Idaho Code
Idaho Code

Idaho Code § 40-103 (2026)

Definitions — B. 

✓ current as of May 2026
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Definitions — B. 

(1) "Base technical concept" means the project specific concepts and technical information provided in the request for proposals on which design-build firms will develop their technical and price proposals.

(2)  "Benefit primarily motor vehicles" and "primary benefit of motor vehicles" means designing highway and bridge maintenance and construction projects to reduce traffic congestion, travel delays, engine idle time, and unproductive fuel consumption.
(3)  "Best value selection" means any selection process in which proposals contain both price and qualitative components and award is based on a combination of price and qualitative considerations.
(4)  "Board" means the Idaho transportation board.
(5)  "Business" means any lawful activity, excepting a farm operation, conducted primarily for the purchase, resale, lease and rental of personal and real property, and for the manufacture, processing or marketing of products, commodities, or other personal property; for the sale of services to the public; or solely for the purpose of section 40-2004(1), Idaho Code, for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not displays are located on the premises on which any of the activities are conducted.
(6)  "Business entity" means a corporation, professional corporation, limited liability company, professional limited liability company, general partnership, limited partnership, limited liability partnership, professional limited liability partnership or any other form of business except a sole proprietorship.
Notes of Decisions
Cited in 14 cases, 1953–1988 · leading case: Tomchak v. Walker, 700 P.2d 68 (Idaho 1985).
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Tomchak v. Walker, 700 P.2d 68 (Idaho 1985). · cites it 16× “Plaintiffs alleged that the entire road had been used by the public and maintained by the county for more than five years, and therefore I.C. § 40-103 makes the road a “public highway.”
State v. Nesbitt, 310 P.2d 787 (Idaho 1957). · cites it 16× “In 1893 such statute was amended to read as now found in I.C. § 40-103, the difference being that in addition to prescriptive use the road must be worked and kept up at "the expense of the public.”
Cordwell v. Smith, 665 P.2d 1081 (Idaho Ct. App. 1983). · cites it 6× “1 Idaho Code § 40-103 provides in part as follows: *76 Roads laid out and recorded as highways, by order of the board of commissioners, and all roads used as such for a period of five (5) years, provided the latter shall have been worked and kept up at the expense of the public,…”
Pugmire v. Johnson, 643 P.2d 832 (Idaho 1982). · cites it 6× “II Appellants also argue that I.C. § 40-103 provides, in part, that: “Roads laid out and recorded as highways, by order of the board of commissioners, and all roads used as such for a period of five (5) years, provided the latter shall have been worked and kept up at the expense…”
Cox v. Cox, 373 P.2d 929 (Idaho 1962). · cites it 6× “, whether the road in question was a public or private road, I.C. § 40-103 provides in part: “Roads laid out and recorded as highways, by order of the board of commissioners, and all roads used as such for a period of five years, provided the latter shall have been worked and…”
Blaine Cnty. v. Bryson, 705 P.2d 1078 (Idaho Ct. App. 1985). · cites it 8× “” The property owners have raised three issues: whether the “Colorado Gulch Road” ever was a public highway within the meaning of I.C. § 40-103; 1 if so, whether the county later abandoned the highway; and finally, whether the county is now precluded from asserting the existence…”
Aztec Ltd., Inc. v. Creekside Inv. Co., 602 P.2d 64 (Idaho 1979). · cites it 2× “I.C. § 40-103; I.C. § 5-203. See Ross v. Swearingen, 39 Idaho 35 , 225 P.”
Burrup v. Stanger, 753 P.2d 261 (Idaho Ct. App. 1988). · cites it 4× “Prior to 1985 the identical language quoted above was found in former I.C. § 40-103 and other similar statutes dating back to 1893.”
Evers v. Cnty. of Custer, 745 F.2d 1196 (9th Cir. 1984). · cites it 4× “It is not clear whether the declaration had already been made at that time, but on September 16, 1981, the Commissioners signed, and later recorded, a “Declaration of Public Road,” announcing that the road was public under Idaho Code § 40-103 (1977), which provides that a road…”
Rice v. Miniver, 739 P.2d 368 (Idaho 1987). · cites it 12× “The gravamen of appellants' argument is that both Bonneville and Bingham Counties had performed maintenance on the road in summer and had plowed it in the winter, and therefore the road was public by prescription in conformance with I.C. § 40-103 [repealed and recodified as I.”
West v. Smith, 511 P.2d 1326 (Idaho 1973). · cites it 2× “” I.C. § 40-103. I.C. § 40-107 (Supp.1972) provides : “Highways * * * shall include necessary culverts, sluices, drains, ditches, waterways, embankments, retaining walls, bridges, tunnels, grade separation structures, roadside improvements, adjacent lands or interest therein…”
Boise City Ex Rel. Amyx v. Fails, 499 P.2d 326 (Idaho 1972). · cites it 4× “I.C. § 40-103. Rev.Stat. Sec. 852 remained the same as it was initially enacted until its amendment in 1963.”
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