Idaho Code
Idaho Code § 40-203A (2026)
Validation of county or highway district system highway or public right-of-way.
✓ current as of May 2026
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Validation of county or highway district system highway or public right-of-way.
(1) Any resident or property holder within a county or highway district system, including the state of Idaho or any of its subdivisions, or any agency of the federal government, may petition the board of county or highway district commissioners, whichever shall have jurisdiction of the highway system, to initiate public proceedings to validate a highway or public right-of-way, including those which furnish public access to state and federal public lands and waters, provided that the petitioner shall pay a reasonable fee as determined by the commissioners to cover the cost of the proceedings, or the commissioners may initiate validation proceedings on their own resolution, if any of the following conditions exist:
(a) If, through omission or defect, doubt exists as to the legal establishment or evidence of establishment of a highway or public right-of-way;
(b) If the location of the highway or public right-of-way cannot be accurately determined due to numerous alterations of the highway or public right-of-way, a defective survey of the highway, public right-of-way or adjacent property, or loss or destruction of the original survey of the highways or public rights-of-way; or
(c) If the highway or public right-of-way as traveled and used does not generally conform to the location of a highway or public right-of-way described on the official highway system map or in the public records.
(2) If proceedings for validation of a highway or public right-of-way are initiated, the commissioners shall follow the procedure set forth in section 40-203, Idaho Code, and shall:
(a) If the commissioners determine it is necessary, cause the highway or public right-of-way to be surveyed;
(b) Cause a report to be prepared, including consideration of any survey and any other information required by the commissioners;
(c) Establish a hearing date on the proceedings for validation;
(d) Cause notice of the proceedings to be provided in the same manner as for abandonment and vacation proceedings; and
(e) At the hearing, the commissioners shall consider all information relating to the proceedings and shall accept testimony from persons having an interest in the proposed validation.
(3) Upon completion of the proceedings, the commissioners shall determine whether validation of the highway or public right-of-way is in the public interest and shall enter an order validating the highway or public right-of-way as public or declaring it not to be public.
(4) From any such decision, any resident or property holder within a county or highway district system, including the state of Idaho or any of its subdivisions, or any agency of the federal government, may appeal to the district court of the county in which the highway or public right-of-way is located pursuant to section 40-208, Idaho Code.
(5) When a board of commissioners validates a highway or public right-of-way, it shall cause the order validating the highway or public right-of-way, and if surveyed, cause the survey to be recorded in the county records and shall amend the official highway system map of the respective county or highway district.
(6) The commissioners shall proceed to determine and provide just compensation for the removal of any structure that, prior to creation of the highway or public right-of-way, encroached upon a highway or public right-of-way that is the subject of a validation proceeding, or if such is not practical, the commissioners may acquire property to alter the highway or public right-of-way being validated.
(7) This section does not apply to the validation of any highway, public street or public right-of-way which is to be accepted as part of a platted subdivision pursuant to chapter 13, title 50, Idaho Code.
Notes of Decisions
Cited in 18
cases (8 in the last 5 years), 2000–2025 · leading case: Nemeth v. Shoshone Cnty., 453 P.3d 844 (Idaho 2019).
Nemeth v. Shoshone Cnty., 453 P.3d 844 (Idaho 2019). “The Nemeths noted in their petition that they would pay a reasonable fee to cover the cost of the validation proceedings, as required by Idaho Code section 40-203A. After nearly eight months, on May 17, 2017, the Board of County Commissioners notified the Nemeths of its failure…”
Cobbley v. City of Challis, 139 P.3d 732 (Idaho 2006). “While htigation proceeded, respondent Custer County validated the road pursuant to I.C. § 40-203A. The Cobbleys filed a document purporting to be an appeal of the County’s decision, but the district court ruled that the Cobbleys had incorrectly filed it as a pleading in their…”
Sopatyk v. Lemhi Cnty., 264 P.3d 916 (Idaho 2011). “Whether the Board failed to determine whether validating ACR was in the public interest under I.C. § 40-203A? 5. Whether the County exceeded its authority by validating a fifty-foot-wide roadway? 6.”
Galvin v. Canyon High. Dist. No. 4, 6 P.3d 826 (Idaho 2000). “The district’s Board of Commissioners determined that it could solve the problem by validating the public right-of-way pursuant to I.C. § 40-203A. Following a public hearing, the Board approved Public Right of Way Validation and Order/Resolution No.”
Halvorson v. North Latah Cnty. High. Dist., 254 P.3d 497 (Idaho 2011). “Ordinarily, a validation proceeding as described in I.C. § 40-203A is the appropriate method to “validate an existing highway or public right-of-way about which there is some kind of doubt,” although “[i]t does not allow for the creation of new public rights.”
Munden v. Bannock Cnty., 504 P.3d 354 (Idaho 2022). “” I.C. § 40-203A(1). The rules for statutory interpretation are well known: The objective of statutory interpretation is to derive the intent of the legislative body that adopted the act.”
Euclid Avenue Trust v. City of Boise, 193 P.3d 853 (Idaho 2008). “In Cobbley , the plaintiffs attempted to add a request for judicial review of a county road validation decision under I.C. § 40-203A to an on-going suit for damages for a city’s alleged failure to properly maintain the road.”
Cnty. of Shoshone v. United States, 912 F. Supp. 2d 912 (D. Idaho 2012). “49) (citing I.C. §§ 40-203A(l) & (4)) (“... under Idaho laws, members of the public who have specialized and unique interests in the right-of-way should be able to bring suit to protect their rights when the federal government seeks to infringe on those rights.”
Hill v. Blaine Cnty. (Idaho 2024). “Validation is a determination that the County will assume jurisdiction over a highway or right-of-way.”
