§ 18-1-101. Counties named, boundaries.

1. Albany county is that portion of the state of Wyoming within the following boundaries: commencing at a point on the south boundary of Wyoming, where a line projected south from the north one-quarter corner of section six (6), township twelve (12) north, range seventy (70) west, through the centers of sections and through one-quarter corners intersects said boundary; thence north to the north one-quarter corner of section six (6), township twelve (12) north, range seventy (70) west; thence along the third (3rd) standard parallel to the south one-quarter corner of section thirty-one (31), township thirteen (13) north, range seventy (70) west; thence north, through the centers of sections and through one-quarter corners to the north one-quarter corner of section six (6), township sixteen (16) north, range seventy (70) west; thence along the fourth (4th) standard parallel to the south one-quarter of section thirty-one (31), township seventeen (17) north, range seventy (70) west; thence north through the centers of sections, and through one-quarter corners, to the north one-quarter corner of section six (6), township twenty (20) north, range seventy (70) west; thence along the fifth (5th) standard parallel to the southeast corner of section thirty-one (31), township twenty-one (21) north, range seventy (70) west; thence north along section lines to the northeast corner of section six (6), township twenty-four (24) north, range seventy (70) west; thence along the sixth (6th) standard parallel to the southeast corner of section thirty-one (31), township twenty-five (25) north, range seventy (70) west; thence north along section lines to the northeast corner of section six (6), township twenty-eight (28) north, range seventy (70) west; thence west along the township line between townships twenty-eight (28) and twenty-nine (29) north, to the north quarter corner of section two (2), township twenty-eight (28) north, range seventy-one (71) west; thence south through the center of section two (2) to the south quarter corner of said section two (2); thence west along section line to the northwest corner of section eleven (11), township twenty-eight (28) north, range seventy-one (71) west; thence south along section line to the southwest corner of section eleven (11), township twenty-eight (28) north, range seventy-one (71) west; thence west along section line to the north quarter corner of section fifteen (15), township twenty-eight (28) north, range seventy-one (71) west; thence south to the south quarter corner of section twenty-two (22), township twenty-eight (28) north, range seventy-one (71) west; thence west along section line to northwest corner of section twenty-seven (27), township twenty-eight (28) north, range seventy-one (71) west; thence south on section line to the southwest corner of section ten (10), township twenty-seven (27) north, range seventy-one (71) west; thence west along section line to the northwest corner of section sixteen (16), township twenty-seven (27) north, range seventy-one (71) west; thence south along section lines to the southwest corner of section twenty-one (21), township twenty-seven (27) north, range seventy-one (71) west; thence west along section lines to south quarter corner of section nineteen (19), township twenty-seven (27) north, range seventy-two (72) west; thence north along center section line to the center of section nineteen (19), township twenty-seven (27) north, range seventy-two (72) west; thence west along center section lines to southeast corner of the southwest quarter (SW 1/4) of northeast quarter (NE 1/4) of section twenty-one (21), township twenty-seven (27) north, range seventy-three (73) west; thence north on subdivision line to northeast corner of northwest quarter (NW 1/4) of the northeast quarter (NE 1/4) of section twenty-one (21), township twenty-seven (27) north, range seventy-three (73) west; thence west along section line to southeast corner of section seventeen (17), township twenty-seven (27) north, range seventy-three (73) west; thence north along section line to northeast corner of section twenty-nine (29), township twenty-eight (28) north, range seventy-three (73) west; thence east along section line to southeast corner of section twenty-two (22), township twenty-eight (28) north, range seventy-three (73) west; thence north to northeast corner of section fifteen (15), township twenty-eight (28) north, range seventy-three (73) west; thence east along section line to the southeast corner of section eleven (11), township twenty-eight (28) north, range seventy-three (73) west; thence north along section lines to northeast corner of section two (2), township twenty-eight (28) north, range seventy-three (73) west; thence west along the seventh (7th) standard parallel to the north quarter corner of section four (4), township twenty-eight (28) north, range seventy-seven (77) west; thence south through the centers of sections and through one-quarter corners to the south one-quarter corner of section thirty-three (33), township twenty-five (25) north, range seventy-seven (77) west; thence along the sixth (6th) standard parallel to the northeast corner of section five (5), township twenty-four (24) north, range seventy-seven (77) west; thence south along section lines to the southeast corner of section thirty-two (32), township twenty-one (21) north, range seventy-seven (77) west; thence along the fifth (5th) standard parallel to the north one-quarter corner of section five (5), township twenty (20) north, range seventy-seven (77) west; thence south through the centers of sections and through one-quarter corners to the south one-quarter corner of section thirty-two (32), township seventeen (17) north, range seventy-seven (77) west; thence west along the fourth (4th) standard parallel to the northwest corner of section six (6), township sixteen (16) north, range seventy-nine (79) west; thence south on the range line between ranges seventy-nine (79) and eighty (80) west, to the third (3rd) standard parallel; thence along the third (3rd) standard parallel to the northwest corner of section six (6), township twelve (12) north, range seventy-nine (79) west; thence south along the range line between ranges seventy-nine (79) and eighty (80) west, to the south boundary of the state of Wyoming; thence east along said south boundary of the state of Wyoming to the point of beginning.
2. Big Horn county is that portion of the state of Wyoming within the following boundaries: beginning at the southeast corner of section thirty-six (36), township forty-nine (49) north, range eighty-six (86) west; thence north along the range line between ranges eighty-five (85) and eighty-six (86) west to the intersection of the said range line with the line along the divide between the Big Horn River and the streams flowing easterly from the Big Horn Mountains; thence northerly and northwesterly along said divide to the northern boundary of the state of Wyoming; thence west along the northern boundary of the state of Wyoming to the point of intersection between said boundary and the range line between ranges ninety-seven (97) and ninety-eight (98) west; thence south along said range line to the fourteenth (14th) standard parallel; thence along said fourteenth (14th) standard parallel to the northwest corner of section six (6), township fifty-six (56) north, range ninety-seven (97) west; thence south along the range line between ranges ninety-seven (97) and ninety-eight (98) west to the southwest corner of section thirty-one (31), township fifty-three (53) north, range ninety-seven (97) west; thence along the thirteenth (13th) standard parallel to the northwest corner of section six (6), township fifty-two (52) north, range ninety-seven (97) west; thence south along the range line between ranges ninety-seven (97) and ninety-eight (98) west to the southwest corner of section thirty-one (31), township forty-nine (49) north, range ninety-seven (97) west; thence east along the twelfth (12th) standard parallel to the point of beginning.
