Idaho Code

Idaho Code § 40-109 (2026)

Definitions — H.

✓ current as of May 2026

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Definitions — H.

(1) "Highway district system" means all public highways within each highway district, except those included within the state highway system, those under another state agency, those included within city highway systems of incorporated cities with a functioning street department, and those under federal control.

(2) "Highway system, county." (See "County highway system," section 40-104, Idaho Code)

(3) "Highway system, state." (See "State highway system," section 40-120, Idaho Code)

(4) "Highway users’ fund bonds" mean those bonds issued for and on behalf of dissolved city highway systems or highway districts, and the funds out of which those bonds are repayable shall be the moneys received or provided by section 40-707, Idaho Code.

(5) "Highways" mean roads, streets, alleys and bridges laid out or established for the public or dedicated or abandoned to the public. Highways shall include necessary culverts, sluices, drains, ditches, waterways, embankments, retaining walls, bridges, tunnels, grade separation structures, roadside improvements, adjacent lands or interests lawfully acquired, pedestrian facilities, and any other structures, works or fixtures incidental to the preservation or improvement of the highways. Roads laid out and recorded as highways, by order of a board of commissioners, and all roads used as such for a period of five (5) years, provided they shall have been worked and kept up at the expense of the public, or located and recorded by order of a board of commissioners, are highways.

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 1957–2026 · leading case: City of Sandpoint v. Sandpoint Indep. High. Dist., 72 P.3d 905 (Idaho 2003).

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City of Sandpoint v. Sandpoint Indep. High. Dist., 72 P.3d 905 (Idaho 2003). · cites it 3× “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.”

Stafford v. Klosterman, 998 P.2d 1118 (Idaho 2000). · cites it 6× “Analysis A highway is defined in Idaho Code § 40-109 (5): ... Roads laid out and recorded as highways, by order of a board of commissioners, and all roads used as such for a period of five (5) years, provided they shall have been worked and kept up at the expense of the public,…”

Freeman v. Juker, 808 P.2d 1300 (Idaho 1991). · cites it 6× “I.C. § 40-109 defines the “Highway district system,” and further defines “Highways” within each highway district.”

Farrell v. Bd. of Com'rs, Lemhi Cnty., 64 P.3d 304 (Idaho 2002). · cites it 2× “Laws, Chapter 93, Section 4(b), codified as Idaho Code section 40-109(b) (1961). Indian Creek Road was not color-coded as a County road on any of these subsequent County road inventory maps.”

State v. Nesbitt, 310 P.2d 787 (Idaho 1957). · cites it 4× “§ 40-402 defining highways; also by I.C. § 40-109, subd. (b) defining the county road system, and the road under consideration here is not situate within a municipal street system, and admittedly is not included within a state highway system; also borne out by I.”

Burrup v. Stanger, 753 P.2d 261 (Idaho Ct. App. 1988). · cites it 4× “Compare I.C. § 40-109(5). Prior to 1985 the identical language quoted above was found in former I.”

State v. Murray, 148 P.3d 1278 (Idaho Ct. App. 2006). · cites it 2× “Provided, however, that nothing in this subsection shall allow the unlawful posting of signs or other information on or adjacent to public highways as defined in subsection (5) of section 40-109, Idaho Code. (B) Nothing in this section authorizes the establishment of any…”

Pugmire v. Johnson, 643 P.2d 832 (Idaho 1982). · cites it 2× “§ 40-103, then appellants argue that it is part of the “county road system” as the result of I.C. § 40-109. 2 We agree. The record clearly shows that at least some of the roads in question have been used by the public for longer than five years and maintained at public expense…”

Lattin v. Adams Cnty., 236 P.3d 1257 (Idaho 2010). “§ 40-109(5) (providing an identical definition for a public "highway”).”

Blaine Cnty. v. Bryson, 705 P.2d 1078 (Idaho Ct. App. 1985). · cites it 2× “§ 40-103 now substantially appears at I.C. § 40-109(5). We will refer in today’s opinion to the prior statutes because they were extant at times pertinent to this case.”

Worley High. Dist. v. Kootenai Cnty., 663 P.2d 1135 (Idaho Ct. App. 1983). · cites it 4× “" I.C. § 40-109. In 1975 the Legislature passed the Local Planning Act.”

Doyle v. The Harris Ranch Cmty. Infrastructure Dist. No. 1 (Idaho 2026). · cites it 6× “The easement gives ACHD “jurisdiction over the public highways, including sidewalks, and public rights-of-way which adjoin and are adjacent to the Servient Estate,” for the purposes of “construction, reconstruction, operation, maintenance and placement of a Highway (as defined…”

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— Idaho Code § 40-109(5) — 8 cases

Freeman v. Juker, 808 P.2d 1300 (Idaho 1991). “I.C. § 40-109 defines the “Highway district system,” and further defines “Highways” within each highway district.”

Burrup v. Stanger, 753 P.2d 261 (Idaho Ct. App. 1988). “Compare I.C. § 40-109(5). Prior to 1985 the identical language quoted above was found in former I.”

Stafford v. Klosterman, 998 P.2d 1118 (Idaho 2000). “Analysis A highway is defined in Idaho Code § 40-109 (5): ... Roads laid out and recorded as highways, by order of a board of commissioners, and all roads used as such for a period of five (5) years, provided they shall have been worked and kept up at the expense of the public,…”

Lattin v. Adams Cnty., 236 P.3d 1257 (Idaho 2010). “§ 40-109(5) (providing an identical definition for a public "highway”).”

Blaine Cnty. v. Bryson, 705 P.2d 1078 (Idaho Ct. App. 1985). “§ 40-103 now substantially appears at I.C. § 40-109(5). We will refer in today’s opinion to the prior statutes because they were extant at times pertinent to this case.”

— Idaho Code § 40-109(b) — 1 case

Farrell v. Bd. of Com'rs, Lemhi Cnty., 64 P.3d 304 (Idaho 2002). “Laws, Chapter 93, Section 4(b), codified as Idaho Code section 40-109(b) (1961). Indian Creek Road was not color-coded as a County road on any of these subsequent County road inventory maps.”

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