lands, or of a combination of public lands and privately held lands but which have no qualified electors to initiate a petition, may be initiated by petition of the highway commissioners of the district to which the proposed annexation is to be made.
History:
[40-1615, added 1985, ch. 253, sec. 2, p. 671.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › ANNEXATION › Section 40-1616 - REQUIRED EXHIBITS IN CONNECTION WITH PETITION.

40-1616. REQUIRED EXHIBITS IN CONNECTION WITH PETITION. The petition, accompanied by a map and also by a certified copy of a resolution of the highway commissioners of the highway district approving and consenting to the inclusion and annexation shall be filed with the clerk of the commissioners.
History:
[40-1616, added 1985, ch. 253, sec. 2, p. 671.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › ANNEXATION › Section 40-1617 - HEARING ON PETITION — NOTICE.

40-1617. HEARING ON PETITION — NOTICE. Upon the filing of petitions, the commissioners shall fix a time for hearing the petition and shall cause a notice to be published in accordance with the provisions of section 40-206, Idaho Code, and shall describe the area proposed to be annexed to the highway district.
History:
[40-1617, added 1985, ch. 253, sec. 2, p. 671.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › ANNEXATION › Section 40-1618 - OBJECTIONS TO PETITION — HEARING.

40-1618. OBJECTIONS TO PETITION — HEARING. Any qualified elector in the area to be annexed, and any qualified elector of the highway district, may file objections to the petition and may be heard at the hearing. Objections must be filed prior to or at the time of the hearing.
History:
[40-1618, added 1985, ch. 253, sec. 2, p. 671.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › ANNEXATION › Section 40-1619 - APPROVAL OR REJECTION OF PETITION.

40-1619. APPROVAL OR REJECTION OF PETITION. Upon the hearing of the petition the commissioners may approve or reject the petition. The commissioners, upon the approval of the highway commissioners, may modify the area described in the petition.
History:
[40-1619, added 1985, ch. 253, sec. 2, p. 671.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › ANNEXATION › Section 40-1620 - ORDER OF ANNEXATION.

40-1620. ORDER OF ANNEXATION. If the commissioners shall find that the annexation by the highway district is for the best interests of the highway system in the county, then the commissioners shall order that the area, or any modifications of it made by the commissioners, shall be annexed to the highway district, and an order shall be entered in the minutes of the commissioners, and the area shall then constitute and be a part of the highway district.
History:
[40-1620, added 1985, ch. 253, sec. 2, p. 672.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › ANNEXATION › Section 40-1621 - FILING OF CERTIFIED COPIES OF ORDER.

40-1621. FILING OF CERTIFIED COPIES OF ORDER. The commissioners shall cause one (1) certified copy of the order to be filed for record in the office of the county recorder of the county in which the highway district is situate, and shall transmit a certified copy of the order to the highway commissioners of the highway district to which the area is annexed.
History:
[40-1621, added 1985, ch. 253, sec. 2, p. 672.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › ANNEXATION › Section 40-1622 - EFFECT OF ANNEXATION.

40-1622. EFFECT OF ANNEXATION. The area annexed to the highway district shall be placed by the highway commissioners of the district into the subdistrict or subdistricts of the district as they shall determine and shall be subject to taxation for the payment of all of the outstanding obligations of the district existing at the time of annexation, and subject to taxation as all other lands of the district for the operation of the highway system of the district.
History:
[40-1622, added 1985, ch. 253, sec. 2, p. 672.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › ANNEXATION › Section 40-1623 - CONTESTING PROCEEDINGS — TIME LIMIT.

40-1623. CONTESTING PROCEEDINGS — TIME LIMIT. After the order of annexation is made by the commissioners, the validity of the proceedings shall not be affected by any defect in the petition or in the number or qualification of its signers, and no action shall be commenced or maintained or defense made affecting the validity of the annexation after six (6) months from and after the making and entering of the order by the commissioners.
History:
[40-1623, added 1985, ch. 253, sec. 2, p. 672.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › ANNEXATION › Section 40-1624 - ANNEXATION OF CONTIGUOUS TERRITORY.

