Idaho Code
Idaho Code § 40-120 (2026)
Definitions — S.
✓ current as of May 2026
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Definitions — S.
(1) "Safety rest area" means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for convenience of the traveling public.
(2) "Short-listing" means the narrowing of the field of potential design-build firms through the selection of the most qualified design-build firms who have responded to a request for qualifications.
(3) "Sign." (See "Advertising structure," section 40-102, Idaho Code)
(4) "Single countywide highway district" means all public highways within the county, including those within all cities of the county, but excepting those within the state highway system and those under federal control.
(5) "State highway system" means the principal highway arteries in the state, including connecting arteries and extensions through cities, and includes roads to every county seat in the state.
(6) "State law" means a provision of the constitution or statutes of this state, or an ordinance, rule or regulation enacted or adopted by an agency or political subdivision of this state pursuant to the constitution or statutes.
(7) "Stipend" means a monetary amount that may be paid to unsuccessful design-build firms who have submitted responsive proposals in response to an RFP. The purpose of a stipend is to encourage competition by offering to compensate responsive but unsuccessful design-build firms for a portion of the proposal development costs.
(8) "Street" means a thoroughfare, alley, highway or a right-of-way that may be open for public use but is not part of a public highway system nor under the jurisdiction of a public highway agency.
(9) "Structure." (See "Advertising structure," section 40-102, Idaho Code)
(10) "System, city." (See "City system," section 40-104, Idaho Code)
Notes of Decisions
Cited in 15
cases, 1959–2001 · leading case: State Ex Rel. Rich v. Idaho Power Co., 346 P.2d 596 (Idaho 1959).
State Ex Rel. Rich v. Idaho Power Co., 346 P.2d 596 (Idaho 1959). “This is a declaratory judgment action brought by appellant (plaintiff) State of Idaho on relation of its Board of Highway Directors against respondents (defendants) Idaho Power Company and The Mountain States Telephone and Telegraph Company to determine the constitutionality of…”
Smith v. State, 473 P.2d 937 (Idaho 1970). “[11] The relevant duties and powers of the Idaho Board of Highway Directors are prescribed by I.C. § 40-120 and are as follows: "40-120.”
Udy v. Custer Cnty., 34 P.3d 1069 (Idaho 2001). “NOTES [1] Idaho Code section 40-120(4) defines "State highway system" to mean "the principal highway arteries in the state, including connecting arteries and extensions through cities, and includes roads to every county seat in the state.”
State v. Smith, 862 P.2d 1093 (Idaho Ct. App. 1993). “Idaho Code § 40-120 (4) defines "State highway system" to mean "the principal highway arteries in the state, including connecting arteries and extensions through cities, and includes roads to every county seat in the state.”
Merritt v. State, 742 P.2d 397 (Idaho 1987). “I.C. §§ 40-120(16); 40-2401, repealed by S.”
Villages of Eden & Hazelton v. Idaho Bd. of High. Directors, 367 P.2d 294 (Idaho 1961). “In approaching the issue, whether the district court had jurisdiction to entertain the subject matter of the appeal, the crucial question is whether, in arriving at its determination, appellant as a matter of law proceeded under I.C. § 40-120 or I.C. § 40-121. The trial court…”
Citizens Utils. Co. v. Idaho Pub. Utils. Comm'n, 579 P.2d 110 (Idaho 1978). “Pursuant to I.C. § 40-120(9), 4 the state paid Citizens $108,011 for moving and relocating the service line.”
Padgett v. Williams, 348 P.2d 944 (Idaho 1960). “Idaho Code § 40-120 provides in part: “The Idaho board of highway, directors, subject to the right of protest hereinafter provided for, shall be vested with the functions, powers and duties relating to the administration of this act and shall have power to: * * * * * * “(22)…”
Rich v. Williams, 341 P.2d 432 (Idaho 1959). “Plaintiffs point to I.C. § 40-120(10) which provides that the Board of Highway Directors are empowered to receive moneys from the federal government and other sources, and expend it for the construction and improvement of any state and federal-aid highway system; that subsection…”
Jones v. Burns, 357 P.2d 22 (Mont. 1960). “227, Idaho Code, § 40-120(27) does not meet the test required by our Constitution and "We therefore hold that I.”
