40-606. CONDEMNATION OF RIGHTS-OF-WAY. (1) Whenever the commissioners or their director of highways shall be unable to agree with any person for a parcel of land, or the person shall be unknown or a nonresident of the county, or a minor, or an insane or incompetent person, the commissioners or director of highways shall have the right, subject in case of the director of highways on the order of the commissioners, to begin action in the name of the county in the district court to condemn the land necessary for the right-of-way for the highway under the provisions of chapter 7, title 7, Idaho Code. An order of the commissioners, entered upon their minutes, that the land sought to be condemned is necessary for a public highway and public use shall be prima facie evidence of the fact.
(2) Any lands classified as omitted lands under federal legislation shall be governed by the provisions of section 7-704A, Idaho Code.
History:
[40-606, added 1985, ch. 253, sec. 2, p. 617.]
Structure Idaho Code
Title 40 - HIGHWAYS AND BRIDGES
Chapter 6 - COUNTY COMMISSIONERS AND HIGHWAY OFFICERS
Section 40-601 - DISTRICTS ESTABLISHED BY COMMISSIONERS.
Section 40-603 - COUNTY HIGHWAYS RECOMMENDED BY COMMISSIONERS — APPROVED BY BOARD.
Section 40-604 - DUTIES AND POWERS OF COMMISSIONERS.
Section 40-606 - CONDEMNATION OF RIGHTS-OF-WAY.
Section 40-608 - RECORD OF HIGHWAY PROCEEDINGS.
Section 40-609 - CONTRACTS TO USE DAMS AS HIGHWAYS.
Section 40-610 - REPORT OF CONDITION OF HIGHWAYS — FILING.
Section 40-611 - REPORT OF FINANCIAL CONDITION — PUBLICATION.
Section 40-612 - COMMISSIONERS — HIGHWAY CONTRACTS.
Section 40-613 - JURISDICTION IN ADJOINING COUNTIES.
Section 40-614 - SERVICE OF NOTICE ON CHAIRMAN OR CLERK OF COMMISSIONERS OF ADJOINING COUNTY.
Section 40-615 - COUNTY AND DISTRICT BOARDS — COOPERATION WITH STATE.
Section 40-616 - SIDEWALKS OR SIDE PATHS.
Section 40-617 - CONTRACTS FOR REPAIR OF HIGHWAYS.
Section 40-618 - APPOINTMENT OF COUNTY DIRECTOR OF HIGHWAYS.
Section 40-619 - DUTIES AND POWERS OF COUNTY DIRECTOR OF HIGHWAYS.