Idaho § 40-2302 - Public acquires fee simple title - Record and dedication of highways
Full text of Idaho Idaho Statutes § 40-2302 — Public acquires fee simple title - Record and dedication of highways, with citation guidance and answers to common questions.
§ 40-2302. Public acquires fee simple title - Record and dedication of highways
(1) By taking or accepting land for a highway, the public acquires the fee simple title to the property. The person or persons having jurisdiction of the highway may take or accept lesser estate as they may deem requisite for their purposes.
(2) In all cases where consent to use the right-of-way for a highway is voluntarily given, purchased, or condemned and paid for, either an instrument in writing conveying the right-of-way and incidents to it, signed and acknowledged by the party making it, or a certified copy of the decree of the court condemning it, must be made, filed and recorded in the office of the recorder of the county in which the land conveyed or condemned shall be particularly described.
(3) No highway dedicated by the owner to the public shall be deemed a public highway, or be under the use or control of a county or highway district unless the dedication shall be accepted and confirmed by the commissioners of the county or highway district.
[40-2302, added 1985, ch. 253, sec. 2, p. 694.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 40-2302
What does Idaho Statutes § 40-2302 cover?
Section 40-2302 ("Public acquires fee simple title - Record and dedication of highways") 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 § 40-2302?
A common citation format is "Idaho Statutes § 40-2302" (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 § 40-2302 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.