Bare v. Dep't of Highways, 401 P.2d 552 (Idaho 1965). “§ 40-2401, and has authorized its board of highway directors, in the name of the state, to enter into contracts and agreements with the federal government, or the authorized agencies thereof, for the planning, construction and maintenance of highways.”
Walker v. Idaho Bd. of High. Directors, 524 P.2d 169 (Idaho 1974). “I.C. § 40-120 authorizes the highway board to: “(1) Contract fully * * * with respect to the rights, powers and duties vested in the board * * * ****** “(9) Purchase, condemn or otherwise acquire (including exchange), any real property * * * deemed necessary by the board for…”
— Idaho Code § 40-120(10) — 1 case
Rich v. Williams, 341 P.2d 432 (Idaho 1959). “Plaintiffs point to I.C. § 40-120(10) which provides that the Board of Highway Directors are empowered to receive moneys from the federal government and other sources, and expend it for the construction and improvement of any state and federal-aid highway system; that subsection…”
— Idaho Code § 40-120(13) — 2 cases
Bare v. Dep't of Highways, 401 P.2d 552 (Idaho 1965). “§ 40-2401, and has authorized its board of highway directors, in the name of the state, to enter into contracts and agreements with the federal government, or the authorized agencies thereof, for the planning, construction and maintenance of highways.”
State Ex Rel. Burns v. Kelly, 403 P.2d 566 (Idaho 1965).
— Idaho Code § 40-120(16) — 1 case
Merritt v. State, 742 P.2d 397 (Idaho 1987). “I.C. §§ 40-120(16); 40-2401, repealed by S.”
— Idaho Code § 40-120(18) — 1 case
State Ex Rel. Burns v. Kelly, 403 P.2d 566 (Idaho 1965).
— Idaho Code § 40-120(22) — 1 case
Padgett v. Williams, 348 P.2d 944 (Idaho 1960). “Idaho Code § 40-120 provides in part: “The Idaho board of highway, directors, subject to the right of protest hereinafter provided for, shall be vested with the functions, powers and duties relating to the administration of this act and shall have power to: * * * * * * “(22)…”
— Idaho Code § 40-120(27) — 2 cases
State Ex Rel. Rich v. Idaho Power Co., 346 P.2d 596 (Idaho 1959). “This is a declaratory judgment action brought by appellant (plaintiff) State of Idaho on relation of its Board of Highway Directors against respondents (defendants) Idaho Power Company and The Mountain States Telephone and Telegraph Company to determine the constitutionality of…”
Jones v. Burns, 357 P.2d 22 (Mont. 1960). “227, Idaho Code, § 40-120(27) does not meet the test required by our Constitution and "We therefore hold that I.”
— Idaho Code § 40-120(4) — 2 cases
Udy v. Custer Cnty., 34 P.3d 1069 (Idaho 2001). “NOTES [1] Idaho Code section 40-120(4) defines "State highway system" to mean "the principal highway arteries in the state, including connecting arteries and extensions through cities, and includes roads to every county seat in the state.”
State v. Smith, 862 P.2d 1093 (Idaho Ct. App. 1993). “Idaho Code § 40-120 (4) defines "State highway system" to mean "the principal highway arteries in the state, including connecting arteries and extensions through cities, and includes roads to every county seat in the state.”
— Idaho Code § 40-120(9) — 1 case
Citizens Utils. Co. v. Idaho Pub. Utils. Comm'n, 579 P.2d 110 (Idaho 1978). “Pursuant to I.C. § 40-120(9), 4 the state paid Citizens $108,011 for moving and relocating the service line.”
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