Idaho Code
Idaho Code § 40-106 (2026)
Definitions — E.
✓ current as of May 2026
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Definitions — E.
(1) "Erect" means to construct, build, raise, assemble, place, affix, create, paint, draw or in any other way bring into being or establish, but does not include any of the foregoing activities when performed incident to the change of an advertising message or customary maintenance of a sign. With respect to certain easements held by the state restricting the erection of structures on certain lands, the state of Idaho and the department shall be deemed to have waived such restrictions with regard only to each sign erected prior to October 22, 1965.
(2) "Expenditure" means the awarding of a contract, franchise or authority to another by a district, and every manner and means whereby the highway district disburses district funds or obligates itself to disburse district funds. "Expenditure" does not include disbursement of district funds to regularly employed highway district employees, officials or agents, or for the performance of personal services to the district, or for the acquisition of personal property through a contract that has been competitively bid by the state of Idaho, one of its subdivisions, or an agency of the federal government.
(3) "Expense of the public" means the expenditure of funds for roadway maintenance by any governmental agency, including funds expended by any agency of the federal government, so long as the agency allows public access over the roadway on which the funds were expended and such roadway is not located on federal or state-owned land.
Notes of Decisions
Cited in 4
cases, 1959–1984 · leading case: Pugmire v. Johnson, 643 P.2d 832 (Idaho 1982).
Pugmire v. Johnson, 643 P.2d 832 (Idaho 1982). “See I.C. § 40-106 and -133. 1 “One purpose of this doctrine is to protect the interests of purchasers of platted lots and their reliance upon the valuable maintenance of such public areas.”
State Ex Rel. Rich v. Idaho Power Co., 346 P.2d 596 (Idaho 1959). “In discharging a mandatory duty imposed by the state, such department performs a governmental function, I.C. §§ 40-106 and 40-111; Boise Development Co.”
Harshbarger v. Cnty. of Jerome, 693 P.2d 451 (Idaho 1984). “Under I.C. § 40-106, it would at first appear that Jerome County must assume the maintenance of Dee Drive.”
Lundbeck v. State Ex Rel. Dep't of Highways`, 511 P.2d 1325 (Idaho 1973). “18 or the Highway Department Act of 1951 (I.C. § 40-106 et seq.) confers an implied tort action against the Highway Department to private citizens.”
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