Idaho Code
Idaho Code § 31-604 (2026)
Enumeration of powers.
✓ current as of May 2026
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Enumeration of powers.
It has power:
1. To sue and be sued.
2. To purchase and hold lands.
3. To make such contracts, and purchase and hold such personal property, as may be necessary to the exercise of its powers.
4. To make such orders for the disposition or use of its property as the interests of its inhabitants require.
5. To levy and collect such taxes for purposes under its exclusive jurisdiction as are authorized by law.
6. Such other and further authority as may be necessary to effectively carry out the duties imposed on it by the provisions of the Idaho Code and constitution.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1972–2022 · leading case: Bingham Cnty. Comm'n v. Interstate Elec. Co., 665 P.2d 1046 (Idaho 1983).
Bingham Cnty. Comm'n v. Interstate Elec. Co., 665 P.2d 1046 (Idaho 1983). “Idaho counties are given broad powers under I.C. § 31-604, [4] including the power to make such contracts as are necessary in the exercise of its powers, and to sue and be sued.”
Gibson v. Ada Cnty. Sheriff's Dep't, 72 P.3d 845 (Idaho 2003). “Article XII, § 2 of the Idaho Constitution and I.C. § 31-604 govern a county’s power to make law.”
In re Boise Cnty., 465 B.R. 156 (Bankr. D. Idaho 2011). “Idaho Code § 31-604 . It is reasonable to conclude then that paying judgments arising from lawsuits against a county is consistent with “the ordinary course of municipal business” in operating the county and is a type of expense that “may be and is likely to become necessary.”
Dist. Bd. of Health of Pub. Health Dist. No. 5 v. Chancey, 500 P.2d 845 (Idaho 1972). “I.C. § 31-604, 31-811 authorizes county commissioners to levy and collect taxes, Article 18, Section 6 of the Constitution of Idaho provides: "All taxes shall be collected by the officer or officers designated by law.”
Hartman v. Canyon Cnty. (Idaho 2022). “”); I.C. § 31-604 (granting a county the power to exercise “such other and further authority as may be necessary to effectively carry out the duties imposed on it by the provisions of the Idaho Code and constitution.”
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