40-1624. ANNEXATION OF CONTIGUOUS TERRITORY. Additional territory adjoining a highway district and lying contiguous with and within one (1) or more counties may be added to and be included in the district, by the affirmative vote of a majority of the qualified electors of the additional territory voting on the question at an election held for that purpose, which vote shall be taken at an election on a date authorized in section 34-106, Idaho Code. Additional territory shall not be annexed to or included in the district unless annexation and inclusion shall be first approved by the commissioners of the county in which the area proposed to be annexed is located if it shall be deemed to be in the best public interest, and by the highway district commissioners of the existing district by resolution, entered on their minutes prior to the election on the question of annexation.
History:
[40-1624, added 1985, ch. 253, sec. 2, p. 672; am. 2009, ch. 341, sec. 89, p. 1045.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › ANNEXATION › Section 40-1625 - ELECTION DATE WHERE TERRITORY LIES IN MORE THAN ONE COUNTY.

40-1625. ELECTION DATE WHERE TERRITORY LIES IN MORE THAN ONE COUNTY. Where territory to be annexed lies in more than one (1) county the election shall be held on the same day as it is mutually determined by agreement between the commissioners of both counties concerned on a date authorized in section 34-106, Idaho Code.
History:
[40-1625, added 1985, ch. 253, sec. 2, p. 672; am. 2009, ch. 341, sec. 90, p. 1045.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › ANNEXATION › Section 40-1626 - PETITION FOR ELECTION — ELECTION.

40-1626. PETITION FOR ELECTION — ELECTION. The election shall be conducted in accordance with the general election laws of the state. A petition for the election shall be initiated by not less than twenty-five (25) property owners, or all property owners if there are less than twenty-five (25) in the proposed area to be annexed. The proposed area to be annexed shall be set forth with clarity as to be specifically identified by a map of the area. The petition upon being signed shall be submitted to the commissioners of the highway district and to the commissioners concerned. The petition shall, within thirty (30) days after presentment, be either approved or rejected by the recorded motion of the commissioners in their minutes. Upon the petition being approved by the commissioners of the county in which the territory or a part is situated and the commissioners of the highway district, a certified copy of the petition, together with a certified copy of the resolution of the highway commissioners approving the petition for annexation and with the proposed election precinct boundaries and polling place, shall within ten (10) days be transmitted by the highway commissioners to the county clerk of the county or counties, in which the territory to be annexed lies. The commissioners in the county in which the territory lies shall then within sixty (60) days fix a time for the election on a date authorized in section 34-106, Idaho Code. The commissioners and county clerk shall do all things necessary for the holding of an election in conformity with the general election laws of the state. Upon the election being had the result shall be canvassed, declared and the result certified by the commissioners.
History:
[40-1626, added 1985, ch. 253, sec. 2, p. 672; am. 2009, ch. 341, sec. 91, p. 1046.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › ANNEXATION › Section 40-1627 - MAJORITY VOTE REQUIRED APPROVING ANNEXATION — ACTION OF COMMISSIONERS.

40-1627. MAJORITY VOTE REQUIRED APPROVING ANNEXATION — ACTION OF COMMISSIONERS. If, after canvassing the election, a majority of the qualified electors of the additional territory voting are in favor of the annexation, then the commissioners must order that the additional area shall be annexed to the highway district and an order shall be entered in their minutes, and the area shall then constitute and be a part of the highway district. Where the area to be annexed lies in a county other than the county in which the election was held, duplicate copies of the result of the election, copy of the canvass and order annexing the area to the highway district shall be immediately transmitted by the county clerk of the county in which the election was held to the county clerk of the county in which the highway district lies, and shall be immediately approved by the commissioners and recorded in their minutes.
History:
[40-1627, added 1985, ch. 253, sec. 2, p. 673.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › ANNEXATION › Section 40-1628 - CERTIFICATION BY COMMISSIONERS OF ORDER APPROVING ANNEXATION.

40-1628. CERTIFICATION BY COMMISSIONERS OF ORDER APPROVING ANNEXATION. The commissioners shall file one (1) certified copy of the order for record in the office of the county recorder of the county in which the highway district is situated, and shall transmit a certified copy of the order to the commissioners of the highway district of which the area is annexed.
History:
[40-1628, added 1985, ch. 253, sec. 2, p. 673.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › ANNEXATION › Section 40-1629 - TAXATION OF ANNEXED AREA FOR OUTSTANDING OBLIGATIONS.