3. Campbell county is that portion of the state of Wyoming within the following boundaries: commencing at a point on the northern boundary of the state of Wyoming where the range line between ranges sixty-eight (68) and sixty-nine (69) west intersects said boundary; thence west along said northern boundary of the state of Wyoming to a point where it is intersected by a line projected north, through the centers of sections and through one-quarter corners, from the south one-quarter corner of section thirty-three (33), township fifty-seven (57) north, range seventy-six (76) west; thence south through centers of sections and through one-quarter corners to the south-one-quarter corner of section thirty-three (33), township fifty-seven (57) north, range seventy-six (76) west; thence along the fourteenth (14th) standard parallel to the north one-quarter corner of section four (4), township fifty-six (56) north, range seventy-six (76) west; thence south through the centers of sections and through one-quarter corners to the south one-quarter corner of section thirty-three (33), township fifty-three (53) north, range seventy-six (76) west; thence along the thirteenth (13th) standard parallel to the northwest corner of section four (4), township fifty-two (52) north, range seventy-six (76) west; thence south along section lines to the southwest corner of section thirty-three (33), township forty-nine (49) north, range seventy-six (76) west; thence along the twelfth (12th) standard parallel to the northwest corner of section four (4), township forty-eight (48) north, range seventy-six (76) west; thence south along section lines to the southwest corner of section thirty-three (33), township forty-five (45) north, range seventy-six (76) west; thence along the eleventh (11th) standard parallel to the north one-quarter corner of section five (5), township forty-four (44) north, range seventy-six (76) west; thence south through the centers of sections and through one-quarter corners to the center of section twenty-nine (29), township forty-one (41) north, range seventy-six (76) west; thence east through the centers of sections and through one-quarter corners to the east one-quarter corner of section twenty-five (25), township forty-one (41) north, range sixty-nine (69) west; thence north along the range line between ranges sixty-eight (68) and sixty-nine (69) west to the northeast corner of section one (1), township forty-four (44) north, range sixty-nine (69) west; thence along the eleventh (11th) standard parallel to the southeast corner of section thirty-six (36), township forty-five (45) north, range sixty-nine (69) west; thence north along the range line between ranges sixty-eight (68) and sixty-nine (69) west to the northeast corner of section one (1), township forty-eight (48) north, range sixty-nine (69) west; thence along the twelfth (12th) standard parallel to the southeast corner of section thirty-six (36), township forty-nine (49) north, range sixty-nine (69) west; thence north along the range line between ranges sixty-eight (68) and sixty-nine (69) west to the northeast corner of section one (1), township fifty-two (52) north, range sixty-nine (69) west; thence along the thirteenth (13th) standard parallel to the southeast corner of section thirty-six (36), township fifty-three (53) north, range sixty-nine (69) west; thence north along the range line between ranges sixty-eight (68) and sixty-nine (69) west to the northeast corner of section one (1), township fifty-six (56) north, range sixty-nine (69) west; thence along the fourteenth (14th) standard parallel to the southeast corner of section thirty-six (36), township fifty-seven (57) north, range sixty-nine (69) west; thence north along the range line between ranges sixty-eight (68) and sixty-nine (69) west to the point of beginning.
4. Carbon county is that portion of the state of Wyoming within the following boundaries: commencing at a point on the south boundary of the state of Wyoming where the range line between ranges seventy-nine (79) and eighty (80) west intersects said boundary; thence north to the third (3rd) standard parallel; thence along said third (3rd) standard parallel to the southwest corner of section thirty-one (31), township thirteen (13) north, range seventy-nine (79) west; thence north on the range line between ranges seventy-nine (79) and eighty (80) west, to the northwest corner of section six (6), township sixteen (16) north, range seventy-nine (79) west; thence east along the fourth (4th) standard parallel to the south one-quarter corner of section thirty-two (32), township seventeen (17) north, range seventy-seven (77) west; thence north through the centers of sections and through one-quarter corners to the north one-quarter corner of section five (5), township twenty (20) north, range seventy-seven (77) west; thence along the fifth (5th) standard parallel to the southeast corner of section thirty-two (32), township twenty-one (21) north, range seventy-seven (77) west; thence north along section lines to the northeast corner of section five (5), township twenty-four (24) north, range seventy-seven (77) west; thence along the sixth (6th) standard parallel to the south one-quarter corner of section thirty-three (33), township twenty-five (25) north, range seventy-seven (77) west; thence north through the centers of sections and through one-quarter corners to the north one-quarter corner of section four (4), township twenty-eight (28) north, range seventy-seven (77) west; thence west along the seventh (7th) standard parallel to the northwest corner of section six (6), township twenty-eight (28) north, range eighty-nine (89) west; thence; south on the line between ranges eighty-nine (89) and ninety (90) west to the southeast corner of section thirty-six (36), township twenty-five (25) north, range ninety (90) west; thence along the sixth (6th) standard parallel to the northwest corner of section six (6), township twenty-four (24) north, range eighty-nine (89) west; thence south along the range line between ranges eighty-nine (89) and ninety (90) west to the southeast corner of section thirty-six (36), township twenty-one (21) north, range ninety (90) west; thence along the fifth (5th) standard parallel to the northeast corner of section three (3), township twenty (20) north, range ninety (90) west; thence south along section lines to the southeast corner of section thirty-four (34), township twenty (20) north, range ninety (90) west; thence west along the township line between townships nineteen (19) and twenty (20) north, to the northwest corner of section six (6), township nineteen (19) north, range ninety-three (93) west; thence south along the range line between ranges ninety-three (93) and ninety-four (94) west to the southwest corner of section thirty-one (31), township seventeen (17) north, range ninety-three (93) west; thence along the fourth (4th) standard parallel to the northwest corner of section six (6), township sixteen (16) north, range ninety-three (93) west; thence south on the range line between ranges ninety-three (93) and ninety-four (94) west to the third (3rd) standard parallel; thence along the third (3rd) standard parallel to the northwest corner of section six (6), township twelve (12) north, range ninety-three (93) west; thence south on the range line between ranges ninety-three (93) and ninety-four (94) west to the southern boundary of the state of Wyoming; thence east along the said southern boundary of the state of Wyoming to the point of beginning.
