IMPROVEMENT OF STREETS, ALLEYS AND SIDEWALKS

SECTION 42(33). To open and establish streets, alleys, sidewalks or other highways and widen the same, and for that purpose to condemn property for the city use, under such regulations as are provided by the general laws of Idaho. To vacate streets, alleys, or other highways; to maintain, improve, light, repair or beautify the highways, streets, alleys, and sidewalks of the city, and to provide for the payment of the expense of any of the above either out of the general levy, or by a special tax levy, or by levying special assessments in the manner herein provided upon property which is specially benefited by any of the foregoing, or by a combination of any thereof. Provided, however, no special assessment shall be levied against property specially benefited for the resurfacing of any street or alley without the consent of the property owners of three-fourths of the front feet of the lots abutting on such proposed improvement. Provided, however, that where any street within the corporate boundaries has been designated as a part of a state highway the state of Idaho shall pay the cost of any widening, construction, improvement, repair or maintenance thereof required by its or by any of its departments having jurisdiction of state highways, and pay any other cost or expense in connection therewith authorized by law.

   ANNOTATIONS:

   Ch. 215 S.L. 1939.

   Adleman v. Pierce, 6 Ida. 294, 55 Pac. 658.

   Ch. 226 S.L. 1947.