40-1629. TAXATION OF ANNEXED AREA FOR OUTSTANDING OBLIGATIONS. Upon annexation, the area next to the highway district shall be and become a part of it and shall be subject to taxation for the payment of all the outstanding obligations of the district existing at the time of annexation, and be subject to taxation as all other lands of the district for the operation of the highway system of the district.
History:
[40-1629, added 1985, ch. 253, sec. 2, p. 673.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 16 - DETACHMENT OR ANNEXATION OF TERRITORY › ANNEXATION › Section 40-1630 - PAYMENT OF COSTS OF ELECTION.

40-1630. PAYMENT OF COSTS OF ELECTION. The costs of the election shall be paid by the county or counties conducting the election.
History:
[40-1630, added 1985, ch. 253, sec. 2, p. 674; am. 2009, ch. 341, sec. 92, p. 1046.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 17 - COUNTY HIGHWAY REORGANIZATION › Section 40-1701 - LEGISLATIVE INTENT.

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 highway system at the county level and for the elimination of impractical and uneconomical units and still maintain the element of home rule and administration of secondary highways within the various county and highway district systems exclusive of the state highway system.
History:
[40-1701, added 1998, ch. 415, sec. 1, p. 1308.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 17 - COUNTY HIGHWAY REORGANIZATION › Section 40-1702 - COUNTYWIDE ELECTION TO ADOPT METHOD OF SECONDARY HIGHWAY ADMINISTRATION — PROCEDURE.

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 be followed.
(2) The petitions signed by five percent (5%) of the qualified voters or twenty-five (25) persons, whichever is greater, of each highway district and the area served by a county road department, where applicable, within the county may be filed with the county clerk and upon the commissioners finding that the petitions have been properly signed and filed, cause the formation of a local highway study commission as provided in section 40-1712, Idaho Code, prior to submitting the matter to vote of the entire county at the next general election, providing that the next general election is not less than one hundred eighty (180) days from the filing of the petitions. All of the laws of the state relating to holding of elections at the county level shall apply to the holding of the election and the notice of election shall notify the electors of the issues to be voted upon at the election, and publication of a notice shall be in accordance with the provisions of title 34, Idaho Code. Public hearings within the county shall be held, as deemed advisable, by the highway study commission.
(3) The election shall be conducted in such a manner that the vote is canvassed separately in each of the existing highway districts and the area served by a county road department, where applicable.
(4) The county clerk in the notice of election shall indicate polling places as designated by the county commissioners for each precinct and/or district, as appropriate, to adequately provide for the vote at the election. Every qualified elector of the county may vote.
(5) The vote shall be canvassed by the county board of canvassers within the time specified in chapter 12, title 34, Idaho Code.
History:
[(40-1702) 40-1701, added 1985, ch. 253, sec. 2, p. 674; am. and redesig. 1998, ch. 415, sec. 2, p. 1308; am. 2009, ch. 341, sec. 93, p. 1046.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 17 - COUNTY HIGHWAY REORGANIZATION › Section 40-1703 - SUBSEQUENT ELECTIONS.

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 this question to the vote of the county.
History:
[(40-1703) 40-1702, added 1985, ch. 253, sec. 2, p. 675; am. and redesig. 1998, ch. 415, sec. 3, p. 1309.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 17 - COUNTY HIGHWAY REORGANIZATION › Section 40-1704 - DISTRICTS TO BE ECONOMICALLY WORKABLE.

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, equipment, resources, valuation and budget to be considered economically workable. The county commissioners shall organize the district(s) with regard to geographical locations for the most efficient operation.
History:
[(40-1704) 40-1703, added 1985, ch. 253, sec. 2, p. 675; am. and redesig. 1998, ch. 415, sec. 4, p. 1310.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 17 - COUNTY HIGHWAY REORGANIZATION › Section 40-1706 - ADJUSTMENT OF HIGHWAY DISTRICT BORDERS — NOTICE — HEARING — DECISION OF COMMISSIONERS — APPEAL.

