Idaho Code
Idaho Code § 25-2401 (2026)
Commissioners may create herd districts.
✓ current as of May 2026
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Commissioners may create herd districts.
(1) The board of county commissioners of each county in the state shall have power to create, modify or eliminate herd districts within such county as hereinafter provided; and when such district is so created, modified or eliminated, the provisions of this chapter shall apply and be enforceable therein. On and after January 1, 1990, no county shall regulate or otherwise control the running at large of horses, mules, asses, cattle, sheep or goats within the unincorporated areas of the county unless such regulation or control is provided by the creation of a herd district pursuant to the provisions of this chapter, except as provided by subsection (2) of this section.
(2) A panel of five (5) members may be created in a county, the members of which shall be appointed as follows: two (2) members by appointment of the board of county commissioners; two (2) members by appointment of a local, county or state livestock association or associations; and the fifth member, by concurrent appointment of the first four (4) appointees. Only if a majority of said panel, after a public hearing held with notice as prescribed by law, concludes that the creation, modification or elimination of a herd district is insufficient to control or otherwise regulate the movement of livestock in an area, the board of county commissioners shall have power to establish such control by ordinance, provided that the cost of construction and maintenance of any fencing or cattle guards required by said ordinance shall be paid by the county current expense fund. Notwithstanding any provision of law to the contrary, a county shall have the authority to levy an annual property tax of not to exceed two hundredths percent (.02%) of market value for assessment purposes on taxable real property within the county, and the revenues derived therefrom shall not be used for any other purpose.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1964–2024 · leading case: Maguire v. Yanke, 590 P.2d 85 (Idaho 1978).
Maguire v. Yanke, 590 P.2d 85 (Idaho 1978). “Idaho Code § 25-2401 et seq. permits districts within a county to petition for the creation of a herd district.”
Guzman v. Piercy / Canyon Cnty. / Sutton, 318 P.3d 918 (Idaho 2014). “3 The district court issued an order on January 21, 2009, determining that the herd district ordinance was invalid for failing to comply with the statutory procedures in I.C. §§ 25-2401 to - 2404. Thus, the district court held neither Guzman nor Sutton “may rely upon the…”
Benewah Cnty. Cattlemen's Ass'n v. Bd. of Cnty. Commissioners, 668 P.2d 85 (Idaho 1983). “On appeal to this Court, appellant cattlemen assert that the county has no authority to prohibit "open range grazing" throughout *88 the county, except and unless herd districts are created pursuant to I.C. §§ 25-2401 through 25-2409; that the area of control of free roaming…”
Miller v. Miller, 745 P.2d 294 (Idaho 1987). “The district court rejected this argument holding that under I.C. § 25-2401 (1977) et seq., the herd district ordinance was invalid only as to the BLM land but was otherwise valid.”
Adamson v. Blanchard, 990 P.2d 1213 (Idaho 1999). “Idaho Code § 25-2401 et seq. provides the mechanism for creation of herd districts as an alternative to landowners who wish to protect their land from damage caused by roaming stock on open range.”
Simmons v. Loertscher, 551 P.3d 719 (Idaho 2024). “Idaho Code section 25-2401 grants county commissioners the authority to create herd districts within their county.”
Nelson v. Holdaway Land & Cattle Co., 691 P.2d 796 (Idaho Ct. App. 1984). “However, I.C. §§ 25-2401 to 2409 do not specifically provide a procedure for recovering costs associated with the care of livestock lawfully captured within a herd district.”
Moreland v. Adams, 152 P.3d 558 (Idaho 2007). “§ 25-2118, which reads: No person owning, or controlling the possession of, any domestic animal running on open range, shall have the duty to keep such animal off any highway on such range, and shall not be liable for damage to any vehicle or for injury to any person *690 riding…”
Soran v. Schoessler, 394 P.2d 160 (Idaho 1964). “§ 25-2118, nor located in an area designated as a herd district, I.C. § 25-2401 et seq. May 15, 1963, after a trial without a jury the court rendered judgment in favor of respondent for $650.”
Nottingham v. McCormick, 505 P.2d 1260 (Idaho 1973). “However, just shortly after the accident other travellers along the highway came upon the scene and La-Vaughn Frost, a state patrolman, following receipt of information of the accident, drove there within a matter of only a few minutes.”
Guzman v. Piercy / Canyon Cnty. / Sutton (Idaho 2014). “3 The district court issued an order on January 21, 2009, determining that the herd district ordinance was invalid for failing to comply with the statutory procedures in I.C. §§ 25-2401 to - 2404. Thus, the district court held neither Guzman nor Sutton “may rely upon the…”
— Idaho Code § 25-2401(2) — 1 case
Simmons v. Loertscher, 551 P.3d 719 (Idaho 2024). “Idaho Code section 25-2401 grants county commissioners the authority to create herd districts within their county.”
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