40-2318. TURNING HIGHWAYS ACROSS PRIVATE LANDS. If any person, through whose land any public highway is established, is desirous of turning the highway through any other part of his land, that person may, by petition, apply to the appropriate commissioners to permit him to turn the highway through another part of his land without materially increasing the distance of travel to the public. Upon receipt of a petition, accompanied by a sufficient bond to pay the cost and expense to be incurred, the appropriate commissioners may appoint three (3) disinterested viewers and a surveyor, if they deem it necessary, who shall view the ground over which the highway is proposed to be turned, and ascertain the distance the highway will be increased by the proposed alteration, and report in writing stating the several distances found, together with their opinion as to the usefulness of making the alterations. If the viewers report to the respective commissioners that the prayer of the petitioner is reasonable, the respective commissioners upon receiving satisfactory evidence that the proposed new highway has been opened a legal width, and in all respects made equal to the old highway for the convenience of travelers, may declare the new highway a public highway, make record of it, and at the same time vacate so much of the old highway as is embraced in the new. The person petitioning for the alteration shall pay all costs and expense of the view and survey, if ordered. When any person wishes to change the line or location of any public highway, he shall cause notice of his intention to apply to the appropriate commissioners having jurisdiction of the highway at its next session for permission to change the highway at his own expense, the notice to be in accordance with the provisions of section 40-206, Idaho Code, and shall also cause a copy of the notice to be posted at the post office, and at three (3) other public places in the county or district, at least twenty (20) days before the meeting of the respective commissioners. The notice must clearly show the proposed change or changes, and when, where, and by whom the petition will be presented, and at the time and place designated in the notice he must present his petition, which must conform to the notice. Any person objecting to the change may, within ten (10) days, file a protest in writing against it. Any person aggrieved by the action of the respective commissioners may appeal to the district court of the county in the same manner and with like effect as in other cases of appeal from the action of the respective commissioners.

History:

[40-2318, added 1985, ch. 253, sec. 2, p. 697.]