2005 Idaho Code - 40-606 — CONDEMNATION OF RIGHTS-OF-WAY

                                  TITLE  40
                             HIGHWAYS AND BRIDGES
                                  CHAPTER 6
                  COUNTY COMMISSIONERS AND HIGHWAY OFFICERS
    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.