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 and obligation from time to time as shall be practical and for the best interests of the countywide administration of the secondary highway systems, to adjust the borders of the highway districts coexisting in the county as shall most equitably and economically permit the administration, operation and construction of the secondary highway system within the county. Notice of a proposal to change the boundaries of the highway districts within the county shall be given by the commissioners through the county clerk to the districts affected and notice shall be published in accordance with the provisions of section 40-206, Idaho Code. At the hearing any person objecting may be heard in opposition, and upon the closing of the hearing, the commissioners shall within ten (10) days after the hearing, notify the districts affected of their decision, and any district aggrieved by the decision shall have the right through its highway commissioners to appeal the decision directly to the district court of the county in which the district lies. Matters referred to the district court on appeal shall be submitted by petition for hearing within twenty (20) days of the announcement of the decision of the commissioners and the matter disposed of by the district court by reversal or approval. Failure to diligently prosecute the matter before the district court shall justify the district court in dismissing the appeal without hearing.
History:
[(40-1706) 40-1705, added 1985, ch. 253, sec. 2, p. 676; am. and redesig. 1998, ch. 415, sec. 6, p. 1311.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 17 - COUNTY HIGHWAY REORGANIZATION › Section 40-1709 - INVENTORY AND FINANCIAL STATEMENT OF DISSOLVED DISTRICT — DISPOSITION OF PROPERTY AND OBLIGATIONS OF DISSOLVED DISTRICT AND COUNTY ROAD DEPARTMENTS.

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 districts and the county road department, where applicable, shall prepare and file with the county commissioners an inventory of all machinery, buildings, lands and property of every kind and nature and financial statement not later than ten (10) days subsequent to the canvass of the election.
(2) Title to all machinery, buildings, lands and property of every kind and nature, belonging to each affected highway jurisdiction shall immediately upon the dissolution of the district and county road department without further conveyance, be vested in the county commissioners as custodians and be delivered to the succeeding operational unit as soon as practicable. The succeeding unit shall be liable for any and all unliquidated obligations of the dissolved highway districts and county road department.
History:
[40-1709, added 1985, ch. 253, sec. 2, p. 677; am. 1998, ch. 415, sec. 8, p. 1311.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 17 - COUNTY HIGHWAY REORGANIZATION › Section 40-1712 - HIGHWAY STUDY COMMISSION — ESTABLISHMENT — MEMBERSHIP.

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 be composed as follows:
(1) One (1) member shall be appointed by the highway district commissioners of each highway district within the county;
(2) The mayor of the city with the largest population within the county shall appoint one (1) member;
(3) The chairman of the county commissioners shall appoint a county commissioner as one (1) member and that member will serve as chairman of the commission.
History:
[40-1712, added 1985, ch. 253, sec. 2, p. 677; am. 1998, ch. 415, sec. 9, p. 1312.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 17 - COUNTY HIGHWAY REORGANIZATION › Section 40-1713 - MEETING OF HIGHWAY STUDY COMMISSION — SELECTION OF OPTION FOR SUBMISSION — ELECTION — IMPLEMENTATION OF OPTION — RETENTION OF EXISTING SYSTEM.

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 fifty (150) days prior to the election called for by this chapter. At that meeting, or at any other meetings as may be necessary to make the decision, the commission shall analyze the options for administration for the county’s secondary highways.
(2) The options for the administration of the county’s secondary highways are as follows:
(a) To establish a countywide highway system for the administration of the secondary highway system of the entire county, exclusive of those highways and streets within cities, with functioning street departments, by county commissioners;
(b) To establish a single countywide highway district for the administration of the secondary highway system of the entire county, exclusive of those highways and streets within cities with functioning street departments, independent of the administration of the county commissioners; and
(c) For the division of the county into not more than four (4) highway districts for the administration of the secondary highways of the county, exclusive of those highways and streets within cities, with functioning street departments, independent of the county commissioners.
(3) The highway study commission will, at least ninety (90) days prior to the election, select one (1) of those options for submission to the electorate at the election. The question to be submitted to the electorate shall be substantially as follows:
For the purpose of administering the secondary highway system of …. County, shall the county
(4) If a majority of the voters casting votes in each of the highway districts and the area served by the county road department, where applicable, approve the proposal submitted, the commissioners shall implement the option selected as provided by this chapter.
(5) If the proposal is defeated by the voters casting votes in each of the highway districts and the area served by the county road department, where applicable, the county shall retain its current system for the administration of its secondary highways.
History:
[40-1713, added 1985, ch. 253, sec. 2, p. 678; am. 1998, ch. 415, sec. 10, p. 1312.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 17 - COUNTY HIGHWAY REORGANIZATION › Section 40-1714 - EXPENSES OF ELECTION.

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.
History:
[40-1714, added 1998, ch. 415, sec. 11, p. 1313; am. 2009, ch. 341, sec. 94, p. 1047.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1801 - DISTRICTS SUBJECT TO DISSOLUTION.

