2000 State of Wyoming 00LSO-0078
HOUSE BILL NO. HB0120
Establishment of private roads.
Sponsored by: Joint Agriculture, Public Lands and Water
Resources Interim Committee
A BILL
for
1 AN ACT relating to roadways; providing procedures for access
2 to isolated land as specified; and providing for an
3 effective date.
4
5 Be It Enacted by the Legislature of the State of Wyoming:
6
7 Section 1. W.S. 24-9-101 and 24-9-103 are amended to
8 read:
9
10 24-9-101. Petition; hearing; appointment of viewers
11 and appraisers; bond; rules.
12
13 (a) Any person whose land has no outlet to, nor
14 connection with a public road, may apply file an application
15 in writing to the board of county commissioners of his in
16 the county where the property is located for a private road
17 leading from his premises to some convenient public road. If
18 the applicant has had an outlet and is now being denied
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1 access to his property, the board of county commissioners
2 may grant temporary access to the applicant until the
3 application has been processed and finalized. The board of
4 county commissioners shall review the application to
5 determine whether the application alleges:
6
7 (i) The applicant is the owner of the real estate
8 described therein and the real estate is located within the
9 county;
10
11 (ii) The real estate is shut out from all public
12 access, other than a waterway, by being surrounded on all
13 sides by real estate belonging to another person or persons
14 or water;
15
16 (iii) The applicant after having made a good
17 faith effortis unable to purchase a right-of-way to a
18 public road;
19
20 (iv) The isolated land was not isolated at the
21 time it was purchased by the applicant after July 1, 2000;
22 and
23
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1 (v) The landlocked status of the land was not
2 caused by the applicant or by any other person with the
3 knowledge and consent of the applicant.
4
5 (b) The board may also include other adjacent
6 landowners if the board determines that the best and most
7 appropriate roadway lies through the land of a landowner not
8 mentioned in the application. At the hearing, all parties
9 interested may appear and be heard by the board as to the
10 necessity of the road and all matters pertaining thereto.
11
12 (c) At least sixty (60) days prior to applying to the
13 boardany hearing, the applicant shall give notice in
14 writing by certified mailwith return receipt to the owner,
15 resident agent or occupant of all lands over which the
16 private road is applied for and adjacent landowners
17 determined by the board as set forth above, of his intent to
18 apply for a private road. If the owner of the land is a
19 nonresident, and there is no resident agent upon which
20 personal service can be had, then the notice may be
21 published once a week for three (3) weeks in a newspaper
22 published in the county. The last publication shall be at
23 least thirty (30) days before the hearing of the
24 application. At the hearing, all parties interested may
25 appear and be heard by the board as to the necessity of the
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1 road and all matters pertaining thereto. Upon the hearing of
2 the application, whether the owner or others interested
3 appear or not if the board finds that After reviewing the
4 application, if the board finds that the application is
5 complete, the board shall hold a hearing to determine
6 whetherthe applicant has complied with the law and that the
7 private road is necessary. All hearings under this statute
8 shall be held in accordance with the Wyoming Administrative
9 Procedure Act, W.S. 16-3-101 et seq. as it applies to a
10 contested case. After the completion of the hearing, the
11 board shall appoint three (3) disinterested freeholders and
12 electors of the county, as viewers and appraisers, and shall
13 cause an order to be issued directing them to meet on a day
14 named in the order on the proposed road, and view and locate
15 a private road according to the application therefor, and to
16 assess damages to be sustained thereby. If for any reason
17 the viewers and appraisers are unable to meet at the time
18 set by the board to view the proposed road, they may fix
19 some other date, but shall give notice in writing to the
20 owner, resident agent or occupant of the lands over which
21 the road is proposed to be laid appraise any damages and
22 make a recommendation to the board. Before entering upon
23 their duties the viewers shall take and subscribe to an oath
24 that they will faithfully and impartially perform their
25 duties under their appointment as viewers and appraisers.
