Idaho Code
Idaho Code § 40-201 (2026)
State highway, county highway, highway districts and city highway systems established.
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IClegislature.idaho.gov
Justiaon Justia
CornellLII Search
CasesGoogle Scholar
State highway, county highway, highway districts and city highway systems established.
There shall be a system of state highways in the state, a system of county highways in each county, a system of highways in each highway district, and a system of highways in each city, except as otherwise provided. The improvement of highways and highway systems is hereby declared to be the established and permanent policy of the state of Idaho, and the duty is hereby imposed upon the state, and all counties, cities, and highway districts in the state, to improve and maintain the highways within their respective jurisdiction as hereinafter defined, within the limits of the funds available.
Notes of Decisions
Cited in 7
cases, 1989–2016 · leading case: Udy v. Custer Cnty., 34 P.3d 1069 (Idaho 2001).
Udy v. Custer Cnty., 34 P.3d 1069 (Idaho 2001). “The Court must assume, however, that the legislature did not include such a phrase because it did not want to impose this duty on county sheriffs as a matter of statutory liability.”
Woodworth v. State Ex Rel. Idaho Transp. Bd., 298 P.3d 1066 (Idaho 2013). “In its briefing, the State acknowledged its obligation under I.C. § 40-201 to improve and maintain the state highways.”
City of Sandpoint v. Indep. High. Dist., 384 P.3d 368 (Idaho 2016). “I.C. §§ 40-201, 40-801. The City is a municipal corporation and it, too, has the statutory duty to improve and maintain highways within city limits.”
Cobbley v. City of Challis, 139 P.3d 732 (Idaho 2006). “The district court’s ruling is correct: a petition for judicial review of a road-validation decision of a local governing board is a distinct form of proceeding and cannot be brought as a pleading or motion within an underlying civil lawsuit. A board of county commissioners’…”
Taggart v. High. Bd. for the North Latah Cnty. High. Dist., 771 P.2d 37 (Idaho 1989). “" I.C. § 40-201. Here there is no question but that the highway district opened, dedicated and recorded the road in question as a public road, and that the highway district expended public money in the maintenance of the road until at least 1925.”
State v. Smith, 862 P.2d 1093 (Idaho Ct. App. 1993). “Idaho Code § 40-201 states: There shall be a system of state highways in the state, a system of county highways in each county, a system of highways in each highway district, and a system of highways in each city, except as otherwise provided.”
Roberts v. Transp. Dept., 827 P.2d 1178 (Idaho Ct. App. 1991). “Highway 69 is within the Department’s jurisdiction, which includes a thirty-three foot right-of-way on either side of the centerline of that highway. Deer Flat Road is within the jurisdiction of the ACHD.”
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.