ID H0101

Highways or public rights-of-way providing access to state or federal public lands or waters cannot be vacated unless a substantially similar replacement right-of-way is provided with the same scope of use and perpetual public access

Replacement rights-of-way may be privately maintained but cannot be secured through eminent domain or condemnation

Commissioners must follow validation procedures under Section 40-203A, Idaho Code, before determining public access exists if such access has not been previously legally adjudicated

Federal agencies are explicitly added as parties that may petition for abandonment, testify at hearings, and appeal decisions alongside the state of Idaho and its subdivisions

Effective date is July 1, 2025, with provisions not applying to abandonment or vacation actions first initiated before that date