2000 State of Wyoming 00LSO-0078
SUBSTITUTE NO. 2 [TO ENGROSSED COPY]
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
2 access 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; initial hearing; appointment of
11 viewers and appraisers; bond; rules.
12
13 (a) Any person whose land has no outlet to, nor
14 connection with a public road, may applyfile an
15 application in writing to with the board of county
16 commissioners of his in the county where his land is
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1 located for a private road leading from his premises land
2 to some convenient public road. At least sixty (60) days
3 prior to applying to the board, The application shall
4 contain the following information:
5
6 (i) The legal description of the land owned by
7 the applicant to which access is sought and a statement
8 that the land is located within the county;
9
10 (ii) A specific statement as to why the land has
11 no legally enforceable access, other than a waterway, and
12 whether the land is surrounded on all sides by land owned
13 by another person or persons or a natural or man-made
14 barrier making access unreasonably costly;
15
16 (iii) A description of the applicant's efforts
17 to purchase a legally enforceable access to a public road;
18
19 (iv) A description sufficient to identify the
20 general location of any access routes proposed by the
21 applicant;
22
23 (v) The legal description and the names and
24 addresses of the affected parties of all land over which
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1 any proposed access routes would cross. Affected parties
2 includes the owners of record and any lessee, mortgagee or
3 occupant of the land over which any proposed road would
4 cross and may include the state of Wyoming;
5
6 (vi) If the applicant purchased the land on or
7 after July 1, 2000, a statement as to whether the
8 applicant's land had any legally enforceable access at the
9 time it was purchased; and
10
11 (vii) A statement as to whether any actions of
12 the applicant or any person with the consent and knowledge
13 of the applicant, caused the applicant's land to lose or to
14 not have any legally enforceable access.
15
16 (b) Within ten (10) days after filing an application
17 with the board, the applicant shall give notice in writing
18 by certified mail, with return receipt, to the owner,
19 resident agent or occupant affected parties of all lands
20 over which the any private road is applied for, of his
21 intent to apply pending application for a private road. If
22 the owner of the land is a nonresident, and there is no
23 resident agent upon which personal service can be had, then
24 the notice may be published once a week for three (3) weeks
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1 in a newspaper published in the county. The last
2 publication shall be at least thirty (30) days before the
3 hearing of the application. At the hearing, all parties
4 interested may appear and be heard by the board as to the
5 necessity of the road and all matters pertaining thereto.
6 Upon the hearing of the application, whether the owner or
7 others interested appear or not, if the board finds that
8 the applicant has complied with the law and that the
9 private road is necessary, The notice shall include a
10 complete copy of the original application and any
11 amendments thereto.
12
13 (c) The board shall review the application within
14 thirty (30) days of its receipt and if the board finds the
15 application contains the information required by subsection
16 (a) of this section and notice has been provided in
17 accordance with subsection (b) of this section, it shall
18 schedule a hearing to determine whether the applicant has
19 no legally enforceable access to his land. The hearing
20 shall be scheduled at a date that allows the applicant time
21 to give all notice required under this section.
22
23 (d) If the applicant has had access to his land and
24 that access is being denied or restricted, the board of
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1 county commissioners may grant temporary access to the
2 applicant over a route identified by the board until the
3 application has been processed and finalized.
4
5 (e) After the board has scheduled a hearing date
6 under subsection (c) of this section, the applicant shall
7 give written notice of the date, time and place of the
8 hearing on the application, by certified mail with return
9 receipt, to all affected parties named in the original
10 application and any other landowners the board believes may
11 be affected by the application or any alternative route
12 which may be considered by the board or the viewers and
13 appraisers. The written notice shall include a copy of the
14 original application and any amendments thereto and shall
15 be provided at least sixty (60) days prior to the pending
16 hearing. If any affected party is a nonresident, and there
17 is no resident agent upon which personal service can be
18 had, then the notice may be published once a week for three
19 (3) weeks in a newspaper published in the county. The first
20 publication shall be at least sixty (60) days prior to the
21 hearing.
22
23 (f) The board may assess to the applicant costs for
24 acting on the application under this section and W.S.
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1 24-9-103 and require the applicant to file a bond to pay
2 for those costs.
3
4 (g) All affected parties having an interest in the
5 lands through which the proposed road or any alternative
6 road may pass may appear at the hearing and be heard by the
7 board as to the necessity of the road and all matters
8 pertaining thereto.