Richel Fam. Trust v. Worley Hwy Dist (Idaho 2020). “See I.C. § 40-203A (providing that a resident may petition the highway district that has jurisdiction of the highway system to validate a public right-of-way).”
Palmer v. ESHD (Idaho 2020). “I.C. § 40-203A(1). Highway district commissioners are also permitted to abandon and vacate a right-of-way under Idaho Code section 40-203, by initiating proceedings either by resolution or upon a petition.”
Jutila v. Cnty. of Shoshone (Idaho 2025). “” Upon receiving the Petition, the Board initiated validation proceedings pursuant to Idaho Code section 40-203A and held a public hearing on the Petition.”
— Idaho Code § 40-203A(1) — 7 cases
Munden v. Bannock Cnty., 504 P.3d 354 (Idaho 2022). “” I.C. § 40-203A(1). The rules for statutory interpretation are well known: The objective of statutory interpretation is to derive the intent of the legislative body that adopted the act.”
Nemeth v. Shoshone Cnty., 453 P.3d 844 (Idaho 2019). “The Nemeths noted in their petition that they would pay a reasonable fee to cover the cost of the validation proceedings, as required by Idaho Code section 40-203A. After nearly eight months, on May 17, 2017, the Board of County Commissioners notified the Nemeths of its failure…”
Halvorson v. North Latah Cnty. High. Dist., 254 P.3d 497 (Idaho 2011). “Ordinarily, a validation proceeding as described in I.C. § 40-203A is the appropriate method to “validate an existing highway or public right-of-way about which there is some kind of doubt,” although “[i]t does not allow for the creation of new public rights.”
Palmer v. ESHD (Idaho 2020). “I.C. § 40-203A(1). Highway district commissioners are also permitted to abandon and vacate a right-of-way under Idaho Code section 40-203, by initiating proceedings either by resolution or upon a petition.”
Munden v. Bannock Cnty. (Idaho 2021).
— Idaho Code § 40-203A(1)(a) — 2 cases
Richel Fam. Trust v. Worley Hwy Dist (Idaho 2020). “See I.C. § 40-203A (providing that a resident may petition the highway district that has jurisdiction of the highway system to validate a public right-of-way).”
Palmer v. ESHD (Idaho 2020). “I.C. § 40-203A(1). Highway district commissioners are also permitted to abandon and vacate a right-of-way under Idaho Code section 40-203, by initiating proceedings either by resolution or upon a petition.”
— Idaho Code § 40-203A(1)(b) — 1 case
Richel Fam. Trust v. Worley Hwy Dist (Idaho 2020). “See I.C. § 40-203A (providing that a resident may petition the highway district that has jurisdiction of the highway system to validate a public right-of-way).”
— Idaho Code § 40-203A(2) — 1 case
Hill v. Blaine Cnty. (Idaho 2024). “Validation is a determination that the County will assume jurisdiction over a highway or right-of-way.”
— Idaho Code § 40-203A(2)(e) — 2 cases
Sopatyk v. Lemhi Cnty., 264 P.3d 916 (Idaho 2011). “Whether the Board failed to determine whether validating ACR was in the public interest under I.C. § 40-203A? 5. Whether the County exceeded its authority by validating a fifty-foot-wide roadway? 6.”
Richel Fam. Trust v. Worley Hwy Dist (Idaho 2020). “See I.C. § 40-203A (providing that a resident may petition the highway district that has jurisdiction of the highway system to validate a public right-of-way).”
— Idaho Code § 40-203A(3) — 5 cases
Sopatyk v. Lemhi Cnty., 264 P.3d 916 (Idaho 2011). “Whether the Board failed to determine whether validating ACR was in the public interest under I.C. § 40-203A? 5. Whether the County exceeded its authority by validating a fifty-foot-wide roadway? 6.”
Hill v. Blaine Cnty. (Idaho 2024). “Validation is a determination that the County will assume jurisdiction over a highway or right-of-way.”
Jutila v. Cnty. of Shoshone (Idaho 2025). “” Upon receiving the Petition, the Board initiated validation proceedings pursuant to Idaho Code section 40-203A and held a public hearing on the Petition.”
Jutila v. Cnty. of Shoshone (Idaho 2025).
Palmer v. ESHD (Idaho 2020). “I.C. § 40-203A(1). Highway district commissioners are also permitted to abandon and vacate a right-of-way under Idaho Code section 40-203, by initiating proceedings either by resolution or upon a petition.”
— Idaho Code § 40-203A(4) — 1 case
Cobbley v. City of Challis, 139 P.3d 732 (Idaho 2006). “While htigation proceeded, respondent Custer County validated the road pursuant to I.C. § 40-203A. The Cobbleys filed a document purporting to be an appeal of the County’s decision, but the district court ruled that the Cobbleys had incorrectly filed it as a pleading in their…”
— Idaho Code § 40-203A(5) — 1 case
Hill v. Blaine Cnty. (Idaho 2024). “Validation is a determination that the County will assume jurisdiction over a highway or right-of-way.”
— Idaho Code § 40-203A(6) — 1 case
Palmer v. ESHD (Idaho 2020). “I.C. § 40-203A(1). Highway district commissioners are also permitted to abandon and vacate a right-of-way under Idaho Code section 40-203, by initiating proceedings either by resolution or upon a petition.”
— Idaho Code § 40-203A(l) — 1 case
Cnty. of Shoshone v. United States, 912 F. Supp. 2d 912 (D. Idaho 2012). “49) (citing I.C. §§ 40-203A(l) & (4)) (“... under Idaho laws, members of the public who have specialized and unique interests in the right-of-way should be able to bring suit to protect their rights when the federal government seeks to infringe on those rights.”
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