Idaho Code
Idaho Code § 40-2312 (2026)
Width of highways.
✓ current as of May 2026
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Width of highways.
(1) Where the width of a highway is stated in the plat, dedication, deed, easement, agreement, official road book, determination or other document or by an oral agreement supported by clear and convincing evidence that effectively conveys, creates, recognizes or modifies the highway or establishes the width, that width shall control.
(2) Where no width is established as provided for in subsection (1) of this section and where subsection (3) of this section is not applicable, such highways, except bridges and those located within cities, shall be not less than fifty (50) feet wide.
(3) Highways that at the time of a validation or judicial proceeding are not located on land owned by the United States or the state of Idaho or on land entirely surrounded by land owned by the United States or the state of Idaho, and that have not received maintenance at the expense of the public in at least three (3) years during the previous fifteen (15) years, shall be declared to be of such width, and none greater, as is sufficient to accommodate:
(a) The existing physical road surface;
(b) Existing uses of the highway;
(c) Existing features included within the definition of highways in section 40-109(5), Idaho Code;
(d) Such space for existing utilities as has historically been required for ongoing maintenance, replacement and upgrade of such utilities; and
(e) Space reasonably required for maintenance, motorist and pedestrian safety, necessary to maintain existing uses of the highway.
(4) Nothing in this section shall diminish or otherwise limit the authority and rights of irrigation districts, canal companies or other such entities as provided in chapters 11 and 12, title 42, Idaho Code.
(5) Nothing in this section shall diminish or otherwise limit any right of eminent domain as set forth in chapter 7, title 7, Idaho Code.
Notes of Decisions
Cited in 5
cases, 1988–2020 · leading case: Halvorson v. North Latah Cnty. High. Dist., 254 P.3d 497 (Idaho 2011).
Halvorson v. North Latah Cnty. High. Dist., 254 P.3d 497 (Idaho 2011). “§ 10-2812 and the location of the Halvorsons’ alleged injuries Idaho Code § 40-2312 states that “[a]ll highways, except bridges and those located within cities, shall be not less than fifty (50) feet wide, except those of a lesser width presently existing, and may be as wide as…”
Sopatyk v. Lemhi Cnty., 264 P.3d 916 (Idaho 2011). “This 1887 statute is the progenitor of today’s I.C. § 40-2312, which similarly states: “All highways, except bridges and those located within cities, shall be not less than fifty (50) feet wide, except those of a lesser width presently existing.”
Burrup v. Stanger, 753 P.2d 261 (Idaho Ct. App. 1988). “Further, the court declared the road to be fifty feet wide pursuant to I.C. § 40-2312, and ordered Bannock County, a nonparty, to maintain it.”
Nampa Hwy Dist 1 v. Knight (Idaho 2020). “NHD argues for the first time on appeal that Appellants’ predecessors in interest were not bona fide purchasers because they were on constructive notice that the Road had a width of at least fifty feet as established by Idaho Code section 40-2312. Appellants conceded at oral…”
Don & Charlotte Halvorson v. No. Latah Cnty. High. Dist. (Idaho 2011). “§ 40-2312 and the location of the Halvorsons’ alleged injuries Idaho Code § 40-2312 states that “[a]ll highways, except bridges and those located within cities, shall be not less than fifty (50) feet wide, except those of a lesser width presently existing, and may be as wide as…”
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