5. Converse county is that portion of the state of Wyoming within the following boundaries: beginning at the east one-quarter corner of section twenty-eight (28), township forty-one (41) north, range sixty-seven (67) west; thence west through the centers of sections and through one-quarter corners to the center of section twenty-six (26), township forty-one (41) north, range seventy-seven (77) west; thence south to the south one-quarter corner of section thirty-five (35), township forty-one (41) north, range seventy-seven (77) west; thence along the tenth (10th) standard parallel to the northeast corner of section three (3), township forty (40) north, range seventy-seven (77) west; thence south along section lines to the southeast corner of section thirty-four (34), township thirty-seven (37) north, range seventy-seven (77) west; thence along the ninth (9th) standard parallel to the north one-quarter corner of section three (3), township thirty-six (36) north, range seventy-seven (77) west; thence south through the centers of sections and through one-quarter corners to the north one-quarter corner of section thirty-four (34), township thirty-three (33) north, range seventy-seven (77) west; thence south on center line of section thirty-four (34) to the southwest corner of lot one (1), section thirty-four (34), thence west on the north line of tract forty-four (44), section thirty-four (34), to the northwest corner thereof, thence south on the west line of tract forty-four (44), section thirty-four (34), township thirty-three (33) north, range seventy-seven (77) west, to the southwest corner thereof; thence south along the east line of lots eleven (11), thirteen (13), fourteen (14), eighteen (18) and tract fifty-two (52), section four (4), township thirty-two (32) north, range seventy-seven (77) west; thence south along the east line of tract fifty-two (52), lots three (3), four (4), six (6), and tract fifty-nine (59), section nine (9); thence south along the east line of tract fifty-nine (59) and lot three (3) to the southwest corner of tract fifty-eight (58), thence east on south line of tract fifty-eight (58) to the northwest corner of lot four (4), thence south on the east line of lot three (3), section sixteen (16); thence south along the east line of lots one (1), two (2), three (3), four (4), section twenty-one (21); thence south along the east line of lot four (4) to the point of intersection on the north boundary of lot “A”, tract seventy-eight (78), thence east along the north boundary of lot “A” to the northeast corner thereof, thence south along the east line of lot “A” to the southeast corner thereof, thence west along the south line of lot “A” to the southwest corner of lot “A”, tract seventy-eight (78); thence south along the west line of lots three (3), four (4), five (5), section twenty-eight (28); thence south on the west line of lot one (1), section thirty-three (33) to the northeast corner of tract ninety-seven (97) “B”, thence east along the north line of lot “A”, tract ninety-seven (97) to the northeast corner thereof, thence south on the east line of tract ninety-seven (97) to the southeast corner thereof, thence west on the south line of tract ninety-seven (97) to the east line of lot six (6), thence south on the east line lot six (6) to the township line, all being in township thirty-two (32) north, range seventy-seven (77) west; thence west on the township line to the north one-quarter corner of section four (4), township thirty-one (31) north, range seventy-seven (77) west; thence south through the centers of sections and through one-quarter corners to the south one-quarter corner of section thirty-three (33), township twenty-nine (29) north, range seventy-seven (77) west; thence east on the township line between township twenty-eight (28) and twenty-nine (29) north to the northwest corner of section one (1), township twenty-eight (28) north, range seventy-three (73) west; thence south on section lines to southwest corner of section twelve (12), township twenty-eight (28) north, range seventy-three (73) west; thence west along section line to northwest corner of section fourteen (14), township twenty-eight (28) north, range seventy-three (73) west; thence south along section line to southwest corner of section twenty-three (23), township twenty-eight (28) north, range seventy-three (73) west; thence west along section line to northwest corner of section twenty-eight (28) in township twenty-eight (28) north, range seventy-three (73) west; thence south along section lines to southwest corner of section sixteen (16), township twenty-seven (27) north, range seventy-three (73) west; thence east along section line to northwest corner of northeast quarter (NE 1/4) of northeast quarter (NE 1/4) of section twenty-one (21), township twenty-seven (27) north, range seventy-three (73) west; thence south along subdivision lines to southwest corner of southeast quarter (SE 1/4) of northeast quarter (NE 1/4) of section twenty-one (21), township twenty-seven (27) north, range seventy-three (73) west; thence east along center of sections to center of section nineteen (19), township twenty-seven (27) north, range seventy-two (72) west; thence south along center section line to south quarter corner of section nineteen (19), township twenty-seven (27) north, range seventy-two (72) west; thence east along section lines to southeast corner of section twenty (20), township twenty-seven (27) north, range seventy-one (71) west; thence north along section lines to southwest corner of section nine (9), township twenty-seven (27) north, range seventy-one (71) west; thence east along section line to southeast corner of section nine (9), township twenty-seven (27) north, range seventy-one (71) west; thence north along section lines to southwest corner of section twenty-two (22), township twenty-eight (28) north, range seventy-one (71) west; thence east along section line to south quarter corner of section twenty-two (22), township twenty-eight (28) north, range seventy-one (71) west; thence north along center of sections to north quarter corner of section fifteen (15), township twenty-eight (28) north, range seventy-one (71) west; thence east along section lines to southeast corner of section ten (10), township twenty-eight (28) north, range seventy-one (71) west; thence north along section lines to northeast corner of section ten (10), township twenty-eight (28) north, range seventy-one (71) west; thence east on section lines to south quarter corner of section two (2), township twenty-eight (28) north, range seventy-one (71) west; thence north through center of sections to the north quarter corner of section two (2), township twenty-eight (28) north, range seventy-one (71) west; thence east along the seventh (7th) standard parallel between townships twenty-eight (28) and twenty-nine (29) north, to the southeast corner of section thirty-one (31), township twenty-nine (29) north, range seventy (70) west; thence north along section lines to the northeast corner of section six (6), township thirty (30) north, range seventy (70) west; thence east along the township line between townships thirty (30) and thirty-one (31) north, to the southeast corner of section thirty-three (33), township thirty-one (31) north, range sixty-seven (67) west; thence north along section lines to the point of beginning.
6. Crook county is that portion of the state of Wyoming within the following boundaries: commencing at a point on the eastern boundary of the state of Wyoming where said boundary is intersected by the township line between townships forty-eight (48) and forty-nine (49) north; thence north to the northeastern corner of the state of Wyoming; thence west along the northern boundary of the state of Wyoming to a point on said boundary where the same is intersected by a line between ranges sixty-eight (68) and sixty-nine (69) west; thence south along said range line to the southwest corner of section thirty-one (31), township fifty-seven (57) north, range sixty-eight (68) west; thence along the fourteenth (14th) standard parallel to the northwest corner of section six (6) township fifty-six (56) north, range sixty-eight (68) west; thence south along the range line between ranges sixty-eight (68) and sixty-nine (69) west to the southwest corner of section thirty-one (31), township fifty-three (53) north, range sixty-eight (68) west; thence along the thirteenth (13th) standard parallel to the northwest corner of section six (6), township fifty-two (52) north, range sixty-eight (68) west; thence south along the range line between ranges sixty-eight (68) and sixty-nine (69) west to the southwest corner of section thirty-one (31), township forty-nine (49) north, range sixty-eight (68) west; thence east along the twelfth (12th) standard parallel to the point of beginning.