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 to any election and process for dissolution of a single countywide highway district.
History:
[40-1801, added 1985, ch. 253, sec. 2, p. 678; am. 2004, ch. 361, sec. 2, p. 1082.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1802 - PETITION FOR DISSOLUTION — CONTENTS.

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, and which shall concisely state the grounds or reasons for the dissolution and contain a request for a hearing of the petition.
History:
[40-1802, added 1985, ch. 253, sec. 2, p. 678.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1803 - ORDER FOR HEARING UPON PETITION.

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 petition, which time shall not be less than twenty-one (21) days from and after the date of the first publication of the notice of the petition and hearing.
History:
[40-1803, added 1985, ch. 253, sec. 2, p. 678.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1804 - NOTICE OF PETITION AND HEARING.

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 and place when and where the petition will be heard, and further notice that any elector of the district may, prior to or at the time of the hearing, file with the clerk written objections to the proposed dissolution.
History:
[40-1804, added 1985, ch. 253, sec. 2, p. 678.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1805 - HEARING — ORDER FOR ELECTION.

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 they desire. Upon the conclusion of the hearing which may be continued from day to day, if the commissioners determine that the district ought to be dissolved and that the dissolution would be to the best interest of the district, it shall enter an order directing that the question of dissolution of the district be submitted to the qualified electors of the district at an election to be held on the date authorized in section 34-106, Idaho Code, which is not less than thirty (30) days from and after the order.
History:
[40-1805, added 1985, ch. 253, sec. 2, p. 679; am. 2009, ch. 341, sec. 95, p. 1047.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1806 - ELECTION OFFICERS — NOTICE OF ELECTION.

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 accordance with the provisions of section 34-1406, Idaho Code. The notice shall state the purpose of the election and the polling places.
History:
[40-1806, added 1985, ch. 253, sec. 2, p. 679; am. 2009, ch. 341, sec. 96, p. 1047.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1807 - QUALIFICATIONS OF VOTERS.

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.
History:
[40-1807, added 1985, ch. 253, sec. 2, p. 679.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1808 - CONDUCT OF ELECTIONS.

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.
History:
[40-1808, added 1985, ch. 253, sec. 2, p. 679; am. 2009, ch. 341, sec. 97, p. 1048.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1809 - COUNTING VOTES — CANVASS — ORDER OF DISSOLUTION.

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 canvass the returns as provided in chapter 12, title 34, Idaho Code, and in the event a majority of the votes cast in the district are in favor of dissolution, the county commissioners shall immediately make and enter an order declaring the district dissolved.
History:
[40-1809, added 1985, ch. 253, sec. 2, p. 680; am. 2009, ch. 341, sec. 98, p. 1048.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1810 - EXPENSES OF DISSOLUTION — HOW BORNE AND PAID.

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 election, shall be borne by the county.
History:
[40-1810, added 1985, ch. 253, sec. 2, p. 680; am. 2009, ch. 341, sec. 99, p. 1048.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1811 - DISPOSITION OF SURPLUS FUNDS AND PROPERTY OF DISSOLVED SYSTEM OR DISTRICT.

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 liquidation and winding up of the affairs of the district, all surplus moneys of the dissolved highway district remaining in the special fund of the dissolved district shall immediately be delivered to the treasurer of the succeeding operational unit. Title to all machinery, buildings, lands, and property of every kind and nature belonging to the dissolved system or district shall immediately upon entry of the order of dissolution, and without further conveyance, be vested in the succeeding operational unit.
(2) No city whose incorporated limits lie wholly or partially within the boundaries of a dissolved highway district shall be entitled to receive any share of the moneys of the dissolved highway district.
History:
[40-1811, added 1985, ch. 253, sec. 2, p. 680.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1812 - PROVISION FOR PAYMENT OF CURRENT CLAIMS.

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, and all warrant indebtedness, both as to registered and floating warrants, and current indebtedness of, or claims against, the district. They shall likewise determine the amount of funds on hand belonging to the dissolved district, and shall estimate the revenue to be derived from sale of district property, from uncollected taxes or assessments levied or assessed in the district, and the amount of highway users’ funds as the highway district would be entitled to receive from the county in which the district is situated had the district not been dissolved. From that determination, the commissioners shall compute the probable amount of money which may be applied in payment of current indebtedness of the dissolved district and shall order and provide for the manner in which current claims against the district shall be presented to the commissioners for allowance and payment by warrants drawn against the special fund of the district in the county treasury.
History:
[40-1812, added 1985, ch. 253, sec. 2, p. 680.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1813 - DISSOLUTION OF DISTRICT SITUATED IN TWO OR MORE COUNTIES.

