Idaho Code

Idaho Code § 40-311 (2026)

Powers and duties — Property.

✓ current as of May 2026

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Powers and duties — Property.

The board shall:

(1) Purchase, exchange, condemn or otherwise acquire, any real property, either in fee or in any lesser estate or interest, rights-of-way, easements and other rights and rights of direct access from the property abutting highways with controlled access, deemed necessary by the board for present or future state highway purposes. The order of the board that the land sought is necessary for such use shall be prima facie evidence of that fact.

(2) Cooperate with and receive donations and aid from private sources in the form of improvements to state owned property.

(3) Purchase, lease or otherwise acquire and develop lands for the purpose of securing highway making materials, and purchase, lease or otherwise acquire mill and factory sites and construct, equip and operate mills and factories for the reduction and manufacture of highway making materials.

(4) Sell, exchange, or otherwise dispose of and convey, in accordance with law, any real property, other than public lands which by the constitution and laws of the state of Idaho are placed under the jurisdiction of the state land board, or parts of them, together with appurtenances. When in the opinion of the board the real property and/or appurtenances are no longer needed for state highway purposes, dispose of any surplus materials and by-products from the real property and appurtenances.

(5) Make a lump sum payment with funds available for acquisition, when irrigable lands served or to be served by an irrigation works and system of an organization, whether incorporated or unincorporated, existing for the purpose of furnishing water for irrigation, are acquired by the board. The cost and expense of the acquisition of those lands for highway purposes shall be in an amount sufficient to pay the pro rata share of the organization’s indebtedness, if any, including the organization’s indebtedness to the United States or any public or private lending agency, allocable to the lands acquired by the board, together with interest on the pro rata share of the indebtedness in the event the indebtedness shall not be callable in advance of maturity. If the lands acquired by the board and the construction of a highway on those lands shall intersect the irrigation works and system of the organization, then a further sum shall be paid the organization sufficient for the value of the property acquired by the board, and the severance damage to the irrigation works and system, including the damage resulting from the interference and impairment of the operation of the works and system.

Notes of Decisions

Cited in 3 cases, 2012–2020 · leading case: Idaho Transp. Dep't Bd. v. HJ Grathol, 278 P.3d 957 (Idaho 2012).

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Idaho Transp. Dep't Bd. v. HJ Grathol, 278 P.3d 957 (Idaho 2012). · cites it 6× “The Board has the power of eminent domain pursuant to I.C. § 40-311(1). The Boai’d contends that the subject property is needed for the Garwood to Sagle Project, Athol Segment, and that it authorized the condemnation of the subject property through its annual approval of the…”

Ferguson v. State of Idaho Dep't of Transp. (D. Idaho 2020). · cites it 2× “” Idaho Code § 40-311 . To effectively exercise its regulatory powers, the Board is authorized to engage in cooperative efforts with counties, cities, and highway districts.”

— Idaho Code § 40-311(1) — 1 case

Idaho Transp. Dep't Bd. v. HJ Grathol, 278 P.3d 957 (Idaho 2012). “The Board has the power of eminent domain pursuant to I.C. § 40-311(1). The Boai’d contends that the subject property is needed for the Garwood to Sagle Project, Athol Segment, and that it authorized the condemnation of the subject property through its annual approval of the…”

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