H.B. No. 0222

Establishment of private roads.

Sponsored By:        Representative(s) Brown

AN ACT relating to establishment of private roads; requiring notice of proposed alternative routes; amending time periods; specifying procedures for hearings; providing for access to the district court; and providing for an effective date.

1/19/2009   Bill Number Assigned

1/20/2009   H Received for Introduction

1/21/2009   H Introduced and Referred to H01

1/29/2009   H01 Recommended Do Pass

ROLL CALL

Ayes:  Representative(s) Bagby, Barbuto, Cannady, Gingery, Mercer, Patton, Peasley, Quarberg and Throne

Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0

1/29/2009   H Placed on General File

HB0222HW001/ADOPTED

Page 1-line 1           After "roads;" insert "requiring notice of proposed alternative routes; amending time periods;".

Page 1-line 7           After "24-9-101" insert "(b), (c), (e),".

Page 1-After line 12    Insert:

"(b)  Within ten (10) days after filing an application with the board, the applicant shall give notice in writing by certified mail, with return receipt, to the affected parties of all lands over which any private road is applied for, of his pending application for a private road.  The notice shall include a complete copy of the original application and any amendments thereto.  The affected parties receiving notice under this subsection shall, within twenty (20) days of receiving notice, provide written notice to the board and the applicant of the location and description, in the manner described in paragraphs (a)(iv) and (v) of this section, of any alternate routes proposed by the affected parties.

(c)  The board shall review the application within thirty (30) forty-five (45) days of its receipt and if the board finds the application contains the information required by subsection (a) of this section and notice has been provided in accordance with subsection (b) of this section, it shall schedule a hearing to determine whether the applicant has no legally enforceable access to his land.  The hearing shall be scheduled at a date that allows the applicant time to give all notice required under this section.

(e)  After the board has scheduled a hearing date under subsection (c) of this section, the applicant shall give written notice of the date, time and place of the hearing on the application, by certified mail with return receipt, to all affected parties named in the original application, all landowners affected by any alternative routes proposed as provided in subsection (b) of this section and any other landowners the board believes may be affected by the application or by any alternative route which may be considered by the board. or the viewers and appraisers.   The written notice shall include a copy of the original application and any amendments thereto and shall be provided at least sixty (60) days prior to the pending hearing.  If any affected party, including any landowner affected by any alternative route proposed as provided in subsection (b) of this section, is a nonresident, and there is no resident agent upon which personal service can be had, then the notice may be published once a week for three (3) weeks in a newspaper published in the county. The first publication shall be at least sixty (60) days prior to the hearing.".  BUCHANAN, BROWN

2/4/2009    H Passed CoW

HB0222H2001/ADOPTED

Page 1-After line 12    In the Buchanan, et al., committee of the whole amendment (HB0222HW001/A) to this line in subsection (b): Delete "The affected parties" insert "Each affected party"; delete "parties" insert "party".  BROWN

2/5/2009    H Passed 2nd Reading

2/6/2009    H Passed 3rd Reading

ROLL CALL

Ayes:  Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Mercer, Meyer, Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.

Ayes 60 Nays 0 Excused 0 Absent 0 Conflicts 0

2/10/2009   S Received for Introduction

2/10/2009   S Introduced and Referred to S01

2/20/2009   S01 Recommended Do Pass

ROLL CALL

Ayes:  Senator(s) Burns, Decaria and Ross

Nays:  Senator(s) Perkins

Excused:  Senator(s) Sessions

Ayes 3 Nays 1 Excused 1 Absent 0 Conflicts 0

2/20/2009   S Placed on General File

2/26/2009   S Laid Back Without Prejudice

HB0222SW001/ADOPTED  (TO ENGROSSED COPY)

Page 7-line 2           Delete "The".

Page 7-lines 3 through 9            Delete.

Page 7-line 10          Delete the line through "the" insert "The certification shall be an interlocutory decision by the board.  The certification and order finding necessity shall not be subject to appellate nor de novo review by the district court.  The".

Page 7-line 17          After "apply." insert "Entry of a final order by the court shall constitute a final decision of the board under the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure and a final order of the court under the Wyoming Rules of Civil Procedure and the Wyoming Administrative Procedure Act.".  NICHOLAS

2/27/2009   S Passed CoW

HB0222S2001/ADOPTED  (TO ENGROSSED COPY)

Page 1-line 2           Delete.

Page 1-line 3           Delete "time periods;".

Page 1-line 9           Delete and insert "Section 1.  W.S. 24‑9‑101(h), (k) and".

Page 1-lines 16 and 17  Delete.

Page 2-lines 1 through 23     Delete.

Page 3-lines 1 through 21     Delete.  NICHOLAS, PERKINS

3/2/2009    S Passed 2nd Reading

3/3/2009    S Passed 3rd Reading

ROLL CALL

Ayes:  Senator(s) Anderson, J., Bebout, Coe, Cooper, Decaria, Dockstader, Esquibel, F., Geis, Hastert, Hines, Hunnicutt, Jennings, Johnson, Landen, Martin, Massie, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern

Nays:  Senator(s) Burns, Case, Larson and Meier

Ayes 26 Nays 4 Excused 0 Absent 0 Conflicts 0

3/3/2009    H Received for Concurrence

3/4/2009    H Did Concur

ROLL CALL

Ayes:  Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Goggles, Hales, Hallinan, Hammons, Harshman, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, McKim, McOmie, Mercer, Meyer, Miller, Millin, Moniz, Peasley, Pedersen, Petersen, Philp, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward, Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.

Nays:  Representative(s) Patton

Ayes 59 Nays 1 Excused 0 Absent 0 Conflicts 0

3/4/2009    Assigned Number HEA No. 0114

3/5/2009    H Speaker Signed HEA No. 0114

3/5/2009    S President Signed HEA No. 0114

3/12/2009   Governor Signed HEA No. 0114

3/12/2009   Assigned Chapter Number

Chapter No. 0188  Session Laws of Wyoming 2009.