Idaho State Statutes - Idaho Attorney Directory

VALIDATION OF COUNTY OR HIGHWAY DISTRICT SYSTEM HIGHWAY OR
PUBLIC RIGHT-OF-WAY. (1) Any resident or property holder within a county or
highway district system, including the state of Idaho or any of its
subdivisions, or any agency of the federal government, may petition the board
of county or highway district commissioners, whichever shall have jurisdiction
of the highway system, to initiate public proceedings to validate a highway or
public right-of-way, including those which furnish public access to state and
federal public lands and waters, provided that the petitioner shall pay a
reasonable fee as determined by the commissioners to cover the cost of the
proceedings, or the commissioners may initiate validation proceedings on their
own resolution, if any of the following conditions exist:
(a) If, through omission or defect, doubt exists as to the legal
establishment or evidence of establishment of a highway or public
right-of-way;
(b) If the location of the highway or public right-of-way cannot be
accurately determined due to numerous alterations of the highway or public
right-of-way, a defective survey of the highway, public right-of-way or
adjacent property, or loss or destruction of the original survey of the
highways or public rights-of-way; or
(c) If the highway or public right-of-way as traveled and used does not
generally conform to the location of a highway or public right-of-way
described on the official highway system map or in the public records.
(2) If proceedings for validation of a highway or public right-of-way are
initiated, the commissioners shall follow the procedure set forth in section
40-203, Idaho Code, and shall:
(a) If the commissioners determine it is necessary, cause the highway or
public right-of-way to be surveyed;
(b) Cause a report to be prepared, including consideration of any survey
and any other information required by the commissioners;
(c) Establish a hearing date on the proceedings for validation;
(d) Cause notice of the proceedings to be provided in the same manner as
for abandonment and vacation proceedings; and
(e) At the hearing, the commissioners shall consider all information
relating to the proceedings and shall accept testimony from persons having
an interest in the proposed validation.
(3) Upon completion of the proceedings, the commissioners shall determine
whether validation of the highway or public right-of-way is in the public
interest and shall enter an order validating the highway or public
right-of-way as public or declaring it not to be public.
(4) From any such decision, any resident or property holder within a
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.
(5) When a board of commissioners validates a highway or public
right-of-way, it shall cause the order validating the highway or public
right-of-way, and if surveyed, cause the survey to be recorded in the county
records and shall amend the official highway system map of the respective
county or highway district.
(6) The commissioners shall proceed to determine and provide just
compensation for the removal of any structure that, prior to creation of the
highway or public right-of-way, encroached upon a highway or public
right-of-way that is the subject of a validation proceeding, or if such is not
practical, the commissioners may acquire property to alter the highway or
public right-of-way being validated.
(7) This section does not apply to the validation of any highway, public
street or public right-of-way which is to be accepted as part of a platted
subdivision pursuant to chapter 13, title 50, Idaho Code.

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