Terms Used In Idaho Code 62-304

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
Whenever a complaint is made to the public utilities commission by the Idaho transportation department, or by a railroad company or companies, or upon motion by the Idaho public utilities commission, or local authorities in their respective jurisdictions with respect to the elimination or alteration of a crossing of a highway with one or more railroads the said commission shall and is hereby authorized and empowered to hear and determine such complaint in accordance with the provisions of chapters 1 to 7, inclusive, title 61, Idaho Code, taking into consideration the necessity for such elimination or alteration and the cost thereof, the location of any crossing and the manner in which it shall be constructed or reconstructed and maintained, or whether a crossing is to be eliminated and the provisions therefor, and shall make such order in relation thereto as shall be equitable, and shall determine what portion of the cost shall be paid by any party to the controversy: provided, that no cost shall be charged to the Idaho public utilities commission, and that no portion of the cost of eliminating or altering a crossing not on a state highway shall be ordered to be paid out of the state highway fund.