|
H.B. No. 0134 |
Private roads. |
Sponsored By: Representative(s) Brown and Senator(s) Nicholas, P.
AN ACT relating to highways; modifying procedures for establishing private roads; conforming provisions; repealing specified provisions; specifying legislative intent; and providing for an effective date.
1/10/2013 Bill Number Assigned
1/11/2013 H Received for Introduction
1/14/2013 H Introduced and Referred to H05
1/29/2013 H05 Recommended Do Pass
ROLL CALL
Ayes: Representative(s) Blake, Campbell, Eklund, Greear, McKim and Winters
Nays: Representative(s) Hunt, Semlek and Zwonitzer, Dn.
Ayes 6 Nays 3 Excused 0 Absent 0 Conflicts 0
1/29/2013 H Placed on General File
HB0134HW001/FAILED
Page 1-line 8 through Page 13-line 18 Delete entirely and insert:
"Section 1. W.S. 24‑9‑201 through 24‑9‑203 are created to read:
24‑9‑201. Answer and complaint; initial hearing; appointment of viewers and appraisers.
(a) If the county commissioners do not retain jurisdiction pursuant to W.S. 24‑9‑101(c), any person whose land has no outlet to, nor connection with a public road may commence an action in district court in any county in which any part of the land is located for a private road leading from his land to some convenient public road. The plaintiff shall join as defendants the owners of record, owners of recorded easements and rights of way and any lessee, mortgagee or occupant of the land over which any proposed road would cross and may include the state of Wyoming. The complaint shall contain a short and plain statement of:
(i) The legal description of the land owned by the plaintiff to which access is sought and a statement that all or some of the land is located within the county;
(ii) A specific statement as to why the land has no legally enforceable access, other than a waterway, and whether the land is surrounded on all sides by land owned by another person or persons or a natural or man-made barrier making access unreasonably costly;
(iii) A description of the plaintiff's efforts to purchase a legally enforceable access to a public road;
(iv) A description sufficient to identify the general location of any access routes proposed by the plaintiff;
(v) The legal description of all land over which any proposed access routes would cross; and
(vi) A statement as to whether any actions of the plaintiff or any person with the consent and knowledge of the plaintiff, caused the plaintiff's land to lose or to not have any legally enforceable access.
(b) The defendant's answer shall set forth the location and description, in the manner described in paragraphs (a)(iv) and (v) of this section, of any alternate routes proposed by the defendant and the owners of record, owners of recorded easements and rights of way and any lessee, mortgagee or occupant of the land over which any proposed alternate routes would cross.
(c) The court shall give an action for a private road precedence over other civil cases pending in court, other than election contests, and the action shall in every way be expedited.
(d) If the plaintiff has had access to his land and that access is being denied or restricted, the court may grant temporary access to the plaintiff over a route identified by the court pending the outcome of the proceedings.
(e) The plaintiff shall join as defendants persons identified under subsection (b) of this section or otherwise identified by a defendant as the owners of record, owners of recorded easements and rights of way and any lessee, mortgagee or occupant of the land over which any proposed alternative routes would cross.
(f) The court may require the plaintiff to file a bond to pay for costs allowed under W.S. 24‑9‑202.
(g) The court shall hold an initial hearing to determine whether the plaintiff has satisfied the requirements of this section and access is necessary because the plaintiff has no legally enforceable access. If the court finds the requirements of this section have been met and access is necessary, the court shall appoint three (3) disinterested persons as viewers and appraisers. Before entering upon their duties the viewers shall take and subscribe to an oath that they will faithfully and impartially perform their duties under their appointment as viewers and appraisers. The court shall direct them to meet on a day named in the order on the proposed road, and view and appraise any damages, at which time and place all persons interested may appear and be heard by the viewers. The viewers and appraisers shall then proceed to locate and mark out a private road and alternative routes as they deem appropriate, provided the location of the road shall not be marked out to cross the lands of any person not joined in the action. The viewers and appraisers shall recommend to the court the most reasonable and convenient route, provided that access shall be along section and boundary lines whenever practical. The viewers and appraisers may recommend specific conditions that the court place on the road, including provisions for maintenance and limitations on the amount and type of use. The proposed road shall not exceed thirty (30) feet in width from a certain point on the land of the plaintiff to some certain point on the public road, and shall be located so as to do the least possible damage to the lands through which the private road is located. The viewers and appraisers shall also appraise any damages sustained by the owner over which the road is to be established and make full and true returns, with a plat of the road to the court. The viewers and appraisers shall also determine whether or not any gates or cattleguards should be placed at proper points on the road, and appraise any damages in accordance with that determination.