7. Fremont county is that portion of the state of Wyoming within the following boundaries: commencing at the southeast corner of section thirty-six (36), township twenty-seven (27) north, range ninety (90) west; thence north along the range line between ranges eighty-nine (89) and ninety (90) west to the northeast corner of section one (1), township twenty-eight (28) north, range ninety (90) west; thence along the seventh (7th) standard parallel to the southeast corner of section thirty-six (36), township twenty-nine (29) north, range ninety (90) west; thence north along the range line between ranges eighty-nine (89) and ninety (90) west to the northeast corner of section one (1), township thirty-two (32) north, range ninety (90) west; thence along the eighth (8th) standard parallel to the southwest corner of section thirty-four (34), township thirty-three (33) north, range eighty-nine (89) west; thence north along section lines to the northwest corner of section three (3), township thirty-six (36) north, range eighty-nine (89) west; thence along the ninth (9th) standard parallel to the southwest corner of section thirty-four (34), township thirty-seven (37) north, range eighty-nine (89) west; thence north along section lines to the northwest corner of section three (3), township forty (40) north, range eighty-nine (89) west; thence along the tenth (10th) standard parallel to the southwest corner of section thirty-four (34), township forty-one (41) north, range eighty-nine (89) west; thence north to the northwest corner of section twenty-seven (27), township forty-one (41) north, range eighty-nine (89) west; thence west along section lines to the northwest corner of section thirty (30), township forty-one (41) north, range eighty-nine (89) west; thence south along the range line between ranges eighty-nine (89) and ninety (90) west to the southeast corner of section thirty-six (36), township forty-one (41) north, range ninety (90) west; thence west along the tenth (10th) standard parallel to the west boundary line of range ninety-four (94) west sixth (6th) principal meridian; thence south along said boundary line to the north line of section thirty-four (34), township six (6) north, range six (6) east, Wind River meridian; thence west along section lines to the northwest corner of section thirty-one (31), township six (6) north, range five (5) east, W. R. M.; thence north along the range line between ranges four (4) and five (5) east, to the northeast corner of section twenty-five (25), township six (6) north, range four (4) east, W. R. M.; thence west along section lines to the northwest corner of section thirty (30), township six (6) north, range four (4) east, W. R. M.; thence north along the range line between ranges three (3) and four (4) east to the northeast corner of section thirteen (13), township six (6) north, range three (3) east, W. R. M.; thence west along section lines to the northwest corner of section eighteen (18), township six (6) north, range three (3) east, W. R. M.; thence north along the range line between ranges two (2) and three (3) east to the northeast corner of section one (1), township six (6) north, range two (2) east, W. R. M.; thence west along the township line between townships six (6) and seven (7) north to the northeast corner of section one (1), township six (6) north, range one (1), east, W. R. M.; thence north along the range line between ranges one (1) and two (2) east to the northeast corner of section twenty-four (24), township seven (7) north, range one (1) east, W. R. M.; thence west along section lines to the northwest corner of section nineteen (19), township seven (7) north, range one (1) east W. R. M.; thence north along the Wind River meridian to the northeast corner of section twelve (12), township seven (7) north, range one (1) west W. R. M.; thence west along section lines to the northwest corner of section seven (7), township seven (7) north, range one (1) west W. R. M.; thence north along the range line between ranges one (1) and two (2) west to the northeast corner of section one (1), township seven (7) north, range two (2) west W. R. M.; thence west along the township line between townships seven (7) and eight (8) north to the northeast corner of section one (1), township seven (7) north, range four (4) west, W. R. M.; thence north along the range line between ranges three (3) and four (4) west to the intersection of said range line with middle line of the south fork of Owl Creek, thence northwesterly along the middle of said south fork of Owl Creek to the divide between the water sheds of Wind River and tributaries and the Greybull River and tributaries; thence westerly along the divide between said water sheds to the divide between the drainage basin of the Columbia River and the drainage basin of the Missouri River; thence northwesterly along said divide to its intersection with the line projected north along section lines from the southeast corner of section thirty-three (33), township forty-five (45) north, range one hundred ten (110) west sixth (6th) principal meridian; thence south along section lines to the southeast corner of section thirty-three (33), township forty-five (45) north, range one hundred ten (110) west; thence along the eleventh (11th) standard parallel to the northeast corner of section four (4), township forty-four (44) north, range one hundred ten (110) west; thence south along section lines to the southeast corner of section thirty-three (33), township forty-one (41) north, range one hundred ten (110) west; thence along the tenth (10th) standard parallel to the northwest corner of section six (6), township forty (40) north, range one hundred seven (107) west; thence south along the range line between ranges one hundred seven (107) and one hundred eight (108) west to the intersection of said range line with the divide between the Missouri River drainage and the Green River drainage; thence southeasterly along said divide to its intersection with the township line between townships thirty-one (31) and thirty-two (32) north, thence east along said township line to the northwest corner of section six (6), township thirty-one (31) north, range one hundred two (102) west; thence south along the range line between ranges one hundred two (102) and one hundred three (103) west to the southwest corner of section thirty-one (31), township twenty-nine (29) north, range one hundred two (102) west; thence along the seventh (7th) standard parallel to the northwest corner of section six (6), township twenty-eight (28) north, range one hundred two (102) west; thence south along the range line between ranges one hundred two (102) and one hundred three (103) west to the southwest corner of section thirty-one (31), township twenty-seven (27) north, range one hundred two (102) west; thence east along the township line between townships twenty-six (26) and twenty-seven (27) north to the point of beginning.
8. Goshen county is that portion of the state of Wyoming within the following boundaries: commencing at a point on the boundary line between the state of Wyoming and the state of Nebraska, where the township line between townships thirty (30) and thirty-one (31) north intersects said boundary line, and running thence south along the said boundary line, between the state of Wyoming and the state of Nebraska, to township line between eighteen (18) and nineteen (19) north; thence west on said township line to the section line between sections thirty-three (33) and thirty-four (34), in township nineteen (19), north range sixty-five (65) west of sixth principal meridian; thence north along the middle section line of range sixty-five (65) to its intersection with the north boundary line of Laramie county; thence east along said county boundary line to the place of beginning.
9. Hot Springs county is that portion of the state of Wyoming within the following boundaries: beginning at the northwest corner of township forty-seven (47) north of range ninety-nine (99) west; thence south along the range line between ranges ninety-nine (99) and one hundred (100) west, to the northeast corner of township forty-six (46) north of range one hundred (100) west, thence west along the township line, between townships forty-six (46) and forty-seven (47) west; to the northwest corner of township forty-six (46) north of range one hundred (100) west; thence south along the range line between ranges one hundred (100) and one hundred one (101) west; to the northeast corner of township forty-five (45) north of range one hundred one (101) west; thence west along the township line, between townships forty-five (45) and forty-six (46), north to the northwest corner of section three (3), in township forty-five (45) north of range one hundred two (102) west; thence south along the west line of sections three (3), ten (10), fifteen (15), twenty-two (22), twenty-seven (27) and thirty-four (34), in said township forty-five (45), north of range one hundred two (102) west, to the southwest corner of section thirty-four (34); thence west along the township line, between townships forty-four (44) and forty-five (45) north, to the northern boundary line of Fremont county; thence southeasterly along the northern boundary line of Fremont county, to the middle line of the south fork of Owl Creek; thence southeasterly along the middle of said south fork of Owl Creek, to the range line between ranges three (3) and four (4) west of the Wind River meridian; thence south on said range line to