Idaho Code
Idaho Code § 50-1301 (2026)
Definitions.
✓ current as of May 2026
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Definitions.
The following definitions shall apply to terms used in this section and sections 50-1302 through 50-1334, Idaho Code.
(1) Basis of bearing: The bearing in degrees, minutes and seconds, or equivalent, of a line between two (2) monuments or two (2) monumented corners that serves as the reference bearing for all other lines on the survey; or a description of the bearing system used to include a complete citation of the datum, epoch, and name of the published projection used must be shown on the survey. If a custom projection is used, the datum, epoch, and defining parameters of the projection sufficient to replicate the bearing system shall also be shown on the survey. For surveys where the bearing system is shown in accordance with this subsection, the convergence angle computed at a minimum of one monument on the survey must be shown.
(2) Easement: A right of use, falling short of ownership, and usually for a certain stated purpose;
(3) Functioning street department: A city department responsible for the maintenance, construction, repair, snow removal, sanding and traffic control of a public highway or public street system which qualifies such department to receive funds from the highway distribution account to local units of government pursuant to section 40-709, Idaho Code;
(4) GLO: The general land office and its successor agency, the United States department of the interior, bureau of land management;
(5) Idaho coordinate system: That system of coordinates established and designated by chapter 17, title 55, Idaho Code;
(6) Land survey: Measuring the field location of corners that:
(a) Determine the boundary or boundaries common to two (2) or more ownerships;
(b) Retrace or establish land boundaries;
(c) Retrace or establish boundary lines of public roads, streets, alleys or trails; or
(d) Plat lands and subdivisions thereof.
(7) Monument: A physical structure or object intended to mark, reference, or witness a line, corner, or position;
(8) Owner: The proprietor of the land (having legal title);
(9) Plat: The drawing, map or plan of a subdivision, cemetery, townsite or other tract of land, or a replatting of such, including certifications, descriptions and approvals;
(10) Private road: A road within a subdivision plat that is not dedicated to the public and not a part of a public highway system;
(11) Public highway agency: The state transportation department, any city, county, highway district or other public agency with jurisdiction over public highway systems and public rights-of-way;
(12) Public land survey corner: Any point actually established and monumented in an original survey or resurvey that determines the boundaries of remaining public lands, or public lands patented, represented on an official plat and in the field notes thereof, accepted and approved under authority delegated by congress to the U.S. general land office and the U.S. department of the interior, bureau of land management; however, this definition shall exclude GLO-surveyed townsite lot corners, except those marking exterior angle points or block corners within the townsite;
(13) Public right-of-way: Any land dedicated and open to the public and under the jurisdiction of a public highway agency, where the public highway agency has no obligation to construct or maintain said right-of-way for vehicular traffic;
(14) Public street: A road, thoroughfare, alley, highway or bridge under the jurisdiction of a public highway agency;
(15) Reference point: A special monumented point that does not occupy the same geographical position as the corner itself and where the spatial relationship to the corner is known and recorded and that serves to locate the corner;
(16) Sanitary restriction: The requirement that no building or shelter, which requires a water supply facility or a sewage disposal facility for people using the premises where such building or shelter is located, shall be erected until written approval is first obtained from the director of the department of environmental quality or his delegate approving plans and specifications either for public water and/or sewage facilities or individual parcel water and/or sewage facilities;
(17) Street: A road, thoroughfare, alley, highway or right-of-way that may be open for public use but is not part of a public highway system or under the jurisdiction of a public highway agency;
(18) Subdivision: A tract of land divided into five (5) or more lots, parcels, or sites for the purpose of sale or building development, whether immediate or future; provided that this definition shall not include a bona fide division or partition of agricultural land for agricultural purposes. A bona fide division or partition of agricultural land for agricultural purposes shall mean the division of land into lots, all of which are five (5) acres or larger and maintained as agricultural lands. Cities or counties may adopt their own definition of subdivision in lieu of this definition;
(19) Witness corner: A monumented point on a lot line or boundary line of a survey, near a corner and established in situations where it is impracticable to occupy or monument the corner.
Notes of Decisions
Cited in 15
cases (1 in the last 5 years), 1978–2024 · leading case: Allen v. Blaine Cnty., 953 P.2d 578 (Idaho 1998).
Allen v. Blaine Cnty., 953 P.2d 578 (Idaho 1998). “The Allens argue, however, that the holder of a lease interest has been recognized as an owner, citing to Black’s Law Dictionary, which defines “owner” as: The person in whom is vested the ownership, dominion, or title of property; proprietor.”
Robert Siegwarth v. Opportunity Mgmt. Co., Inc., 315 P.3d 245 (Idaho 2013). “…various post-trial motions. 2 . That definition has not changed, although it is now in subsection (7) of the statute. I.C. § 50-1301 (Supp.2013).”