(h) In determining any damages to be suffered by a defendant, the viewers and appraisers shall appraise the value of the property affected by the road before and after the road is in place. Damages also may include reasonable compensation for any improvements on the lands over which any private road is to be granted which were not paid for and will be used by the plaintiff.
24‑9‑202. Report of viewers and appraisers; trial to the court; costs.
(a) The viewers and appraisers so appointed, or a majority of them, shall make a report of their recommendations to the court, and also the amount of damages, if any, appraised by them, and the defendant entitled to such damages. Upon receiving the report of the viewers and appraisers, the matter shall be tried to the court without a jury. The court may accept, reject or modify the report and recommendations. The court shall select the most reasonable and convenient route for the access, provided that access shall be along section and boundary lines whenever practical. The court shall issue a final order specifying the route, any conditions imposed by the court and any damages and costs to be paid by the plaintiff.
(b) A party may appeal any final judgment of the district court under this section to the supreme court.
(c) After the court has received a survey of the route and proof of payment of any damages and costs ordered to be paid, the court shall enter an order incorporating a legal description of the road, a legal description of the land benefitted by the road, declaring the road to be a private road, and citing in the order any conditions imposed by the court. A certified copy of the court's order shall be filed in the office of the county clerk.
(d) In addition to paying any damages to be suffered by the defendants, the court shall order the plaintiff to pay appropriate costs, which shall include any survey, plat, engineering and construction costs incurred concerning the location and construction of the road.
(e) In addition to paying other damages and costs required by this section and by W.S. 24‑9‑201, the plaintiff shall be responsible for paying the reasonable costs of an appraisal obtained by a defendant if that appraisal was A in substantial part as a basis for damages and varied more than fifteen percent (15%) from the valuation determined by the viewers and appraisers appointed under W.S. 24‑9‑201(g).
24‑9‑203. Rules of procedure; legislative findings and intent.
(a) The supreme court may adopt rules governing proceedings commenced under W.S. 24‑9‑201, including limited application of the rules relating to procedure, discovery and evidence and such other rules as the court determines appropriate to provide for expedited and efficient proceedings, including appellate proceedings, which minimize the delay and cost in actions to establish a private road.
(b) It is the intent of the legislature to provide for alternative means to establish a private road under this chapter. The legislature further intends that the precedents established with respect to the creation of private roads prior to the July 1, 2013 amendments to this chapter should continue to be followed to the extent they are not inconsistent with the provisions of this chapter.
Section 2. W.S. 24‑9‑101(b), (c) and (h) is amended to read:
24‑9‑101. Petition; initial hearing; appointment of viewers and appraisers; bond; rules; certification to district court.
(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. Each affected party receiving notice under this
subsection shall, within forty-five (45) sixty-five (65) days of receiving notice, provide
written notice by certified mail with return receipt requested, 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 party.
(c) Within forty-five (45) days after the filing of an application with the board, the board shall, by resolution, determine whether to retain jurisdiction of the application. If the board does not retain jurisdiction, the board shall give notice of the decision to the applicant and all affected parties having an interest in the lands through which the proposed road or any alternative road may pass. Upon receipt of notice, the applicant may commence an action as provided in W.S. 24‑9‑201 through 24‑9‑203. If the board retains jurisdiction, the board shall review the application within eighty-five (85) 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 not sooner than one hundred forty-five (145) days after the filing of the application with the board.
(h) If at the completion of the hearing
the board finds that the applicant has satisfied the requirements of this
section and access is necessary because the applicant has no legally
enforceable access, the board shall within thirty (30) days of the completion
of the hearing enter its order so finding and certify
the application directly to the district court unless the board elects to
retain jurisdiction. If the application is certified the court shall proceed
as provided in subsection (m) of this section. If the board elects to retain
jurisdiction it shall proceed with the application as provided in
this subsection, subsections (j) through (k) of this section and W.S. 24‑9‑103.
The board shall appoint three (3) disinterested freeholders and electors of the
county, as viewers and appraisers. Before entering upon their duties the
viewers shall take and subscribe to an oath that they will faithfully and
impartially perform their duties under their appointment as viewers and appraisers.