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 jurisdiction of the dissolution of the district and the same procedure, including notices and elections, shall be followed as provided in this chapter and chapter 17 of this title, for dissolution of highway districts situated in one (1) county. Meetings shall be had at the county seat of the county having jurisdiction of the dissolution of the highway district before a joint session of the commissioners from all the counties affected by the dissolution. The commissioners of the counties affected shall cause to be made and entered an order for notice, election, and for the dissolution and winding up of the affairs of the highway district and specifying when the same shall be dissolved, and the succeeding operational unit, if any.
History:
[40-1813, added 1985, ch. 253, sec. 2, p. 681.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1814 - DISTRICTS IN TWO OR MORE COUNTIES — PROVISION FOR PAYMENT OF INDEBTEDNESS UPON DISSOLUTION.

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 indebtedness out of district funds on hand, or to be raised by special levies, levied by the county, and shall be certified to the clerk of the commissioners of each of the counties in which is situated any part of the dissolved district, and an ad valorem tax shall be levied and imposed by each of the counties upon property of the district as may be within the county. The tax shall be collected, and not less than quarterly, be remitted to the treasurer of the county where the petitions are filed, to be applied in payment of the indebtedness of the dissolved district.
History:
[40-1814, added 1985, ch. 253, sec. 2, p. 681.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1815 - JURISDICTION OF PROPERTY OF DISSOLVED DISTRICT SITUATED IN TWO OR MORE COUNTIES.

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 county or counties wherein the district was situate shall, after the order of dissolution, have exclusive jurisdiction over all of the property, business and affairs of the dissolved district, whether situate in the county or not, including the power to issue funding bonds against the whole territory of the district for the payment of funding of bonds, warrants, and for other indebtedness of the district when funds for payment cannot be secured by current taxation.
History:
[40-1815, added 1985, ch. 253, sec. 2, p. 681.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1816 - CONTROL OF BRIDGES AND HIGHWAYS OF DISSOLVED DISTRICT.

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 bridges and highways of the district situate in the county, as was or is vested in the commissioners in other territory of the county, including the power to levy ad valorem taxes upon the property situate therein for general highway and bridge purposes.
History:
[40-1816, added 1985, ch. 253, sec. 2, p. 682.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1817 - LIMITATION ON NEW PROCEEDINGS FOR DISSOLUTION.

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 initiated less than one (1) year thereafter.
History:
[40-1817, added 1985, ch. 253, sec. 2, p. 682.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1818 - VALIDITY OF OUTSTANDING OBLIGATIONS.

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.
History:
[40-1818, added 1985, ch. 253, sec. 2, p. 682.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1819 - ACTS AND PROCEEDINGS ESTABLISHED OR COMMENCED BEFORE CHAPTER TAKES EFFECT NOT AFFECTED.

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 before July 1, 1985, but those actions or proceedings may be prosecuted and continued by the county, district or city.
History:
[40-1819, added 1985, ch. 253, sec. 2, p. 682.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1820 - CONTINUANCE IN SERVICE OF EMPLOYEES OF DISSOLVED SYSTEM OR DISTRICT.

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.
History:
[40-1820, added 1985, ch. 253, sec. 2, p. 682.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 18 - DISSOLUTION OF HIGHWAY DISTRICTS › Section 40-1821 - NO DISTRICT DISSOLVED UNTIL SUCCEEDING OPERATIONAL UNIT IN EXISTENCE.

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 shall have been organized and existing a succeeding operational unit.
History:
[40-1821, added 1985, ch. 253, sec. 2, p. 682.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1901 - LEGISLATIVE INTENT AND POLICY — TOURIST RELATED ADVERTISING DEVICES.

