Idaho State Statutes - Idaho Attorney Directory

CREATION -- VACATION OF STREETS -- EMINENT DOMAIN -- REVERSION OF
VACATED STREETS. Cities are empowered to: create, open, widen or extend any
street, avenue, alley or lane, annul, vacate or discontinue the same whenever
deemed expedient for the public good; to take private property for such
purposes when deemed necessary, or for the purpose of giving right of way or
other privileges to railroad companies, or for the purpose of erecting malls
or commons; provided, however, that in all cases the city shall make adequate
compensation therefor to the person or persons whose property shall be taken
or injured thereby. The taking of property shall be as provided in title 7,
chapter 7, Idaho Code. The amount of damages resulting from the vacation of
any street, avenue, alley or lane shall be determined, under such terms and
conditions as may be provided by the city council. Provided further that
whenever any street, avenue, alley or lane shall be vacated, the same shall
revert to the owner of the adjacent real estate, one-half (1/2) on each side
thereof, or as the city council deems in the best interests of the adjoining
properties, but the right of way, easements and franchise rights of any lot
owner or public utility shall not be impaired thereby. In cities of fifty
thousand (50,000) population or more in which a dedicated alley has not been
used as an alley for a period of fifty (50) years [such alley] shall revert to
the owner of the adjacent real estate, one-half (1/2) on each side thereof, by
operation of the law, but the existing rights of way, easements and franchise
rights of any lot owner or public utility shall not be impaired thereby.

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