The board shall cause an order to be issued directing them to meet on a day
named in the order on the proposed road, and view and appraise any damages and
make a recommendation to the board. Prior to meeting on-site to view the
proposed road, the viewers shall give notice in writing to the applicant and
affected parties of the lands through which the proposed road or any
alternative road may pass, of the time and place where the viewers will meet,
at least ten (10) days before viewing the road, at which time and place all
persons interested may appear and be heard by the viewers. The viewers and
appraisers shall then proceed to locate and mark out a private road and
alternative routes as they deem appropriate, provided the location of the road
shall not be marked out to cross the lands of any affected party who was not
given notice under subsection (e) of this section. The viewers and appraisers
shall recommend the most reasonable and convenient route, provided that access
shall be along section and boundary lines whenever practical. The viewers and
appraisers may recommend specific conditions that the board place on the road
as the board deems necessary, including provisions for maintenance and
limitations on the amount and type of use. The proposed road shall not exceed
thirty (30) feet in width from a certain point on the land of the applicant to
some certain point on the public road, and shall be located so as to do the
least possible damage to the lands through which the private road is located. The
viewers and appraisers shall also appraise any damages sustained by the owner
over which the road is to be established and make full and true returns, with a
plat of the road to the board of county commissioners. The viewers and
appraisers shall also determine whether or not any gates or cattleguards shall
be placed at proper points on the road, and appraise any damages in accordance
with that determination.
Section 3. W.S. 24‑9‑101(m) and 24‑9‑103(e) are repealed.".
Page 13-line 20 Delete "Section 3." insert "Section 4.". SEMLEK
HB0134HW002/ADOPTED
Page 13-line 17 Delete "Section 2." insert "Section 3.".
Page 13-line 20 Delete "Section 3." insert "Section 4.". BROWN
HB0134HW003/FAILED
Page 2-line 15 After "(b)" insert ", (d)".
Page 5-lines 10 through 22 Delete entirely.
Page 13-line 17 After "24‑9‑101" insert "(c),". STUBSON
HB0134HW004/WITHDRAWN
1/31/2013 H Passed CoW
2/1/2013 H Passed 2nd Reading
2/4/2013 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Baker, Barlow, Berger, Blake, Blevins, Blikre, Brown, Burkhart, Byrd, Campbell, Cannady, Coleman, Connolly, Eklund, Esquibel, K., Filer, Freeman, Gingery, Goggles, Greear, Greene, Harshman, Harvey, Jaggi, Kasperik, Kirkbride, Krone, Larsen, Lockhart, Loucks, Lubnau, Madden, Moniz, Nicholas, B., Northrup, Patton, Paxton, Petroff, Piiparinen, Reeder, Sommers, Stubson, Throne, Walters and Wilson
Nays: Representative(s) Davison, Gay, Halverson, Hunt, Hutchings, Kroeker, McKim, Miller, Semlek, Teeters, Watt, Winters, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Wallis
Ayes 45 Nays 14 Excused 1 Absent 0 Conflicts 0
2/5/2013 S Received for Introduction
2/6/2013 S Introduced and Referred to S05
2/13/2013 S05 Recommended Do Pass
ROLL CALL
Ayes: Senator(s) Driskill, Emerich, Geis, Hicks and Johnson
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
2/13/2013 S Placed on General File
HB0134SW001/ADOPTED (TO ENGROSSED COPY)
Page 3-line 7 After "cross" insert "." delete balance of the line.
Page 3-line 8 Delete "state of Wyoming.". NICHOLAS
2/19/2013 S Passed CoW
2/20/2013 S Passed 2nd Reading
2/21/2013 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns, Christensen, Coe, Cooper, Craft, Dockstader, Emerich, Esquibel, F., Geis, Hastert, Hicks, Johnson, Landen, Nicholas, P., Perkins, Peterson, Ross, Rothfuss, Scott and Von Flatern
Nays: Senator(s) Case, Driskill, Hines, Meier, Nutting and Schiffer
Ayes 24 Nays 6 Excused 0 Absent 0 Conflicts 0
2/21/2013 H Received for Concurrence
2/22/2013 H Did Concur
ROLL CALL
Ayes: Representative(s) Baker, Barlow, Berger, Blake, Blevins, Blikre, Brown, Burkhart, Byrd, Campbell, Cannady, Coleman, Connolly, Eklund, Esquibel, K., Filer, Freeman, Gingery, Goggles, Greear, Greene, Harshman, Harvey, Hunt, Hutchings, Jaggi, Kasperik, Kirkbride, Krone, Larsen, Lockhart, Loucks, Lubnau, Madden, McKim, Miller, Moniz, Nicholas, B., Northrup, Patton, Paxton, Petroff, Piiparinen, Reeder, Semlek, Sommers, Stubson, Teeters, Throne, Wallis, Walters, Watt, Wilson, Winters, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Gay, Halverson and Kroeker
Excused: Representative(s) Davison
Ayes 56 Nays 3 Excused 1 Absent 0 Conflicts 0
2/22/2013 Assigned Number HEA No. 0083
2/25/2013 H Speaker Signed HEA No. 0083
2/25/2013 S President Signed HEA No. 0083
2/28/2013 Governor Signed HEA No. 0083
2/28/2013 Assigned Chapter Number
Chapter No. 0099 Session Laws of Wyoming 2013