the southwest corner of township eight (8) north of range three (3), west of Wind River meridian and base line; thence east on the township line between townships seven (7) and eight (8) north, to the northeast corner of township seven (7), north of range two (2) west; thence south on the range line between ranges one (1) and two (2) west, to the southwest corner of section six (6), township seven (7), north of range one (1) west; thence east along the south line of sections six (6), five (5), four (4), three (3), two (2) and one (1) to the Wind River meridian; thence south on said Wind River meridian to the southwest corner of section eighteen (18), in township seven (7), north of range one (1) east; thence east along the south line of sections eighteen (18), seventeen (17), sixteen (16), fifteen (15), fourteen (14) and thirteen (13), to the northeast corner of section nineteen (19), in township seven (7), north of range two (2) east; thence south on the range line between ranges one (1) and two (2) east, to the southwest corner of township seven (7), north of range two (2) east; thence east on the township line between townships six (6) and seven (7) north, to the northwest corner of township six (6), north of range three (3) east; thence south along the range line between ranges two (2) and three (3) east, to the southwest corner of section seven (7), in township six (6), north of range three (3) east; thence east along the south line of sections seven (7), eight (8), nine (9), ten (10), eleven (11) and twelve (12) to the southwest corner of section seven (7) in township six (6), north of range four (4) east; thence south along the range line between ranges three (3) and four (4) east to the southwest corner of section nineteen (19), in township six (6), north of range four (4) east; thence east along the south line of sections nineteen (19), twenty (20), twenty-one (21), twenty-two (22), twenty-three (23) and twenty-four (24) to the northeast corner of section twenty-five (25), in township six (6), north of range four (4) east; thence south along the range line between ranges four (4) and five (5) east, to the southwest corner of section thirty (30), in township six (6), north of range five (5) east; thence east along the south line of sections thirty (30), twenty-nine (29), twenty-eight (28), twenty-seven (27), twenty-six (26) and twenty-five (25), in the last mentioned township and range, and the south line of sections thirty (30) and twenty-nine (29), in township six (6), north of range six (6) east, in a straight line to the east boundary line of said range six (6) east; thence north, on the east boundary line of said range six (6), to the intersection with the tenth (10th) standard parallel north; thence east along said tenth (10th) standard parallel north to the southeast corner of township forty-one (41), north of range ninety (90) west; thence north along the range line between ranges eighty-nine (89) and ninety (90) west, to the northeast corner of township forty-two (42), north of range ninety (90) west; thence west along the township line between townships forty-two (42) and forty-three (43) north, to the southeast corner of township forty-three (43), north of range ninety-one (91) west; thence north along the range line between ranges ninety (90) and ninety-one (91) west, to the northeast corner of township forty-three (43), north of range ninety-one (91) west; thence west along the township line between townships forty-three (43) and forty-four (44) north to the southeast corner of township forty-four (44), north of range ninety-three (93) west; thence north along the range line between ranges ninety-two (92) and ninety-three (93) west to the northeast corner of township forty-four (44), north of range ninety-three (93) west; thence west along the township line, between townships forty-four (44) and forty-five (45) north, to its intersection with the middle line of the Big Horn River; thence northerly along the middle line of the Big Horn River to its intersection with the section line between sections nineteen (19) and thirty (30), in township forty-five (45), north of range ninety-four (94) west; thence west along said section line and the south boundary line of sections twenty-four (24), twenty-three (23), twenty-two (22), twenty-one (21), twenty (20) and nineteen (19), in township forty-five (45) north of range ninety-five (95) west, to the southwest corner of section nineteen (19), in said last mentioned township and range; thence north along the range line between ranges ninety-five (95) and ninety-six (96) west, to the northeast corner of township forty-five (45) north of range ninety-six (96) west; thence west along the township line, between townships forty-five (45) and forty-six (46) north, to the southeast corner of township forty-six (46) north of range ninety-seven (97) west; thence north along the range line, between ranges ninety-six (96) and ninety-seven (97) west, to the northeast corner of township forty-six (46), north of range ninety-seven (97) west; thence west along the township line, between townships forty-six (46) and forty-seven (47) north, to the southeast corner of section thirty-three (33), township forty-seven (47), north of range ninety-seven (97) west; thence north along the west line of sections thirty-three (33), twenty-eight (28), twenty-one (21), sixteen (16), nine (9) and four (4), in township forty-seven (47), north of range ninety-seven (97) west, to the northeast corner of section four (4), in said last mentioned township and range; thence west on the township line, between townships forty-seven (47) and forty-eight (48) north, to place of beginning.
10. Johnson county is that portion of the state of Wyoming within the following boundaries: commencing at the center of section twenty-nine (29), township forty-one (41) north, range seventy-six (76) west; thence north through the centers of sections and through one-quarter corners to the north one-quarter corner of section five (5), township forty-four (44) north, range seventy-six (76) west; thence along the eleventh (11th) standard parallel to the southeast corner of section thirty-two (32), township forty-five (45) north, range seventy-six (76) west; thence north along the section lines to the northeast corner of section five (5), township forty-eight (48) north, range seventy-six (76) west; thence along the twelfth (12th) standard parallel to the southeast corner of section thirty-two (32), township forty-nine (49) north, range seventy-six (76) west; thence north along section lines to the northeast corner of section five (5), township fifty-two (52) north, range seventy-six (76) west; thence along the thirteenth (13th) standard parallel to the south one-quarter corner of section thirty-three (33), township fifty-three (53) north, range seventy-six (76) west; thence north to the south one-quarter corner of section sixteen (16), township fifty-three (53) north, range seventy-six (76) west; thence west along section lines to the southwest corner of section eighteen (18), township fifty-three (53) north, range seventy-six (76) west; thence north along the range line to the southeast corner of section thirteen (13), township fifty-three (53) north, range seventy-seven (77) west; thence west along section lines to the southwest corner of section eighteen (18), township fifty-three (53) north, range seventy-seven (77) west; thence south two (2) degrees thirty (30) minutes east along the west line of township fifty-three (53) north, range seventy-seven (77) west, to the southeast corner of section thirteen (13), township fifty-three (53) north, range seventy-eight (78) west; thence west along section lines through township fifty-three (53) north, range seventy-eight (78) west and township fifty-three (53) north, range seventy-nine (79) west to the southwest corner of section eighteen (18), township fifty-three (53) north, range seventy-nine (79) west; thence south along the west line of township fifty-three (53) north, range seventy-nine (79) west to the southeast corner of section thirteen (13), township fifty-three (53) north, range eighty (80) west; thence west along section lines to the summit of the divide between the drainage of the Big Horn River and the drainage of streams running easterly from the Big Horn Mountains; thence southeasterly and southerly along said summit and divide to its intersection with the range line between ranges eighty-five (85) and eighty-six (86) west, in township fifty (50) north, being in the vicinity of Mather Peak; thence south on said range line to the southeast corner of section thirty-six (36), township forty-nine (49) north, range eighty-six (86) west; thence east on the twelfth (12th) standard parallel to the northeast corner of section one (1), township forty-eight (48) north, range eighty-six (86) west; thence south on the range line between ranges eighty-five (85) and eighty-six (86) west to the southeast corner of section thirty-six (36), township forty-five (45) north, range eighty-six (86) west; thence east along the eleventh (11th) standard parallel to the northeast corner of section one (1), township forty-four (44) north, range eighty-six (86) west; thence south along the range line between ranges eighty-five (85) and eighty-six (86) west, to the west one-quarter corner of section thirty (30), township forty-one (41) north, range eighty-five (85) west; thence east through the centers of sections and through one-quarter corners to the point of beginning.
