40-2324. AUTHORIZATION AND COMPENSATION FOR MAINTENANCE OF PUBLIC HIGHWAYS. Whenever any nongovernmental entity desires to maintain all or part of a public highway or public right-of-way and desires to receive compensation for such maintenance may petition the appropriate public highway agency for approval. The highway agency shall consider said petition and after reviewing the pertinent facts regarding the request, may approve or disapprove the request. If the highway agency approves the request of the nongovernmental entity, the highway agency shall pass a resolution which should outline the details and conditions for said authorization. Provided however, the granting of the compensation to that nongovernmental entity shall not exceed the dollar amount of the highway and bridge ad valorem tax levy that was assessed against the property of that nongovernmental entity under the provisions of section 40-801, Idaho Code, for the previous fiscal year. Authorization and compensation granted under this section shall not accumulate from year to year, but must be applied for each calendar year.
History:
[40-2324, added 1994, ch. 319, sec. 1, p. 1021.]
Structure Idaho Code
Title 40 - HIGHWAYS AND BRIDGES
Chapter 23 - MISCELLANEOUS PROVISIONS
Section 40-2301 - RIGHT OF ENTRY TO MAKE SURVEYS.
Section 40-2302 - PUBLIC ACQUIRES FEE SIMPLE TITLE — RECORD AND DEDICATION OF HIGHWAYS.
Section 40-2303 - PUBLIC USE OF PRIVATE DAM OR BRIDGE.
Section 40-2304 - CONSTRUCTION OF SIDEWALKS.
Section 40-2305 - PERSONAL DELIVERY DEVICES.
Section 40-2306 - FELLING TREE INTO HIGHWAY — PENALTY.
Section 40-2307 - REMOVAL OF FALLEN TREES.
Section 40-2308 - CORPORATIONS MAY LAY TRACKS AND WATER MAINS.
Section 40-2309 - RAILROAD CROSSINGS.
Section 40-2310 - CATTLE GUARDS ACROSS ROADS — LANDOWNER’S RIGHT TO CONSTRUCT — GATES.
Section 40-2311 - PENALTY FOR DEFACING OR DESTROYING SIGNS, SIGNPOSTS OR FACILITIES.
Section 40-2312 - WIDTH OF HIGHWAYS.
Section 40-2313 - TRAILS FOR LIVESTOCK — LAYING OUT — RULES CONCERNING USE — PENALTY.
Section 40-2314 - PASSAGEWAYS FOR STOCK.
Section 40-2315 - DAMAGE TO HIGHWAYS OR DITCHES BY LIVESTOCK.
Section 40-2316 - PRIVATE HIGHWAYS — ESTABLISHMENT.
Section 40-2317 - REMOVAL OF FENCES.
Section 40-2318 - TURNING HIGHWAYS ACROSS PRIVATE LANDS.
Section 40-2321 - BRIDGES AND CULVERTS.
Section 40-2322 - CONSTRUCTION OR REPAIR OF BRIDGES AND CULVERTS BY DIRECTOR OF HIGHWAYS.
Section 40-2323 - ABATEMENT OF FLOODING OF HIGHWAYS — RIGHT OF ENTRY — COURT ACTION FOR ABATEMENT.
Section 40-2324 - AUTHORIZATION AND COMPENSATION FOR MAINTENANCE OF PUBLIC HIGHWAYS.