Idaho Code
Idaho Code

Idaho Code § 40-2308 (2026)

Corporations may lay tracks and water mains. 

✓ current as of May 2026
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Corporations may lay tracks and water mains. 

Every gas, water, or railroad corporation has the power to lay conductors and tracks through the public ways and squares in any city with the consent of the city authorities, and under reasonable regulations and for just compensation, as the city authorities and the law prescribe.

Notes of Decisions
Cited in 3 cases, 1990–2012 · leading case: Alpert v. Boise Water Corp., 795 P.2d 298 (Idaho 1990).
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Alpert v. Boise Water Corp., 795 P.2d 298 (Idaho 1990). · cites it 20× “— Every gas, water, or railroad corporation has the power to lay conductors and tracks through the public ways and squares in any city with the consent of the city authorities, and under reasonable regulations and for just compensation, as the city authorities and the law…”
KEPLER-FLEENOR v. Fremont Cnty., 268 P.3d 1159 (Idaho 2012). · cites it 4× “§ 30-802 (water lines); I.C. § 40-2308 (gas and water lines in cities).”
Joni Kepler-Fleenor v. Fremont Cnty. (Idaho 2011). · cites it 2× “§ 30- 802 (water lines); I.C. § 40-2308 (gas and water lines in cities).”
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