11. Laramie county is that portion of the state of Wyoming within the following boundaries: commencing at the southeast corner of the state of Wyoming; thence north to a point on the east boundary line of the state of Wyoming where the township line between townships eighteen (18) and nineteen (19) north, intersect said boundary; thence west along said township line to the southwest corner of section thirty-four (34), township nineteen (19) north, range sixty-five (65) west; thence north along section lines to the northwest corner of section three (3), township nineteen (19) north, range sixty-five (65) west; thence west along the township line to the north one-quarter corner of section six (6), township nineteen (19) north, range seventy (70) west; thence south through the centers of sections and through one-quarter corners to the south one-quarter corner of section thirty-one (31), township seventeen (17) north, range seventy (70) west; thence along the fourth (4th) standard parallel to the north one-quarter corner of section six (6), township sixteen (16) north, range seventy (70) west; thence south through the centers of sections and through one-quarter corners to the south one-quarter corner of section thirty-one (31), township thirteen (13) north, range seventy (70) west; thence along the third (3rd) standard parallel to the north one-quarter corner of section six (6), township twelve (12) north, range seventy (70) west; thence south through the centers of sections and through one-quarter corners to the southern boundary of the state of Wyoming; thence east along the southern boundary of the state of Wyoming to the southeast corner of said state, which is the point of beginning.
12. Lincoln county is that portion of the state of Wyoming within the following boundaries: beginning at the north one-quarter corner of section three (3), township eighteen (18) north, range one hundred twelve (112) west; thence west along the township line between townships eighteen (18) and nineteen (19) north to the intersection of the said township line with the western boundary of the state of Wyoming; thence north along said western boundary of the state of Wyoming to the intersection of said boundary with the township line between township thirty-eight (38) north and township thirty-nine (39) north; thence east along the township line between township thirty-eight (38) and thirty-nine (39) north to the southeast corner of section thirty-six (36), township thirty-nine (39) north, range one hundred eighteen (118) west; thence south along the range line to the southwest corner of section thirty (30), township thirty-nine (39) north, range one hundred seventeen (117) west; thence east along the section lines to the southeast corner of section twenty-five (25), township thirty-nine (39) north, range one hundred seventeen (117) west unsurveyed; thence south to the southwest corner of section nineteen (19), township thirty-eight (38) north, range one hundred sixteen (116) west (unsurveyed); thence east six (6) miles to the southwest corner of section nineteen (19), township thirty-eight (38) north, range one hundred fifteen (115) west; thence east along section lines to the southeast corner of section twenty-four (24), township thirty-eight (38) north, range one hundred fifteen (115) west; thence south along the range line between ranges one hundred fourteen (114) and one hundred fifteen (115) west to the southwest corner of section thirty-one (31), township thirty-seven (37) north, range one hundred fourteen (114) west; thence west along the section lines to the northwest corner of section four (4) township thirty-six (36) north, range one hundred fifteen (115) west; thence south along section lines to the southwest corner of section thirty-three (33), township thirty-six (36) north, range one hundred fifteen (115) west; thence west along the section lines to the northwest corner of section four (4), township thirty-five (35) north, range one hundred fifteen (115) west; thence south along section lines to the southwest corner of section thirty-three (33), township thirty-three (33) north, range one hundred fifteen (115) west; thence west along the township line between townships thirty-three (33) and thirty-two (32) north to the southwest corner of section thirty-one (31), township thirty-three (33) north, range one hundred fifteen (115) west; thence due south to a point on the projection of the township line between townships thirty-one (31) and thirty-two (32) north; thence east along said projected township line to the northwest corner of section six (6), township thirty-one (31) north, range one hundred fifteen (115) west; thence south along the range line between ranges one hundred fifteen (115) and one hundred sixteen (116) west to the southwest corner of section thirty-one (31), township twenty-nine (29) north, range one hundred fifteen (115) west; thence along the township line between townships twenty-eight (28) and twenty-nine (29) north to the northwest corner of section six (6), township twenty-eight (28) north, range one hundred fifteen (115) west; thence south along the range line between ranges one hundred fifteen (115) and one hundred sixteen (116) west to the southwest corner of section thirty-one (31), township twenty-seven (27) north, range one hundred fifteen (115) west; thence east along the township line between townships twenty-six (26) and twenty-seven (27) north to the northeast corner of section five (5), township twenty-six (26) north, range one hundred eleven (111) west; thence south along section lines to the southeast corner of section thirty-two (32), township twenty-five (25) north, range one hundred eleven (111) west; thence along the sixth (6th) standard parallel to the north one-quarter corner of section six (6), township twenty-four (24) north, range one hundred eleven (111) west; thence south through the centers of sections and through one-quarter corners to the south one-quarter corner of section thirty-one (31), township twenty-one (21) north, range one hundred eleven (111) west; thence along the fifth (5th) standard parallel to the north one-quarter corner of section three (3), township twenty (20) north, range one hundred twelve (112) west; thence south through the centers of sections and through one-quarter corners to the point of beginning.
13. Natrona county is that portion of the state of Wyoming within the following boundaries: commencing at the south one-quarter corner of section thirty-three (33), township twenty-nine (29) north, range seventy-seven (77) west; thence north through the centers of sections and through one-quarter corners to the north one-quarter corner of section four (4), township thirty-two (32) north, range seventy-seven (77) west; thence along the eighth (8th) standard parallel to the south one-quarter corner of section thirty-four (34), township thirty-three (33) north, range seventy-seven (77) west; thence north through the centers of sections and through one-quarter corners to the north one-quarter corner of section three (3), township thirty-six (36) north, range seventy-seven (77) west; thence along the ninth (9th) standard parallel to the southeast corner of section thirty-four (34), township thirty-seven (37) north, range seventy-seven (77) west; thence north along section lines to the northeast corner of section three (3), township forty (40) north, range seventy-seven (77) west; thence along the tenth (10th) standard parallel to the south one-quarter corner of section thirty-five (35), township forty-one (41) north, range seventy-seven (77) west; thence north to the center of section twenty-six (26), township forty-one (41) north, range seventy-seven (77) west; thence west through the centers of sections and through one-quarter corners to the west one-quarter corner of section thirty (30), township forty-one (41) north, range eighty-five (85) west; thence along the range line between ranges eighty-five (85) and eighty-six (86) west, to the northeast corner of section twenty-five (25), township forty-one (41) north, range eighty-six (86) west; thence west along section lines to the northwest corner of section twenty-seven (27), township forty-one (41) north, range eighty-nine (89) west; thence south to the southwest corner of section thirty-four (34), township forty-one (41) north, range eighty-nine (89) west; thence along the tenth (10th) standard parallel to the northwest corner of section three (3), township forty (40) north, range eighty-nine (89) west; thence south along section lines to the southwest corner of section thirty-four (34), township thirty-seven (37) north, range eighty-nine (89) west; thence along the ninth (9th) standard parallel to the northwest corner of section three (3), township thirty-six (36) north, range eighty-nine (89) west; thence south along section lines to the southwest corner of section thirty-four (34), township thirty-three (33) north, range eighty-nine (89) west; thence along the eighth (8th) standard parallel to the northwest corner of section six (6), township thirty-two (32) north, range eighty-nine (89) west; thence along the range line between ranges eighty-nine (89) and ninety (90) west to the southwest corner of section thirty-one (31), township twenty-nine (29) north, range eighty-nine (89) west; thence east along the seventh (7th) standard parallel to the point of beginning.

