SF0076 - Highway right of way-permitted use.

 

2001

State of Wyoming

01LSO-0437

 

 

 

SENATE FILE NO.  SF0076

 

 

Highway right of way-permitted use.

 

Sponsored by: Senator(s)  Case

 

 

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 controlled access highway rights of way as
 4  specified; providing for disposition of fees; expanding
 5  reference to corporate entities; and providing for an
 6  effective date.

 7 

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

 9 

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

11 

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

14 

15         (a)  Corporations Business entities authorized to do
16  business in this state for the purpose of constructing,
17  maintaining and operating a public utility may set their

 

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

11 

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

 

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 1  the general fund. As used in this subsection "controlled
 2  access highway" means as defined by W.S. 35-1-102.

 3 

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

 5 

 6                         (END)

 

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