Idaho Code

Idaho Code § 40-502 (2026)

Maintenance of state highways. 

✓ current as of May 2026
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Maintenance of state highways. 

All state highways shall be maintained by the department at state expense, including sections of state highways located within local highway jurisdictions, except that in local highway jurisdictions where state highway sections are built to local highway jurisdictions standards, such as with curbs, sidewalks and areas available for parking and bus stops, the department shall maintain at state expense only the width of traveled way required for the movement of through highway traffic. The width of traveled way to be maintained at state expense shall not exceed the width of the traveled way of the state highways approaching the incorporated areas.

Notes of Decisions
Cited in 2 cases, 1941–2001 · leading case: Udy v. Custer County
Udy v. Custer County (2001) idaho · cites it 8× “The Court must assume, however, that the legislature did not include such a phrase because it did not want to impose this duty on county sheriffs as a matter of statutory liability. Instead, the legislature has placed the responsibility of maintaining State highways, [1] such as…”
Union Central Life Insurance v. Rahn (1941) idaho · cites it 6× “Section 40-502 2 requires as compliance with the above that insurance companies designate the commissioner of finance as their agent for service of process.”
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