9
10 (h) If at the completion of the hearing the board
11 finds that the applicant has satisfied the requirements of
12 this section and access is necessary because the applicant
13 has no legally enforceable access, the board shall appoint
14 three (3) disinterested freeholders and electors of the
15 county, as viewers and appraisers., and Before entering
16 upon their duties the viewers shall take and subscribe to
17 an oath that they will faithfully and impartially perform
18 their duties under their appointment as viewers and
19 appraisers. The board shall cause an order to be issued
20 directing them to meet on a day named in the order on the
21 proposed road, and view and locate a private road according
22 to the application therefor, and to assess damages to be
23 sustained thereby. If for any reason the viewers and
24 appraisers are unable to meet at the time set by the board
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1 to view the proposed road, they may fix some other date,
2 but shall give notice in writing to the owner, resident
3 agent or occupant of the lands over which the road is
4 proposed to be laid appraise any damages and make a
5 recommendation to the board. Prior to meeting on-site to
6 view the proposed road, the viewers shall give notice in
7 writing to the applicant and affected parties of the lands
8 through which the proposed road or any alternative road may
9 pass, of the time and place where the viewers will meet, at
10 least ten (10) days before viewing the road, at which time
11 and place all persons interested may appear and be heard by
12 the viewers. Before entering upon their duties the viewers
13 shall take and subscribe to an oath that they will
14 faithfully and impartially perform their duties under their
15 appointment as viewers and appraisers. The viewers and
16 appraisers shall then proceed to locate and mark out a
17 private road in accordance with the application or in such
18 other manner and location and alternative routes as they
19 deem appropriate, provided the location of the road shall
20 not be marked out to cross the lands of any person whose
21 lands were not described in the application and affected
22 party who was not given notice of the application under
23 subsection (e) of this section. The viewers and appraisers
24 shall recommend the most reasonable and convenient route,
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1 provided that access shall be along section and boundary
2 lines whenever practical. The viewers and appraisers may
3 recommend specific conditions that the board place on the
4 road as the board deems necessary, including provisions for
5 maintenance and limitations on the amount and type of use.
6 The proposed road shall not exceed thirty (30) feet in
7 width from a certain point on the premises land of the
8 applicant to some certain point on the public road, and
9 shall be located so as to do the least possible damage to
10 the lands through which the private road is located. The
11 viewers and appraisers shall also at the same time assess
12 appraise the any damages sustained by the owner over which
13 the road is to be established and make full and true
14 returns, with a plat of the road to the board of county
15 commissioners. The viewers and appraisers shall also
16 determine whether or not any gates or cattleguards shall be
17 placed at proper points on the road, and appraise any
18 damages in accordance with that determination.
19
20 (j) In determining any damages to be suffered by the
21 owner or owners of the lands through which the access shall
22 be provided, the viewers and appraisers shall appraise the
23 value of the property before and after the road is in
24 place. Damages also may include reasonable compensation for
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1 any improvements on the lands over which any private road
2 is to be granted which were not paid for and will be used
3 by the applicant.
4
5 (k) All hearings under this section and W.S. 24-9-103
6 shall be held in accordance with the Wyoming Administrative
7 Procedure Act, as it applies to a contested case. The
8 board shall enforce the provisions of this article in
9 accordance with the Wyoming Administrative Procedure Act.
10
11 24-9-103. Report of viewers and appraisers; second
12 hearing; order by commissioners; appeal.
13
14 (a) The viewers and appraisers so appointed, or a
15 majority of them, shall make a report of their
16 recommendations to the board of county commissioners at the
17 next regular session, of the private road so located by
18 them, and also the amount of damages, if any, assessed
19 appraised by them, and the person or persons entitled to
20 such damages., and if the commissioners are satisfied that
21 such report is just, and Upon receiving the report of the
22 viewers and appraisers, the board shall hold a hearing
23 after twenty (20) days prior written notice to all affected
24 parties having an interest in the lands through which the
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1 proposed road or any alternative road may pass, at which
2 time the affected parties may address the report. The board
3 may either accept, reject or modify the report and
4 recommendations. The board shall select the most reasonable
5 and convenient route for the access, provided that access
6 shall be along section and boundary lines whenever
7 practical. In compliance with the Wyoming Administrative
8 Procedure Act, the board shall issue an order specifying
9 the route selected by the board, any conditions imposed by
10 the board and any damages and costs to be paid by the
11 applicant.
12
13 (b) The applicant and any other person aggrieved by
14 the action of the board including the amount of any damages
15 awarded, may appeal to the district court at any time
16 within thirty (30) days from the date of the order.
17
18 (c) After payment the board of county commissioners
19 has received proof of payment by the applicant of all cost
20 of locating such road, and the any damages assessed by the
21 viewers, and costs ordered to be paid, the commissioners
22 board shall order such report to be confirmed and declare
23 such cause a certified copy of the order to be filed with
24 the register of deeds declaring the road to be a private
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1 road, and the same shall be recorded as such. Any person
2 aggrieved by the action of the board or as to the amount of
3 damages awarded, may appeal to the district court at any
4 time within thirty (30) days after said road is finally
5 established by said board of county commissioners and
6 citing in the order any conditions imposed by the board.
7
8 (d) In addition to paying any damages to be suffered
9 by the affected parties having an interest in the land
10 through which the access shall be provided, the applicant
11 shall be responsible for obtaining and for paying for any
12 engineering and construction costs incurred concerning the
13 location and construction of the road.
14
15 (e) If the proposed private road is located in two
16 (2) or more counties, or if all parties and the board of
17 county commissioners so stipulate, the applicant may bring
18 a private road action in district court in the county where
19 any of the affected lands are located.
20
21 Section 2. W.S. 24-9-102 is repealed.
22
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1 Section 3. This act is effective immediately upon
2 completion of all acts necessary for a bill to become law
3 as provided by Article 4, Section 8 of the Wyoming
4 Constitution.
5
6 (END)
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