KEPLER-FLEENOR v. Fremont Cnty., 268 P.3d 1159 (Idaho 2012). “§ 50-1304, which is contained in Chapter 13, Title 50 and which specifies the essentials of a municipal plat, utilizes definitions set out in I.C. § 50-1301. That code section contains definitions for "easement," "private road," "public right-of-way," "public street," and…”
City of Sandpoint v. Sandpoint Indep. High. Dist., 72 P.3d 905 (Idaho 2003). “It relies upon Idaho Code § 50-1301 , which defines a “functioning street department” as follows: “A city department responsible for the maintenance, construction, repair, snow removal, sanding and traffic control of a public highway or public street system and which receives…”
Monaco v. Bennion, 585 P.2d 608 (Idaho 1978). “§ 50-1301 which, though not applicable to this case, defines "plat" as "[t]he drawing, map or plan of a subdivision, cemetery, townsite or other tract of land, or a replatting of such, including certifications, descriptions and approvals." [3] These photographs are not at all…”
Cowan v. Bd. of Com'rs of Fremont Cnty., 148 P.3d 1247 (Idaho 2006). “However, although we hold that Cowan’s due process rights were not violated, limiting public comment to two minutes is not consistent with affording an individual a meaningful opportunity to be heard.”
Castaneda v. Brighton Corp., 950 P.2d 1262 (Idaho 1998). “Nevertheless, it appears that the City gave notice of the public meeting in advance of considering the preliminary approval of the subdivision plat by posting a notice at the city hall twenty-four hours prior to the meeting.”
Stafford v. Klosterman, 998 P.2d 1118 (Idaho 2000). “An easement is defined in Idaho Code § 50-1301 as “... [a] right of use, falling short of ownership, and usually for a certain stated purpose.”
Smith v. U.S.R v. Props., LC, 118 P.3d 127 (Idaho 2005). “” Under Idaho Code § 50-1301 (6), a "plat” is defined to include a replat.”
Cox v. Mountain Vistas, Inc., 639 P.2d 12 (Idaho 1981). “§ 50-1316, which provides: “Any person who shall dispose of or offer for sale any lots in any city or county until the plat thereof has been duly acknowledged and recorded, as provided in sections 50 — 1301 through 50-1325, shall forfeit and pay one hundred dollars ($100) for…”
Worley High. Dist. v. Kootenai Cnty., 663 P.2d 1135 (Idaho Ct. App. 1983). “Inferentially, this includes the right to approve or disapprove street names and designations.”
Tranmer v. Helmer, 878 P.2d 787 (Idaho 1994). “They argued that they were proceeding under Idaho Code § 50-1301 et seq., which required the Commissioners to ■ approve the plat so long as it met all technical requirements of the statutes.”
— Idaho Code § 50-1301(1) — 1 case
Robert Siegwarth v. Opportunity Mgmt. Co., Inc., 315 P.3d 245 (Idaho 2013). “…various post-trial motions. 2 . That definition has not changed, although it is now in subsection (7) of the statute. I.C. § 50-1301 (Supp.2013).”
— Idaho Code § 50-1301(11) — 1 case
Tranmer v. Helmer, 878 P.2d 787 (Idaho 1994). “They argued that they were proceeding under Idaho Code § 50-1301 et seq., which required the Commissioners to ■ approve the plat so long as it met all technical requirements of the statutes.”
— Idaho Code § 50-1301(18) — 1 case
TCR, LLC v. Teton Cnty. (Idaho 2024).
— Idaho Code § 50-1301(2) — 2 cases
KEPLER-FLEENOR v. Fremont Cnty., 268 P.3d 1159 (Idaho 2012). “§ 50-1304, which is contained in Chapter 13, Title 50 and which specifies the essentials of a municipal plat, utilizes definitions set out in I.C. § 50-1301. That code section contains definitions for "easement," "private road," "public right-of-way," "public street," and…”
Joni Kepler-Fleenor v. Fremont Cnty. (Idaho 2011).
— Idaho Code § 50-1301(3) — 2 cases
Allen v. Blaine Cnty., 953 P.2d 578 (Idaho 1998). “The Allens argue, however, that the holder of a lease interest has been recognized as an owner, citing to Black’s Law Dictionary, which defines “owner” as: The person in whom is vested the ownership, dominion, or title of property; proprietor.”
Tranmer v. Helmer, 878 P.2d 787 (Idaho 1994). “They argued that they were proceeding under Idaho Code § 50-1301 et seq., which required the Commissioners to ■ approve the plat so long as it met all technical requirements of the statutes.”
— Idaho Code § 50-1301(5) — 1 case
Allen v. Blaine Cnty., 953 P.2d 578 (Idaho 1998). “The Allens argue, however, that the holder of a lease interest has been recognized as an owner, citing to Black’s Law Dictionary, which defines “owner” as: The person in whom is vested the ownership, dominion, or title of property; proprietor.”
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