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1 Prior to meeting on-site to view the proposed road, the
2 viewers shall give notice in writing to the applicant and
3 the owner, resident agent or occupant of the lands over
4 which the road is proposedof the time and place where the
5 viewers will meet, at least ten (10) days before viewing the
6 road, at which time and place all persons interested may
7 appear and be heard by the viewers. Before entering upon
8 their duties the viewers shall take and subscribe to an oath
9 that they will faithfully and impartially perform their
10 duties under their appointment as viewers and appraisers.
11 The viewers shall then proceed to locate and mark out a
12 private road in accordance with the application or in such
13 other manner and location and, if applicable, alternative
14 routes asthey deem appropriate, provided the location of
15 the road shall not be marked out to cross the lands of any
16 person whose lands were not described in the application and
17 who was not given notice of the application. The viewers
18 shall determine the most practicable route. The proposed
19 road shall not exceed thirty (30) feet in width from a
20 certain point on the premises of the applicant to some
21 certain point on the public road, and shall be located so as
22 to do the least possible damage to the lands through which
23 the private road is located. The viewers shall also at the
24 same time assesssimultaneously appraise the damages
25 sustained by the owner over which the road is to be
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1 established and make full and true returns, with a plat of
2 the road to the board of county commissioners. The viewers
3 and appraisers shall also determine whether or not any gates
4 or cattleguards shall be placed at the proper points on the
5 road, and appraise damages in accordance with that
6 determination.
7
8 (d) When the viewers appraise the damages to be
9 suffered by the owner or owners of the real estate over and
10 through which the access shall be provided, they shall
11 determine the value of the property before and after the
12 road is in place.
13
14 (e) The board of county commissioners may require the
15 applicant to file with the board a bond of up to one
16 thousand dollars ($1,000.00) to pay for the cost of hearing,
17 viewersand other related costs.
18
19 (f) The board of county commissioners shall enforce
20 the provisions of this article in accordance with the
21 Wyoming Administrative Procedure Act, W.S. 16-3-101 et seq.,
22 and shall adopt such rules and regulations as necessary to
23 implement the provisions of and to insure compliance with
24 the intent and purposes of this article.
25
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1 24-9-103. Report of viewers and appraisers;
2 confirmation by commissioners; appeal.
3
4 (a) The viewers and appraisers so appointed, or a
5 majority of them, shall make a report of their
6 recommendationsto the county commissioners at the next
7 regular session, of the private road so located by them, and
8 also the amount of damages, if any, assessed appraised by
9 them, and the person or persons entitled to such damages.,
10 and if the commissioners are satisfied that such report is
11 just, and Upon receiving the report of the viewers and
12 appraisers, the board of county commissioners shall hold a
13 hearing at which time the interested parties may present
14 their case. The board may either accept or amend the report.
15 The board in its sole discretion shall select the most
16 practicable route for the access, provided that access shall
17 be along section and boundary lines whenever practical. The
18 board may place conditions on the road as the board deems
19 necessary, including provisions for maintenance and
20 limitations on the amount and type of use.After payment by
21 the applicant of all cost of locating such the road, and the
22 damages assessed, by the viewers, the commissioners shall
23 issue anorder such report to be confirmed and declare such
24 declaring the road to be a private road, and the same road
25 shall be recorded in the county clerk's office as sucha
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1 private road. Any person aggrieved by the action of the
2 board or as to the amount of damages awarded, may appeal to
3 the district court at any time within thirty (30) days after
4 said the road is finally established by saidthe board of
5 county commissioners.
6
7 (b) In addition to paying the damages to be suffered
8 by the owner or owners of the real estate over and through
9 which the access shall be provided, the applicant shall be
10 responsible for obtaining any necessary engineers and
11 contractors to construct the road, and for paying any
12 engineering and construction costs incurred with the
13 construction of the road.
14
15 (c) If the proposed private road is located in two (2)
16 or more counties, or if all parties and the board of county
17 commissioners so stipulate, the applicant may bring an
18 action in district court in the county where any of the
19 affected real estate is located. The court shall make the
20 same determinations as the board of county commissioners as
21 provided by this article.
22
23 Section 2. W.S. 24-9-102 is repealed.
24
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1 Section 3. This act is effective July 1, 2000.
2
3 (END)
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