Idaho § 40-109

Full text of Idaho Idaho Statutes § 40-109, with citation guidance and answers to common questions.

§ 40-109.

Definitions - H.

(1) "Highway district system" means all public highways within each highway district, except those included within the state highway system, those under another state agency, those included within city highway systems of incorporated cities with a functioning street department, and those under federal control.

(2) "Highway system, county." (See "County highway system," section 40-104 , Idaho Code)

(3) "Highway system, state." (See "State highway system," section 40-120 , Idaho Code)

(4) "Highway users’ fund bonds" mean those bonds issued for and on behalf of dissolved city highway systems or highway districts, and the funds out of which those bonds are repayable shall be the moneys received or provided by section 40-707 , Idaho Code.

(5) "Highways" mean roads, streets, alleys and bridges laid out or established for the public or dedicated or abandoned to the public. Highways shall include necessary culverts, sluices, drains, ditches, waterways, embankments, retaining walls, bridges, tunnels, grade separation structures, roadside improvements, adjacent lands or interests lawfully acquired, pedestrian facilities, and any other structures, works or fixtures incidental to the preservation or improvement of the highways. Roads laid out and recorded as highways, by order of a board of commissioners, and all roads used as such for a period of five (5) years, provided they shall have been worked and kept up at the expense of the public, or located and recorded by order of a board of commissioners, are highways.

[40-109, added 1985, ch. 253, sec. 2, p. 589; am. 1986, ch. 328, sec. 2, p. 804; am. 1988, ch. 184, sec. 1, p. 322; am. 1994, ch. 324, sec. 2, p. 1040.]

Frequently Asked Questions About Idaho § 40-109

What does Idaho Statutes § 40-109 cover?

Section 40-109 is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Idaho § 40-109?

A common citation format is "Idaho Statutes § 40-109" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Idaho law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.

How does Idaho § 40-109 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.