Idaho Code
Idaho Code § 50-1312 (2026)
Effect of acknowledging and recording plat.
✓ current as of May 2026
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Effect of acknowledging and recording plat.
The acknowledgment and recording of such plat is equivalent to a deed in fee simple of such portion of the premises platted as is on such plat set apart for public streets or other public use, or as is thereon dedicated to charitable, religious or educational purposes; provided, however, that in a county where a highway district exists and is in operation no such plat shall be accepted for recording by the county recorder unless the acceptance of said plat by the commissioners of the highway district is endorsed thereon in writing.
Notes of Decisions
Cited in 7
cases, 1972–2014 · leading case: Worley High. Dist. v. Yacht Club of Coeur D'Alene, Ltd., 775 P.2d 111 (Idaho 1989).
Worley High. Dist. v. Yacht Club of Coeur D'Alene, Ltd., 775 P.2d 111 (Idaho 1989). “The offer to dedicate is evidenced by the acknowledgement and recording of a plat under I.C. § 50-1312, and the acceptance by action of a public body "accepting" and "confirming" the "dedication," as required by I.”
Neider v. Shaw, 65 P.3d 525 (Idaho 2003). “Code § 2304 (1908) (emphasis added) (current version with amendments at Idaho Code § 50-1312 (2002)). The recording of a plat is equivalent to a deed in fee simple, but it is not a deed in fee simple: “While the acknowledgment and recording is equivalent to a deed in fee simple,…”
Rowley v. Ada Cnty. High. Dist., 322 P.3d 1008 (Idaho 2014). “— The acknowledgment and recording of such plat is equivalent to a deed in fee simple of such portion of the premises platted as is on such plat set apart for streets or other public use; or as is thereon dedicated to charitable, religious or educational purposes.”
Harshbarger v. Cnty. of Jerome, 693 P.2d 451 (Idaho 1984). “§ 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.”
Boise City Ex Rel. Amyx v. Fails, 499 P.2d 326 (Idaho 1972). “Subsequent to the filing of the plat, Gallaher sold lots to a number of individuals describing the property in the various conveyances by lot and block number as referred to in the plat.”
State v. Bilbao, 943 P.2d 926 (Idaho 1997). “§ 50-1312. Not only does the recording of a plat deed to the public rights of way and common areas, but it also serves to create legally-recognized lots within the subdivision.”
Volco, Inc. v. Lickley, 889 P.2d 1099 (Idaho 1995). “On the basis of I.C. § 50-1312, Volco suggests that only a conveyance of fee simple title can create a public roadway and that because the easements in this case were not fee simple interests, they were insufficient.”
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