Idaho Code
Idaho Code

Idaho Code § 40-107 (2026)

Definitions — F. 

✓ current as of May 2026
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Definitions — F. 

(1) "Facilities" mean tracks, pipes, mains, conduits, cables, wires, towers, poles, equipment and appliances.

(2)  "Family" means two (2) or more persons living together in the same dwelling unit who are related to each other by blood, marriage, adoption or legal guardianship.
(3)  "Farm operation" means any activity conducted primarily for the production of agricultural products or commodities, including timber, for sale and home use, and producing agricultural products or commodities in sufficient quantity to contribute materially to the operator’s support.
(4)  "Feeder highway" means any highway which, in the opinion of the transportation board, is needed to create or facilitate access to a turnpike project upon which a toll is charged for transit.
(5)  "Federal land rights-of-way" mean rights-of-way on federal land within the context of revised statute 2477, codified as 43 U.S.C. 932, and other federal access grants and shall be considered to be any road, trail, access or way upon which construction has been carried out to the standard in which public rights-of-way were built within historic context. These rights-of-way may include, but not be limited to, horse paths, cattle trails, irrigation canals, waterways, ditches, pipelines or other means of water transmission and their attendant access for maintenance, wagon roads, jeep trails, logging roads, homestead roads, mine to market roads and all other ways.
(6)  "Final design" means any design activities following preliminary design and includes the preparation of final construction plans and detailed specifications for the performance of construction work.
(7)  "Fixed price-best design" means a selection process in which the contract price is established by the department and stated in the request for proposals. Design solutions and other qualitative factors are evaluated and rated, with award going to the design-build firm offering the best qualitative proposal for the established price.
Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1954–2024 · leading case: West v. Smith, 511 P.2d 1326 (Idaho 1973).
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West v. Smith, 511 P.2d 1326 (Idaho 1973). · cites it 2× “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 lawfully acquired,…”
Nicolaus v. Bodine, 448 P.2d 645 (Idaho 1968). · cites it 5× “” (emphasis added) When a highway district exists, such as the Post Falls Road District, “The highway commissioners in such highway distirct * * * have * * * jurisdiction over all highways within their district * * * and * * * have * * * all the powers and duties that would by…”
Bare v. Dep't of Highways, 401 P.2d 552 (Idaho 1965). · cites it 2× “Burdick, supra; I.C. § 40-107 (by implication); Carlton v.”
Rich v. Burdick, 362 P.2d 1088 (Idaho 1961). · cites it 2× “165, § 2, essentially the same as: I.C. § 40-107. “Highways are hereby defined as roads, streets, alleys and *339 bridges laid out or established for the public or dedicated or abandoned to the public.”
State Ex Rel. McKinney v. Richardson, 277 P.2d 272 (Idaho 1954). “(now § 40-107, I.C.). ■ There is practically no dispute in- the evidence that notice of the load limit for this bridge was properly posted.”
Worley High. Dist. v. Kootenai Cnty., 663 P.2d 1135 (Idaho Ct. App. 1983). · cites it 4× “I.C. § 40-107. Control over public streets, in unincorporated areas, is shared by counties and highway districts.”
Harshbarger v. Cnty. of Jerome, 693 P.2d 451 (Idaho 1984). · cites it 2× “I.C. § 40-107. The Idaho Code places the duty to improve and maintain the highways within their jurisdiction on all counties within the state.”
State Ex Rel. Burns v. Kelly, 403 P.2d 566 (Idaho 1965). · cites it 6× “■The legislature of this state has enacted several provisions defining a “highway”, concerning highway administration, the use of highways, and obstruction or injuries to highways, to-wit: I.C. § 40-107: “Highways are hereby defined as roads, streets, alleys and bridges laid out…”
City of Boise City ex rel. Amyx v. Idaho Bd. of High. Directors of the Dep't of Highways, 486 P.2d 1015 (Idaho 1971). · cites it 2× “Landscaping involves architectural and engineering questions and is included as part of the definition of highways under the provisions of I.C. § 40-107. See also: State ex rel. Burns v.”
Hill v. Blaine Cnty. (Idaho 2024). · cites it 2× “and other federal access grants and shall be considered to be any road, trail, access or way upon which construction has been carried out to the standard in which public-rights-of-way were built within historic context.”
— Idaho Code § 40-107(5) — 1 case
Hill v. Blaine Cnty. (Idaho 2024). “and other federal access grants and shall be considered to be any road, trail, access or way upon which construction has been carried out to the standard in which public-rights-of-way were built within historic context.”
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