Idaho Code

Idaho Code § 50-1028 (2026)

Grant of authority.

✓ current as of May 2026

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Grant of authority.

Any city acquiring, constructing, reconstructing, improving, bettering or extending any works pursuant to this act, shall manage such works in the most efficient manner consistent with sound economy and public advantage, to the end that the services of such works shall be furnished at the lowest possible cost. No city shall operate any works primarily as a source of revenue to the city, but shall operate all such works for the use and benefit of those served by such works and for the promotion of the welfare and for the improvement of the health, safety, comfort and convenience of the inhabitants of the city.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1991–2024 · leading case: Loomis v. City of Hailey, 807 P.2d 1272 (Idaho 1991).

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Loomis v. City of Hailey, 807 P.2d 1272 (Idaho 1991). · cites it 7× “Idaho Code § 50-1028 sets forth the manner in which the city must operate the public works system: Grant of Authority.”

Hill-Vu Mobile Home Park v. City of Pocatello, 402 P.3d 1041 (Idaho 2017). · cites it 4× “” I.C. § 50-1028. “[I]f fees are collected under the disguise of the [Revenue Bond] Act and allocated and spent otherwise, then the fees are primarily revenue raising and will be construed as taxes.”

City of Chubbuck v. City of Pocatello, 899 P.2d 411 (Idaho 1995). · cites it 4× “I.C. § 50-1028. Chubbuck asserts that, by charging a rate of return for Chubbuek’s wastewater treatment, Pocatello is operating the wastewater treatment plant “primarily as a source of revenue” in violation of I.”

North Idaho Bldg. Contractors Ass'n v. City of Hayden, 343 P.3d 1086 (Idaho 2015). · cites it 6× “Because city sewer systems are not to be operated primarily as a source of city revenue and the services are to be furnished at the lowest possible cost, I.C. § 50-1028, and because of the lack of comparable sales of city sewer systems, the cost approach is the most feasible…”

Viking Constr., Inc. v. Hayden Lake Irrigation Dist., 233 P.3d 118 (Idaho 2010). · cites it 2× “The Revenue Bond Act at issue in Loomis provided, “No city shall operate any works primarily as a source of revenue to the city----” I.C. § 50-1028. If the works were operated primarily as a source of revenue to the city, then the fees collected would not be allocated and…”

Manwaring Investments, L.C. v. City of Blackfoot, 405 P.3d 22 (Idaho 2017). · cites it 2× “I.C. § 50-1028. Public works projects under IRBA “shall be and always remain self-supporting.”

Von Wandruszka v. City of Moscow, 554 P.3d 603 (Idaho 2024). · cites it 4× “” I.C. § 50-1028. Importantly, a municipality’s collection of charges for services from those who use them is based upon principles of contract law.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.