Idaho Code
Idaho Code § 40-501 (2026)
Transportation department.
✓ current as of May 2026
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Transportation department.
An Idaho transportation department is established, and for the purposes of section 20, article IV of the constitution of the state of Idaho, is an executive department of state government. The department shall have as its head the Idaho transportation board, established by chapter 3, title 40, Idaho Code.
Notes of Decisions
Cited in 13
cases, 1941–2020 · leading case: Floyd v. Bd. of Com'rs Bonneville Cnty., 52 P.3d 863 (Idaho 2002).
Floyd v. Bd. of Com'rs Bonneville Cnty., 52 P.3d 863 (Idaho 2002). “Idaho Code § 40-501 provides that the Board of County Commissioners may by “proper ordinance” abolish or abandon such highways that are unnecessary.”
Farrell v. Bd. of Com'rs, Lemhi Cnty., 64 P.3d 304 (Idaho 2002). “THE COUNTY HAS NOT ABANDONED INDIAN CREEK ROAD BY FORMAL ACTION Both parties concede that abandonment of Indian Creek Road could have been effected by formal action under Idaho Code § 40-501 (1948), which states that “[t]he board of County commissioners, by proper ordinances,…”
State v. Nesbitt, 310 P.2d 787 (Idaho 1957). “(b) defining the county road system, and the road under consideration here is not situate within a municipal street system, and admittedly is not included within a state highway system; also borne out by I.C. § 40-501 relating to duties of the county commissioners to be…”
Lochsa Falls, L.L.C. v. State, 207 P.3d 963 (Idaho 2009). “I.C. §§ 40-501 & 67-5201(2); Westway, 139 Idaho at 111 , 73 P.”
Westway Constr., Inc. v. Idaho Transp. Dep't, 73 P.3d 721 (Idaho 2003). “IDAHO CODE § 40-501 (2002). To be a contested case, the proceeding must be one that may result in the issuance of an “order.”
Nicolaus v. Bodine, 448 P.2d 645 (Idaho 1968). “Since, in the area of highway administration, the highway district commission assumes the duties of the county commissioners, I.”
Worley High. Dist. v. Kootenai Cnty., 663 P.2d 1135 (Idaho Ct. App. 1983). “See I.C. § 40-501. In 1943, the counties were authorized to rename any highway if necessary to "eradicate confusion.”
John W. Brown Props. v. Blaine Cnty., 59 P.3d 976 (Idaho 2002). “The Supreme Court on review of the commissioners’ action held that I.C. § 40-501 governed the abandonment of highways and bridges and that the county must go through the formal abandonment process in order to declare the bridge abandoned.”
Evers v. Cnty. of Custer, 745 F.2d 1196 (9th Cir. 1984). “Idaho Code § 40-501 (1977) makes it a duty of the commissioners to record as public highways roads which have become such by use.”
Ferguson v. State of Idaho Dep't of Transp. (D. Idaho 2020). “Idaho Code § 40-501 . The Idaho Transportation Board serves as the head of the ITD, and ITD acts through the decisions of the Board.”
Ferguson v. State of Idaho Dep't of Transp. (D. Idaho 2020). “Idaho Code § 40-501 . The Idaho Transportation Board serves as the head of the ITD, and ITD acts through the decisions of the Board.”
Union Cent. Life Ins. v. Rahn, 118 P.2d 717 (Idaho 1941). “*247 Appellants admit respondent has at all times complied with sections 40-501 to 40-513 I. C. A., but contend this authorized it to do only an insurance business, and, not having complied with sections 29-501 to 29-508, could not engage in the business of loaning money.”
— Idaho Code § 40-501(12) — 1 case
Worley High. Dist. v. Kootenai Cnty., 663 P.2d 1135 (Idaho Ct. App. 1983). “See I.C. § 40-501. In 1943, the counties were authorized to rename any highway if necessary to "eradicate confusion.”
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