Approvals.
(1) If a subdivision is not within the corporate limits of a city, the plat thereof shall be submitted, accepted and approved by the board of commissioners of the county in which the tract is located in the same manner and as herein provided. If the city or county has established a planning commission, then all plats must be submitted to said commission in accordance with provisions of chapter 65, title 67, Idaho Code. No plat of a subdivision requiring city approval shall be accepted for record by the county recorder unless said plat shall have first been submitted to the city and has been accepted and approved and shall have written thereon the acceptance and approval of the said city council and bear the signature of the city engineer and city clerk. No plat of a subdivision shall be accepted for record by the county recorder unless said plat has been certified, within thirty (30) days prior to recording, by the county treasurer of the county in which the tract is located. The county treasurer shall not withhold certification for any reason except for county property taxes due, but not paid, upon the property included in the proposed subdivision.
(2) Plats resulting from the exercise of any right granted under the provisions of sections 50-1314 and 63-210(2), Idaho Code, may be accepted for record and recorded by the county recorder without being certified by the county treasurer and the record of any such plat which has previously been recorded without being certified by the county treasurer shall not be invalid or defective because of not having been so certified by the county treasurer.
Notes of Decisions
Asbury Park, LLC v. Greenbriar Est. Homeowners' Ass'n, 271 P.3d 1194 (Idaho 2012).
· cites it 2× “Rather, such defect may only be cured by securing approval of the replatted subdivision by the appropriate entity in compliance with the requirements of I.C. § 50-1308. 2 . Having reached this conclusion, we note that the instant appeal solely addresses ownership of Lot 39.”
Harshbarger v. Cnty. of Jerome, 693 P.2d 451 (Idaho 1984).
· cites it 4× “§ 50-1308 provides that where a subdivision is not within a city, the board of county commissioners of the county in which the subdivision is located is the body with the authority to approve and accept subdivision plats. 2 The Canyonside Estates plat, containing an express…”
Blaha v. Bd. of Ada Cnty. Commissioners, 9 P.3d 1236 (Idaho 2000).
· cites it 2× “See I.C. § 50-1308. 8 For the City of Eagle to be allowed to exercise co-equal jurisdiction with Ada County in the impact area lying beyond the city limits would not only be in conflict with the statute but also inconsistent with constitutional limitations placed on a city’s…”
TCR, LLC v. Teton Cnty. (Idaho 2024).
· cites it 20× “” I.C. § 50-1308. The statute does not reference or otherwise address condominium plats.”
Tranmer v. Helmer, 878 P.2d 787 (Idaho 1994).
· cites it 10× “§ 50-1308 which provides: “the plat thereof shall be submitted, accepted and approved by the board of commissioners of a county in which the tract is located____” Tranmer and Gil-man assert this provision leaves no room for discretion in the approval process and thus they are…”
— Idaho Code § 50-1308(1) — 1 case
TCR, LLC v. Teton Cnty. (Idaho 2024).
“” I.C. § 50-1308. The statute does not reference or otherwise address condominium plats.”
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