The Virtues of Validation, Article written by David E. Wynkoop
Validation proceedings have long been a valuable tool for Idaho local highway jurisdictions (LHJ)[1]. A validation may be initiated by a resident, property owner, or the LHJ where there may be doubt or a dispute regarding the existence, location, or dimensions of a public right-of-way (ROW). Validation is an administrative proceeding conducted by an LHJ, and may be preferable to a quiet title lawsuit conducted by a court. The importance of the tool was recently reinforced by the Idaho Supreme Court in the case of Richel Family Trust v. Worley Highway District, decided July 22, 2020.
[1] I use the term Local Highway Jurisdictions to include highway districts, county road departments, and perhaps even city street departments. See Idaho Code Section 40-1323.
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