Idaho Code
Idaho Code § 40-104 (2026)
Definitions — C.
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IClegislature.idaho.gov
Justiaon Justia
CornellLII Search
CasesGoogle Scholar
Definitions — C.
(1) "City system" means all public highways within the corporate limits of a city, with a functioning street department, except those highways that are under federal control, a part of the state highway system, part of a highway district system or an extension of a rural major collector route as specified in section 40-607, Idaho Code.
(2) "Commercial activities." (See "Unzoned commercial or industrial areas," section 40-122, Idaho Code)
(3) "Commercial areas, unzoned." (See "Unzoned commercial or industrial areas," section 40-122, Idaho Code)
(4) "Commissioners" means the board of county commissioners of a county of this state.
(5) "Congestion mitigation" means transportation road projects for the primary benefit of motor vehicles designed and constructed to reduce traffic congestion, travel delays, engine idle time, and unproductive fuel consumption. Congestion mitigation includes and is limited to improving vehicle traffic flow and travel times through expanding vehicle travel lanes, improving intersection efficiency, adding turning lanes, improving transportation management systems and signal operations, implementing intelligent transportation system strategies, or a combination of such methods.
(6) "Construction manager/general contractor firm" means a business entity with which the department has contracted to provide services prior to the final design phase and to provide for the construction of the project during the construction phase.
(7) "Construction manager/general contractor project" means a project where the department retains a consultant or has on staff an Idaho licensed professional engineer to develop the design and also hires a construction manager/general contractor firm to provide services prior to the final design. If a guaranteed maximum price is negotiated successfully, the construction manager/general contractor firm also provides for construction of the project.
(8) "Consultant" means an individual or business entity possessing the qualifications to provide licensed architectural, licensed engineering, or licensed land surveying services or possessing specialized credentials and qualifications.
(9) "Controlled-access facility" means a highway especially designed for through traffic to which owners or occupants of abutting land have no right or easement or only a controlled right or easement of access by reason of the fact that their property abuts upon the controlled-access facility. These highways may be freeways open to use by all customary forms of highway traffic or they may be parkways from which trucks, buses and other commercial vehicles shall be excluded.
(10) "County highway system" or "county secondary highways" means all public highways in a county except those included within the state highway system, those under another state agency, those included within city highway systems of incorporated cities, those included within a highway district highway system, and those under federal control.
Notes of Decisions
Cited in 15
cases (1 in the last 5 years), 1965–2025 · leading case: Boise City Ex Rel. Amyx v. Fails, 499 P.2d 326 (Idaho 1972).
Boise City Ex Rel. Amyx v. Fails, 499 P.2d 326 (Idaho 1972). “The facts are virtually without dispute and the sole issue before this Court is whether the provisions of I.C. § 40-104 [1] as it read prior to amendment in 1963 are applicable under the facts of this case.”
Worley High. Dist. v. Yacht Club of Coeur D'Alene, Ltd., 775 P.2d 111 (Idaho 1989). “Whether the trial court erred in concluding as a matter of law that, even assuming there was such a valid dedication, the road laid out in such plat had been abandoned under the provisions of former I.C. § 40-104. For the reasons set forth hereinbelow, we conclude that the trial…”
Floyd v. Bd. of Com'rs Bonneville Cnty., 52 P.3d 863 (Idaho 2002). “Former Idaho Code § 40-104 provided that a road that was not worked on or used for a period of five (5) years ceases to be a highway.”
Galvin v. Canyon High. Dist. No. 4, 6 P.3d 826 (Idaho 2000). “Given the length of time that Old Middleton Road was in use prior to 1968, the primary dispute in this case is not over the existence of Old Middleton Road prior to 1968, but rather the abandonment of this short portion thereafter.”
City of Sandpoint v. Sandpoint Indep. High. Dist., 72 P.3d 905 (Idaho 2003). “Idaho Code § 40-104 (1), however, indicates that in a city with a functioning street department, a highway district can have jurisdiction over some of the city streets.”
Homestead Farms, Inc. v. Bd. of Commissioners of Teton Cnty., 119 P.3d 630 (Idaho 2005). “See I.C. § 40-104(6). The statute also provides that a county must revisit and publish its official highway map every five years, presumably to delete any roads that may have been vacated during the previous years, or to add any roads that may have been acquired, developed…”
Blaine Cnty. v. Bryson, 705 P.2d 1078 (Idaho Ct. App. 1985). “Prior to 1963, I.C. § 40-104 (now codified as I.C. § 40-203) provided that a roadway established by public use and maintenance would be deemed abandoned if it were no longer so used or maintained for a period of five years.”
Elder v. Nw. Timber Co., 613 P.2d 367 (Idaho 1980). “Prior to its amendment in 1963, I.C. § 40-104 provided, "A road not worked or used for the period of five years ceases to be a highway for any purpose whatever.”
John W. Brown Props. v. Blaine Cnty., 59 P.3d 976 (Idaho 2002). “3d 826 (2000), this Court applied the former I.C. § 40-104 to determine whether a residential road had been abandoned during a period commencing in 1968.”
Sopatyk v. Lemhi Cnty., 264 P.3d 916 (Idaho 2011). “Laws 17 , 17 (codified at I.C. § 40-104) (emphasis in original, indicating new language).”
Tomchak v. Walker, 700 P.2d 68 (Idaho 1985). “Finally, the fact that a county has the power to abandon unnecessary roads within the county road system, see I.C. §§ 40-104, -133(d), and -501(4), has no bearing on the present case since the county has not asserted that any abandonment has occurred.”
French v. Sorensen, 751 P.2d 98 (Idaho 1988). “§ 40-117(4) defines "public highways" as "all highways open to public use in the state, whether maintained by the state or by any county highway district, city, or other political subdivision.”
— Idaho Code § 40-104(6) — 2 cases
Homestead Farms, Inc. v. Bd. of Commissioners of Teton Cnty., 119 P.3d 630 (Idaho 2005). “See I.C. § 40-104(6). The statute also provides that a county must revisit and publish its official highway map every five years, presumably to delete any roads that may have been vacated during the previous years, or to add any roads that may have been acquired, developed…”
French v. Sorensen, 751 P.2d 98 (Idaho 1988). “§ 40-117(4) defines "public highways" as "all highways open to public use in the state, whether maintained by the state or by any county highway district, city, or other political subdivision.”
— Idaho Code § 40-104(9) — 1 case
Bear Crest Ltd. LLC v. State of idaho (Idaho 2025).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.