ID S1258

Amends Idaho Code Section 40-203 to prohibit vacation of highways or public rights-of-way that provide access to state or federal public lands or waters unless a substantially similar replacement right-of-way is provided with the same scope of use.

Replacement right-of-way may be privately maintained but must contain perpetual public access to state or federal public lands or waters and cannot be secured through eminent domain or condemnation.

Exempts abandonment or vacation actions identified and first initiated prior to July 1, 2024 from the replacement requirement, regardless of pending judicial appeals.

Clarifies that commissioners must follow validation procedures under Section 40-203A before adjudicating that public access exists when evidence of such access has not been previously legally determined.

Effective date is July 1, 2024, declared as an emergency measure.