    The eastern boundary of Natrona county, Wyoming, and the western boundary of Converse county, Wyoming, is hereby fixed, established and determined to be as follows, to-wit: beginning at the center of section twenty-six (26), township forty-one (41) north, range seventy-seven (77) west; thence south to the south one-quarter corner of section thirty-five (35), township forty-one (41) north, range seventy-seven (77) west; thence along the tenth (10th) standard parallel to the northeast corner of section three (3), township forty (40) north, range seventy-seven (77) west; thence south along section lines to the southeast corner of section thirty-four (34), township thirty-seven (37) north, range seventy-seven (77) west; thence along the ninth (9th) standard parallel to the north one-quarter corner of section three (3), township thirty-six (36) north, range seventy-seven (77) west; thence south through the centers of sections and through one-quarter corners to the north one-quarter corner of section thirty-four (34), township thirty-three (33) north, range seventy-seven (77) west; thence south on centerline of section thirty-four (34) to the southwest corner of lot one (1), section thirty-four (34), thence west on the north line of tract forty-four (44), section thirty-four (34) to the northwest corner thereof, thence south on the west line of tract forty-four (44), section thirty-four (34), township thirty-three (33) north, range seventy-seven (77) west, to the southwest corner thereof; thence south along the east line of lots eleven (11), thirteen (13), fourteen (14), eighteen (18) and tract fifty-two (52), section four (4), township thirty-two (32) north, range seventy-seven (77) west; thence south along the east line of tract fifty-two (52), lots three (3), four (4), six (6), and tract fifty-nine (59), section nine (9); thence south along the east line of tract fifty-nine (59) and lot three (3) to the southwest corner of tract fifty-eight (58), thence east on south line of tract fifty-eight (58) to the northwest corner of lot four (4), thence south on the east line of lot three (3), section sixteen (16); thence south along the east line of lots one (1), two (2), three (3), four (4), section twenty-one (21); thence south along the east line of lot four (4) to the point of intersection on the north boundary of lot “A”, tract seventy-eight (78), thence east along the north boundary of lot “A” to the northeast corner thereof, thence south along the east line of lot “A” to the southeast corner thereof, thence west along the south line of lot “A” to the southwest corner of lot “A,” tract seventy-eight (78); thence south along the west line of lots three (3), four (4), five (5), section twenty-eight (28); thence south on the west line of lot one (1), section thirty-three (33) to the northeast corner of tract ninety-seven (97) “B”, thence east along the north line of lot “A”, tract ninety-seven (97) to the northeast corner thereof, thence south on the east line of tract ninety-seven (97) to the southeast corner thereof, thence west on the south line of tract ninety-seven (97) to the east line of lot six (6), thence south on the east line of lot six (6) to the township line, all being in township thirty-two (32) north, range seventy-seven (77) west; thence west on the township line to the north one-quarter of section four (4), township thirty-one (31) north, range seventy-seven (77) west; thence south through the centers of sections and through one-quarter corners to the south one-quarter corner of section thirty-three (33), township twenty-nine (29) north, range seventy-seven (77) west, in accordance with the original survey and resurvey plats on file in the public survey office of the United States general land office, Cheyenne, Wyoming.

14. Niobrara county is that portion of the state of Wyoming within the following boundaries: beginning at the west one-quarter corner of section twenty-seven (27), township forty-one (41) north, range sixty-seven (67) west; and running thence south along section lines to the southwest corner of section thirty-four (34), township thirty-one (31) north, range sixty-seven (67) west; thence east along the township line between townships thirty (30) and thirty-one (31) north, to its intersection with the eastern boundary of the state of Wyoming; thence north along said eastern boundary line of the state of Wyoming to the point where said boundary intersects a line projected east from the west one-quarter corner of section thirty (30), township forty-one (41) north, range sixty (60) west; thence west through the centers of sections and through one-quarter corners to the place of beginning.
15. Park county is that portion of the state of Wyoming within the following boundaries: commencing at the southeast corner of section thirty-three (33), township forty-five (45) north, range one hundred two (102) west; thence north along the east section lines of section thirty-three (33), twenty-eight (28), twenty-one (21), sixteen (16), nine (9), and four (4), to the northeast corner of section four (4), township forty-five (45) north, range one hundred two (102) west; thence east along the township line between townships forty-five (45) and forty-six (46) north, to the southeast corner of section thirty-six (36), township forty-six (46) north, range one hundred one (101) west; thence north along the range line between ranges one hundred (100) and one hundred one (101) west, to the southeast corner of section thirty-six (36), township forty-seven (47) north, range one hundred one (101) west; thence east along the township line between townships forty-six (46) and forty-seven (47) north, to the southeast corner of section thirty-six (36), township forty-seven (47) north, range one hundred (100) west; thence north along the range line between ranges ninety-nine (99) and one hundred (100) west to the southeast corner of section thirty-six (36), township forty-eight (48) north, range one hundred (100) west; thence east along the township line between townships forty-seven (47) and forty-eight (48) north, to the southeast corner of section thirty-six (36), township forty-eight (48) north, range ninety-eight (98) west; thence north along the range line between ranges ninety-seven (97) and ninety-eight (98) west to the northeast corner of section one (1), township forty-eight (48) north, range ninety-eight (98) west; thence along the twelfth (12th) standard parallel to the southeast corner of section thirty-six (36), township forty-nine (49) north, range ninety-eight (98) west; thence north along the range line between ranges ninety-seven (97) and ninety-eight (98) west to the northeast corner of section one (1), township fifty-two (52) north, range ninety-eight (98) west; thence along the thirteenth (13th) standard parallel to the southeast corner of section thirty-six (36), township fifty-three (53) north, range ninety-eight (98) west; thence north along the range line between ranges ninety-seven (97) and ninety-eight (98) west to the northeast corner of section one (1), township fifty-six (56) north, range ninety-eight (98) west; thence along the fourteenth (14th) standard parallel to the southeast corner of section thirty-six (36), township fifty-seven (57) north, range ninety-eight (98) west; thence north along the range line between ranges ninety-seven (97) and ninety-eight (98) west to the intersection of said line with the northern boundary of the state of Wyoming; thence west along the northern boundary of the state of Wyoming to the western boundary of said state of Wyoming; thence south along the western boundary of the state of Wyoming to parallel forty-four degrees (44) forty minutes (40´) of north latitude; thence east along said parallel of latitude to the one hundred ten degrees (110) forty minutes (40´) meridian of west longitude from Greenwich; thence south along said meridian to parallel forty-four degrees (44) thirty-five minutes (35´) of north latitude; thence east along said parallel to the middle of the main channel of the Yellowstone River; thence southerly following the centerline of the main channel of the Yellowstone River to the point where the Yellowstone River leaves Yellowstone Lake; thence southerly following the eastern shoreline of Yellowstone Lake to the mouth of Yellowstone River; thence southeasterly following the centerline of the main channel of the Yellowstone River to intersect the southern boundary of the Yellowstone National Park; thence east along the southern boundary of Yellowstone National Park to a point where said boundary intersects a line running north from the southwest corner of section thirty-four (34), township forty-five (45) north, range one hundred ten (110) west; thence south along said line to a point where it intersects the Continental Divide, separating the waters of the Missouri from the Columbia; thence south and southeasterly along said divide until said divide intersects the divide separating the waters flowing into Grey Bull River and tributaries, from the waters flowing into tributaries of Big Wind River; thence easterly and southeasterly along said divide between Wind River and tributaries, and the Grey Bull River and tributaries, until said divide intersects the eleventh (11th) standard parallel; thence east along the eleventh (11th) standard parallel to the point of beginning.
