Idaho Code
Idaho Code § 50-1702 (2026)
Definitions.
✓ current as of May 2026
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Definitions.
The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively given herein.
(a) Municipality. Counties, water and/or sewer districts organized pursuant to the provisions of chapter 32, title 42, Idaho Code, highway districts, cities, including but not limited to those working under a special charter which have by such charter accepted the provisions of this code, and any city or like municipality hereafter created or authorized by the legislature unless one or more of the above shall be specifically excepted in any particular section of this code.
(b) Street or streets. The entire legal right of way and highways, roads, boulevards, avenues, streets, alleys, courts and all public places within a city, county, highway district, or water and/or sewer district.
(c) Council. The board of county commissioners, board of directors of water and/or sewer districts, the board of highway commissioners of any highway district, the mayor and council of all incorporated municipalities as well as any other municipal body or board which may now, or hereafter be authorized by law to do and perform any act in relation to the making of local improvements within any municipality as provided for in this code.
(d) Clerk, attorney or other municipal officer. The appropriate and comparable city and county officers with regard to city and county local improvement districts, highway district officers with regard to such highway district local improvement districts, and water and/or sewer district officers in regard to water and/or sewer local improvement districts.
(e) Engineer. The official engineer of the municipality or one specially retained for purposes of operating under this code.
(f) Off-street parking. All machinery, equipment, materials and appurtenances, including lands, easements, rights of way and buildings required, necessary or useful for the parking of vehicles on lands or places other than public streets.
(g) Resident owner or resident owners. The owner of property within, and who resides in a dwelling house situate in whole or in part within the limits of a local improvement district, or a proposed local improvement district; and a corporation, joint stock association, partnership, individual proprietor, or other form of business enterprise owning real property, and having its principal place of business, within any such district or proposed district.
(h) Cost and expenses. The contract price of all improvements, including the cost of making improvements within any intersection, together with any costs or expenses incurred for engineering, clerical, printing and legal services as well as for advertising, surveying, inspection of work, collection of assessments, interest upon bonds or warrants, and an amount for contingencies as shall be considered necessary by the council.
Notes of Decisions
Cited in 2
cases, 1953–1986 · leading case: Simmons v. City of Moscow, 720 P.2d 197 (Idaho 1986).
Simmons v. City of Moscow, 720 P.2d 197 (Idaho 1986). “I.C. § 50-1702(h). I.C. § 50-1710 specifies that the council "shall appoint an engineer and shall have prepared the necessary plans and specifications for the construction work ordered" prior to creation of an improvement district.”
Schmidt v. Vill. of Kimberly, 256 P.2d 515 (Idaho 1953). “and December 7, 1951, Said notice was posted 24 days before the election and the first publication thereof was 25 days before the election; that such posting and publication was done as required by Section 50-1702 of Idaho Code, which is part of the law relating to municipal…”
— Idaho Code § 50-1702(h) — 1 case
Simmons v. City of Moscow, 720 P.2d 197 (Idaho 1986). “I.C. § 50-1702(h). I.C. § 50-1710 specifies that the council "shall appoint an engineer and shall have prepared the necessary plans and specifications for the construction work ordered" prior to creation of an improvement district.”
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