TITLE 40

HIGHWAYS AND BRIDGES

CHAPTER 2

GENERAL PROVISIONS

40-209.  Highway right-of-way plats. (1) A public highway agency may file in the office of the county recorder a highway right-of-way plat. The highway right-of-way plat shall show by outline and identify by parcel number, parcels of land to be acquired and shall be prepared in conformance with sections 55-1905 through 55-1907, Idaho Code. The recording of a highway right-of-way plat as provided in this section shall not excuse a county or highway district from the requirements of abandonment or validation of a public highway or public right-of-way as provided in sections 40-203 and 40-203A, Idaho Code. The highway right-of-way plat shall contain the following:

(a)  Project name and number;

(b)  The location and monumentation of the points where the right-of-way changes direction by angle point or curvature and its intersection with any public highway, street or trail right-of-way and all witness corners and reference points. All points shall be marked with magnetically detectable monuments conforming to the provisions of section 54-1227, Idaho Code, unless special circumstances preclude use of such monument. Monuments shall be marked such that measurements between them may be made to the nearest one-tenth (0.1) foot;

(c)   An outline showing the boundary of each parcel of land to be acquired based on ownership records and the right-of-way location survey;

(d)   An identifying parcel number and the area for each parcel of land to be acquired;

(e)  Acknowledgement of authorized agent of the public highway agency filing said plat;

(f)  Certificate of land surveyor under whose responsible charge the plat is prepared.

(2)  The highway right-of-way plat filed with the county recorder of any county shall be assigned an instrument number and shall be bound or filed with other plats of like character in a book on file designated "Highway Right-of-Way Plats."

(3)  Any amendments, alterations, rescissions or changes in a highway right-of-way plat shall comply with subsection (1) of this section and shall be filed in a like manner. The recorder may make suitable notations on the appropriate highway right-of-way plat affected by the amendment, alteration, rescission or change to direct the attention of anyone examining the record to the proper plat.

(4)  Highway right-of-way plats filed under this section shall not operate to transfer title to the real property described therein but such plat shall be used for delineation purposes. Acquisition of real property for highway right-of-way by conveyance or judicial decree may refer to said highway right-of-way plat, project number and parcel identification number, together with delineation of the parcel as a valid description of the real property for all purposes.

(5)  The agency making the initial filing in a county shall reimburse the county recorder the actual cost of the plat book required in subsection (2) of this section.

History:

[40-209, added 1994, ch. 364, sec. 2, p. 1140; am. 2011, ch. 136, sec. 5, p. 385.]