Idaho Code
Idaho Code § 50-328 (2026)
Utility transmission systems — Regulations.
✓ current as of May 2026
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Utility transmission systems — Regulations.
All cities shall have power to permit, authorize, provide for and regulate the erection, maintenance and removal of utility transmission systems, and the laying and use of underground conduits or subways for the same in, under, upon or over the streets, alleys, public parks and public places of said city; and in, under, over and upon any lands owned or under the control of such city, whether they may be within or without the city limits.
Notes of Decisions
Cited in 1
case, 1990–1990 · leading case: Alpert v. Boise Water Corp., 795 P.2d 298 (Idaho 1990).
Alpert v. Boise Water Corp., 795 P.2d 298 (Idaho 1990). “§ 40-1406 is primarily in reference to imposition of ad valorem taxes and cannot be extended to replace the constitutional and statutory provisions controlling utility franchises. The term "franchise" has been interpreted to mean a grant of a right to use property over which the…”
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