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 the requirements of section 131(o), title 23, United States Code, which provide directional information about goods and services in the interest of the traveling public, and which were in existence on May 6, 1976, may work a substantial economic hardship in defined areas within the state. (2) The legislature further finds and declares that outdoor advertising is a form of commercial use of the public highway and regulation and removal of outdoor advertising is a highway purpose. In order to provide for maximum visibility along highways and to permit unobstructed view of connecting highways and intersections, to prevent the distraction of operators of motor vehicles, to prevent confusion with respect to traffic lights, signs or signals, or otherwise interfere with the effectiveness of traffic regulations, to preserve and enhance the natural scenic beauty of areas traversed by interstate and primary highways, to protect the public investment in highways, to promote the recreational value of public travel, to conform to the expressed intent of congress to control the erection and maintenance of outdoor advertising displays, and to promote the maximum safety, comfort and well-being, of the users of highways, the legislature finds and declares it to be necessary in the public interest to regulate the erection and maintenance of outdoor advertising structures, signs and displays and the business or occupation, in areas adjacent to interstate and primary highways, in accordance with the terms of this chapter and regulations promulgated by the board.
History:
[40-1901, added 1985, ch. 253, sec. 2, p. 682.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1902 - ERECTING AND MAINTAINING ADVERTISING DISPLAYS.

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 system of highways of this state, shall be exclusive of all regulations whether enacted by a law of this state or by a political subdivision the state.
History:
[40-1902, added 1985, ch. 253, sec. 2, p. 683.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1903 - COUNTY ZONING ORDINANCES.

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 adopted by any county of this state, nor does this chapter prohibit the passage by any county of reasonable land use or zoning regulations affecting the placing of advertising displays or the placement and operation of junkyards, in accordance with the provisions of chapter 65, title 67, Idaho Code.
History:
[40-1903, added 1985, ch. 253, sec. 2, p. 683; am. 1998, ch. 259, sec. 1, p. 862.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1904 - PRIVATE AND PUBLIC NOTICES.

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 or authorization contained in state or federal law, for the purpose of carrying out an official duty or responsibility;
(2) Structures, signs and displays advertising the sale or lease of property upon which they are located; and
(3) Structures, signs and displays advertising activities conducted on the property on which they are located.
History:
[40-1904, added 1985, ch. 253, sec. 2, p. 683.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1905 - LICENSES REQUIRED — APPLICATION.

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 business on a form furnished by the department.
History:
[40-1905, added 1985, ch. 253, sec. 2, p. 684.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1906 - PERMITS FOR PLACING ADVERTISING DISPLAY — APPLICATION.

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 for a permit shall be made for each separate outdoor advertising structure, sign or display on a form furnished by the department, which application shall contain information as the department may require. Each application shall be accompanied by the written consent of the owner or tenant of the real property upon which the structure, sign or display is to be erected or maintained, unless the consent shall have previously been filed with the department. An application shall be made for a permit to maintain an existing outdoor advertising structure, sign or display or to renew a permit.
History:
[40-1906, added 1985, ch. 253, sec. 2, p. 684.]
2023 Idaho Code › Title 40 - HIGHWAYS AND BRIDGES › Chapter 19 - BEAUTIFICATION OF HIGHWAYS › Section 40-1907 - PERMITS AND LICENSES — ISSUANCE — FEES.

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, signs or displays. No permit or license shall be issued for the erection or construction of any sign which would be in violation of local law or ordinance at the time application is filed, and further provided that no permit shall be withheld or denied for a nonconforming sign which is to be removed pursuant to the terms of this chapter by reason of the sign being located upon land to which the state or the department has acquired a restrictive covenant regarding the erection of signs if the sign was in existence prior to October 22, 1965.
(2) The license fee for an original license, and for each annual renewal, is payable annually in advance, as follows:
(a) Fifty dollars ($50.00) for persons owning one or more but fewer than one hundred (100) signs subject to this chapter.
(b) One hundred dollars ($100) for persons owning more than one hundred (100) signs subject to this chapter.
(3) Licenses granted shall expire each year on December 31 and shall not be pro rated. Application for renewal of licenses shall be made not less than thirty (30) days prior to the date of expiration.
(4) A permit fee of ten dollars ($10.00) shall accompany each original permit application. An annual permit fee of three dollars ($3.00) shall accompany each renewal permit application.
(5) The issuance of a permit and payment of a permit fee for the placing of an advertising structure includes the right to change the advertising copy thereon without obtaining any additional permit for the remainder of the calendar year in which the permit is issued and without the payment of any additional permit fee.
(6) Any license or permit issued pursuant to this chapter may be transferred to any person who acquires the business as a successor of the person for whom the license or permit was issued.
History:
[40-1907, added 1985, ch. 253, sec. 2, p. 684.]