Idaho State Statutes - Idaho Attorney Directory

ABANDONMENT AND VACATION OF COUNTY AND HIGHWAY DISTRICT SYSTEM
HIGHWAYS OR PUBLIC RIGHTS-OF-WAY. (1) A board of county or highway district
commissioners, whichever shall have jurisdiction of the highway system, shall
use the following procedure to abandon and vacate any highway or public
right-of-way in the county or highway district system including those which
furnish public access to state and federal public lands and waters:
(a) The commissioners may by resolution declare its intention to abandon
and vacate any highway or public right-of-way considered no longer to be
in the public interest.
(b) Any resident, or property holder, within a county or highway district
system including the state of Idaho, any of its subdivisions, or any
agency of the federal government may petition the respective commissioners
for abandonment and vacation of any highway or public right-of-way within
their highway system. The petitioner shall pay a reasonable fee as
determined by the commissioners to cover the cost of the proceedings.
(c) The commissioners shall establish a hearing date or dates on the
proposed abandonment and vacation.
(d) The commissioners shall prepare a public notice stating their
intention to hold a public hearing to consider the proposed abandonment
and vacation of a highway or public right-of-way which shall be made
available to the public not later than thirty (30) days prior to any
hearing and mailed to any person requesting a copy not more than three (3)
working days after any such request.
(e) At least thirty (30) days prior to any hearing scheduled by the
commissioners to consider abandonment and vacation of any highway or
public right-of-way, the commissioners shall mail notice by United States
mail to known owners and operators of an underground facility, as defined
in section 55-2202, Idaho Code, that lies within the highway or public
right-of-way.
(f) At least thirty (30) days prior to any hearing scheduled by the
commissioners to consider abandonment and vacation of any highway or
public right-of-way, the commissioners shall mail notice to owners of
record of land abutting the portion of the highway or public right-of-way
proposed to be abandoned and vacated at their addresses as shown on the
county assessor's tax rolls and shall publish notice of the hearing at
least two (2) times if in a weekly newspaper or three (3) times if in a
daily newspaper, the last notice to be published at least five (5) days
and not more than twenty-one (21) days before the hearing.
(g) At the hearing, the commissioners shall accept all information
relating to the proceedings. Any person, including the state of Idaho or
any of its subdivisions, or any agency of the federal government, may
appear and give testimony for or against abandonment.
(h) After completion of the proceedings and consideration of all related
information, the commissioners shall decide whether the abandonment and
vacation of the highway or public right-of-way is in the public interest
of the highway jurisdiction affected by the abandonment or vacation. The
decision whether or not to abandon and vacate the highway or public
right-of-way shall be written and shall be supported by findings of fact
and conclusions of law.
(i) If the commissioners determine that a highway or public right-of-way
parcel to be abandoned and vacated in accordance with the provisions of
this section has a fair market value of twenty-five hundred dollars
($2,500) or more, a charge may be imposed upon the acquiring entity, not
in excess of the fair market value of the parcel, as a condition of the
abandonment and vacation; provided, however, no such charge shall be
imposed on the landowner who originally dedicated such parcel to the
public for use as a highway or public right-of-way; and provided further,
that if the highway or public right-of-way was originally a federal land
right-of-way, said highway or public right-of-way shall revert to a
federal land right-of-way.
(j) The commissioners shall cause any order or resolution to be recorded
in the county records and the official map of the highway system to be
amended as affected by the abandonment and vacation.
(k) From any such decision, a resident or property holder within the
county or highway district system, including the state of Idaho or any of
its subdivisions or any agency of the federal government, may appeal to
the district court of the county in which the highway or public
right-of-way is located pursuant to section 40-208, Idaho Code.
(2) No highway or public right-of-way or parts thereof shall be abandoned
and vacated so as to leave any real property adjoining the highway or public
right-of-way without access to an established highway or public right-of-way.
(3) In the event of abandonment and vacation, rights-of-way or easements
may be reserved for the continued use of existing sewer, gas, water, or
similar pipelines and appurtenances, or other underground facilities as
defined in section 55-2202, Idaho Code, for ditches or canals and
appurtenances, and for electric, telephone and similar lines and
appurtenances.
(4) A highway abandoned and vacated under the provisions of this section
may be reclassified as a public right-of-way.
(5) Until abandonment is authorized by the commissioners, public use of
the highway or public right-of-way may not be restricted or impeded by
encroachment or installation of any obstruction restricting public use, or by
the installation of signs or notices that might tend to restrict or prohibit
public use. Any person violating the provisions of this subsection shall be
guilty of a misdemeanor.
(6) When a county or highway district desires the abandonment or vacation
of any highway, public street or public right-of-way which was accepted as
part of a platted subdivision said abandonment or vacation shall be
accomplished pursuant to the provisions of chapter 13, title 50, Idaho Code.

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