Idaho Code
Idaho Code

Idaho Code § 50-1309 (2026)

Certification of plat — Dedication of streets and alleys — Dedication of private roads to public — Jurisdiction over private roads. 

✓ current as of May 2026
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Certification of plat — Dedication of streets and alleys — Dedication of private roads to public — Jurisdiction over private roads. 

1. The owner or owners of the land included in said plat shall make a certificate containing the correct legal description of the land, with the statement as to their intentions to include the same in the plat, and make a dedication of all public streets and rights-of-way shown on said plat, which certificate shall be acknowledged before an officer duly authorized to take acknowledgments and shall be indorsed on the plat. The professional land surveyor making the survey shall certify the correctness of said plat and he shall place his seal, signature and date on the plat.

2.  No dedication or transfer of a private road to the public can be made without the specific approval of the appropriate public highway agency accepting such private road.
3.  Highway districts shall not have jurisdiction over private roads designated as such on subdivision plats and shall assume no responsibility for the design, inspection, construction, maintenance and/or repair of private roads.
Notes of Decisions
Cited in 9 cases, 1969–2014 · leading case: Robert Siegwarth v. Opportunity Mgmt. Co., Inc., 315 P.3d 245 (Idaho 2013).
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Robert Siegwarth v. Opportunity Mgmt. Co., Inc., 315 P.3d 245 (Idaho 2013). · cites it 17× “In reversing the grant of summary judgment, we stated as follows: Armands argue the district judge erred in granting summary judgment against them because the judge erroneously interpreted I.C. § 50-1309. Opportunity asserts that the decision is correct because the BBT plat was…”
Lattin v. Adams Cnty., 236 P.3d 1257 (Idaho 2010). · cites it 10× “Similarly, a statutory dedication under I.C. § 50-1309 requires a plat that unequivocally dedicates a road to public use.”
Allen v. Blaine Cnty., 953 P.2d 578 (Idaho 1998). · cites it 8× “Board’s Mill was the owner of the property encompassed within the subdivision plat and executed the plat prior to approval by the County.”
Armand v. Opportunity Mgmt. Co., Inc., 117 P.3d 123 (Idaho 2005). · cites it 7× “Statutory Dedication Under Idaho Code Section 50-1309 Armands argue the district judge erred in granting summary judgment against them because the judge erroneously interpreted I.C. § 50-1309. Opportunity asserts that the decision is correct because the BBT plat was not signed…”
Stafford v. Klosterman, 998 P.2d 1118 (Idaho 2000). · cites it 6× “The court based its holding primarily upon the fact that neither Peck Road nor the sixty-foot easement had been approved by the Minidoka County Highway District as required by Idaho Code §§ 50-1309 , 50-1312 and 50-1313.”
Rowley v. Ada Cnty. High. Dist., 322 P.3d 1008 (Idaho 2014). · cites it 4× “§ 49-2202 (1932) (current version at I.C. § 50-1309). The second was section 49-2205: Effect of acknowledging and recording plat.”
Boise City Ex Rel. Amyx v. Fails, 499 P.2d 326 (Idaho 1972). · cites it 4× “Later at some undisclosed time, the name of Ash street was changed to "Illinois *328 Street," which is the street involved in this action. Subsequent to the filing of the plat, Gallaher sold lots to a number of individuals describing the property in the various conveyances by…”
Smylie v. Pearsall, 457 P.2d 427 (Idaho 1969). · cites it 2× “the present statutory pattern in Title 50, Chapter 13, Idaho Code, especially I.C. §§ 50-1309, 50-1312, 50-1313 (S.L.1967, eh.”
Tranmer v. Helmer, 878 P.2d 787 (Idaho 1994). · cites it 2× “I.C. §§ 50-1309, -1312, and -1313. Indeed, while I.”
— Idaho Code § 50-1309(1) — 1 case
Allen v. Blaine Cnty., 953 P.2d 578 (Idaho 1998). “Board’s Mill was the owner of the property encompassed within the subdivision plat and executed the plat prior to approval by the County.”
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