40-1315. COST OF HIGHWAYS — EQUITABLE DIVISION AMONG BENEFITED DISTRICTS. (1) In the laying out, alteration, construction, maintenance, repair or improvement of any highway or portion of it, within a county and not included within a highway district in a county which would also be for the benefit of the highway district, or included within a highway district which would also be for the benefit of a portion of the county or other highway districts not included in the highway district, and the cost would, if borne wholly by the highway district or the excluded portion, be an unjust or unreasonable burden, the highway district commissioners and the county commissioners shall have power to contract with each other for a division and apportionment of the cost of the work.
(2) In case they fail to agree, an action may be maintained in the district court between a highway district and the county, and the district court shall render a judgment as shall be just and equitable in respect to the division and apportionment of cost. All proceedings in the action shall be the same as in ordinary civil actions, with the same right of appeal and other rights and remedies as in an ordinary civil action by or against a body politic or political subdivision.
(3) Where a highway traverses two (2) or more highway districts, and the cost or burden would be inequitably distributed if each district assumed the cost of laying out, alteration, construction, improvement, maintenance or repair of that portion of the highway lying wholly within the district, the highway commissioners of the district affected have power to contract with each other for the division and apportionment of the cost of the work. If the highway also traverses portions of the county not included within any highway district, or if in the opinion of the commissioners the highway is of benefit to the county at large, a portion of the cost shall be borne by the county, and the commissioners and the respective highway district commissioners have power to contract with each other for the work.
History:
[40-1315, added 1985, ch. 253, sec. 2, p. 653.]
Structure Idaho Code
Title 40 - HIGHWAYS AND BRIDGES
Chapter 13 - HIGHWAY DISTRICTS
Section 40-1301 - DISTRICTS AS NOW ORGANIZED VALIDATED.
Section 40-1302 - COUNTY DIVISION OR CHANGE IN BOUNDARIES — JOINT HIGHWAY DISTRICT FORMED.
Section 40-1303 - HIGHWAY COMMISSIONERS — APPOINTMENT — OATH.
Section 40-1305 - ELECTION OF HIGHWAY COMMISSIONERS — TERM OF OFFICE.
Section 40-1305A - ELECTION ADMINISTRATION.
Section 40-1305B - BOARD OF COMMISSIONERS — ONE NOMINATION — NO ELECTION.
Section 40-1305C - DECLARATION OF CANDIDACY — QUALIFICATIONS.
Section 40-1306 - ORGANIZATION OF HIGHWAY COMMISSIONERS — MEETINGS — OFFICERS — OFFICIAL BONDS.
Section 40-1306C - HIGHWAY DISTRICT RECORDS — OPEN TO THE PUBLIC.
Section 40-1307 - HIGHWAY DISTRICTS ARE BODIES CORPORATE.
Section 40-1309 - CORPORATE POWERS OF HIGHWAY DISTRICTS.
Section 40-1310 - POWERS AND DUTIES OF HIGHWAY DISTRICT COMMISSIONERS.
Section 40-1311 - JURISDICTION OF HIGHWAY DISTRICT COMMISSIONERS.
Section 40-1312 - GRANT OF POWERS TO BE LIBERALLY CONSTRUED.
Section 40-1313 - DISTRICT HAS LEGAL TITLE TO PROPERTY.
Section 40-1314 - COMPENSATION OF HIGHWAY DISTRICT COMMISSIONERS, OFFICERS, AGENTS AND EMPLOYEES.
Section 40-1315 - COST OF HIGHWAYS — EQUITABLE DIVISION AMONG BENEFITED DISTRICTS.
Section 40-1316 - ANNUAL REPORT OF HIGHWAY DISTRICT.
Section 40-1317 - ANNUAL FINANCIAL STATEMENT OF DISTRICT — AUDIT.
Section 40-1319 - DIRECTOR OF HIGHWAYS — APPOINTMENT — QUALIFICATIONS — OATH.
Section 40-1320 - DIRECTORS OF HIGHWAYS — DEPUTY DIRECTORS — APPOINTMENT — DUTIES.
Section 40-1322 - CREATION OF LOCAL IMPROVEMENT DISTRICTS.
Section 40-1323 - CITIES INCLUDED IN HIGHWAY DISTRICTS — POWERS AND DUTIES OF CITY COUNCIL.
Section 40-1324 - JURISDICTION OVER INCLUDED TERRITORY.
Section 40-1325 - ADOPTION OF BUDGET — PUBLIC HEARING.
Section 40-1326 - NOTICE OF BUDGET HEARING.
Section 40-1327 - PUBLIC INSPECTION OF BUDGET.
Section 40-1328 - QUORUM OF HIGHWAY COMMISSIONERS AT BUDGET HEARING — OBJECTIONS.
Section 40-1330 - FISCAL YEAR.
Section 40-1333 - CITIES — HIGHWAY RESPONSIBILITY.
Section 40-1336 - RECORD BOOKS TO BE KEPT.
Section 40-1337 - CLASSIFICATION AND RETENTION OF RECORDS.
Section 40-1337A - PHOTOGRAPHIC OR DIGITAL STORAGE AND USE OF HIGHWAY DISTRICT RECORDS.