SF0076 - Highway right of way-permitted use.

 

2001

State of Wyoming

01LSO-0437.E1

ENGROSSED

 

 

 

SENATE FILE NO.  SF0076

 

 

Highway right of way-permitted use.

 

Sponsored by: Senator(s)

 

 

A BILL

 

for

 

 1  AN ACT relating to state highway right of way use;
 2  authorizing the transportation commission to grant licenses
 3  to use highway rights of way as specified; providing for
 4  disposition of fees; expanding reference to corporate
 5  entities; and providing for an effective date.

 6 

 7  Be It Enacted by the Legislature of the State of Wyoming:

 8 

 9         Section 1.  W.S. 1-26-813 is amended to read:

10 

11         1-26-813.  Right-of-way along public ways granted;
12  permission necessary for new lines.

13 

14         (a)  Corporations Business entities authorized to do
15  business in this state for the purpose of constructing,
16  maintaining and operating a public utility may set their
17  fixtures and facilities along, across or under any of the

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 1  public roads, streets and waters of this state in such
 2  manner as not to inconvenience the public in their use. Any
 3  public utility desiring to install its facilities in any
 4  city shall first attempt to obtain consent from the city
 5  council. A person shall first obtain permission from the
 6  state transportation commission or the board of county
 7  commissioners in the county where the construction is
 8  contemplated before entering upon any state highway or
 9  county road for the purpose of commencing the construction.

10 

11         (b)  The state transportation commission may, to the
12  extent permitted by federal law, grant to a business entity
13  authorized to do business in this state a license allowing
14  the entity to set its fixtures and facilities along, across
15  or under any highway within the interstate system and under
16  the jurisdiction of the commission. In establishing a one-
17  time or annual fee or requiring in-kind facilities or
18  services, or any combination thereof for a license under
19  this subsection, the commission shall consider the market
20  value of the license. Revenues from fees collected under
21  this subsection shall be transferred to the state treasurer
22  who shall deposit fifty percent (50%) of the fees into the
23  state highway fund and fifty percent (50%) into the general

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 1  fund. As used in this subsection "interstate system" means
 2  as defined by W.S. 24-13-102.

 3 

 4         Section 2.  This act is effective July 1, 2001.

 5 

 6                         (END)

 

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