16. Platte county is that portion of the state of Wyoming within the following boundaries: beginning at the northeast corner of section six (6), township thirty (30) north, range seventy (70) west; thence south to the southeast corner of section thirty-one (31), township twenty-nine (29) north, range seventy (70) west; thence west along the township line to the northeast corner of section six (6), township twenty-eight (28) north, range seventy (70) west; thence south along section lines to the southeast corner of section thirty-one (31), township twenty-five (25) north, range seventy (70) west; thence east along the township line to the northeast corner of section six (6), township twenty-four (24) north, range seventy (70) west; thence south along section lines to the southeast corner of section thirty-one (31), township twenty-one (21) north, range seventy (70) west; thence west along the township line to the north one-quarter corner of section six (6), township twenty (20) north, range seventy (70) west; thence south through the centers of sections and through one-quarter corners to the south one-quarter corner of section thirty-one (31), township twenty (20) north, range seventy (70) west; thence east along the township line between townships twenty (20) and nineteen (19) north to the southeast corner of section thirty-three (33), township twenty (20) north, range sixty-five (65) west; thence north along the middle section line of range sixty-five (65) west to the northeast corner of section four (4), township thirty (30) north, range sixty-five (65) west; thence west along the township line to the place of beginning.
17. Sheridan county is that portion of the state of Wyoming within the following boundaries: beginning at the south one-quarter corner of section sixteen (16), township fifty-three (53) north, range seventy-six (76) west; thence north through the centers of sections and through one-quarter corners to the north one-quarter corner of section four (4), township fifty-six (56) north, range seventy-six (76) west; thence along the fourteenth (14th) standard parallel to the south one-quarter corner of section thirty-three (33), township fifty-seven (57) north, range seventy-six (76) west; thence north through the centers of sections and through one-quarter corners to the northern boundary of the state of Wyoming; thence west along the northern boundary of the state of Wyoming to its intersection with the divide between the tributaries of the Big Horn River and the streams flowing easterly from the Big Horn Mountains; thence southerly and southeasterly along said divide to its intersection with the line passing east and west through the southwest corner of section eighteen (18), township fifty-three (53) north, range eighty-seven (87) west; thence east along section lines to the west line of township fifty-three (53) north, range seventy-nine (79) west; thence north along the west line of township fifty-three (53) north, range seventy-nine (79) west to the southwest corner of section eighteen (18), township fifty-three (53) north, range seventy-nine (79) west; thence east along section lines through township fifty-three (53) north, range seventy-nine (79) west and township fifty-three (53) north, range seventy-eight (78) west to the southeast corner of section thirteen (13), township fifty-three (53) north, range seventy-eight (78) west; thence north two (2) degrees thirty (30´) minutes west along the west line of township fifty-three (53) north, range seventy-seven (77) west to the southwest corner of section eighteen (18), township fifty-three (53) north, range seventy-seven (77) west; thence east along section lines through township fifty-three (53) north, range seventy-seven (77) west to the east line of township fifty-three (53) north, range seventy-seven (77) west; thence south along the east line of township fifty-three (53) north, range seventy-seven (77) west to the southwest corner of section eighteen (18), township fifty-three (53) north, range seventy-six (76) west; thence east along the section lines to the point of beginning.
18. Sublette county is that portion of the state of Wyoming within the following boundaries: beginning at the southeast corner of section thirty-six (36), township twenty-seven (27) north, range one hundred three (103) west; thence north along the range line between ranges one hundred two (102) and one hundred three (103) west, to the northeast corner of section one (1), township twenty-eight (28) north, range one hundred three (103) west; thence along the line between townships twenty-eight (28) and twenty-nine (29) north, to the southeast corner of section thirty-six (36), township twenty-nine (29) north, range one hundred three (103) west; thence north along the range line between ranges one hundred two (102) and one hundred three (103) west, to the northeast corner of section one (1), township thirty-one (31) north, range one hundred three (103) west; thence west on the continuation of the township line between townships thirty-one and thirty-two (31 and 32) north, to the intersection of said range line with the divide between the Missouri River drainage and the Green River drainage; thence northwesterly along said divide to its intersection with the range line between ranges one hundred seven (107) and one hundred eight (108) west; thence north along said range line to the northeast corner of section one (1), township forty (40) north, range one hundred eight (108) west; thence west along the township line between townships forty (40) and forty-one (41) north, to the north one-quarter corner of section four (4), township forty (40) north, range one hundred ten (110) west; thence south through the one-quarter corners to the south one-quarter corner of section thirty-three (33), township forty (40) north, range one hundred ten (110) west; thence west along the township line between townships thirty-nine (39) and forty (40) north to the northwest corner of section six (6), township thirty-nine (39) north, range one hundred twelve (112) west; thence south along the range line between ranges one hundred twelve (112) and one hundred thirteen (113) west, to the southwest corner of section thirty-one (31), township thirty-nine (39) north, range one hundred twelve (112) west; thence west to the northwest corner of section six (6), township thirty-eight (38) north, range one hundred fourteen (114) west; thence south along the range line between ranges one hundred fourteen (114) and one hundred fifteen (115) west, to the southwest corner of section thirty-one (31), township thirty-seven (37) north, range one hundred fourteen (114) west; thence west along the section lines to the northwest corner of section four (4), township thirty-six (36) north, range one hundred fifteen (115) west; thence south along the section lines to the southwest corner of section thirty-three (33), township thirty-six (36) north, range one hundred fifteen (115) west; thence west along the section lines to the northwest corner of section four (4), township thirty-five (35) north, range one hundred fifteen (115) west; thence south along the section lines to the southwest corner of section thirty-three (33), township thirty-three (33) north, range one hundred fifteen (115) west; thence west along the line between townships thirty-three (33) and thirty-two (32) north to the southwest corner of section thirty-one (31), township thirty-three (33) north, range one hundred fifteen (115) west; thence due south to a point on the projection of the township line between townships thirty-one (31) and thirty-two (32) north; thence east along said projected township line to the northwest corner of section six (6), township thirty-one (31) north, range one hundred fifteen (115) west; thence south along the range line between ranges one hundred fifteen (115) and one hundred sixteen (116) west, to the southwest corner of section thirty-one (31), township twenty-nine (29) north, range one hundred fifteen (115) west; thence along the township lines between townships twenty-eight (28) and twenty-nine (29) north, to the northwest corner of section six (6), township twenty-eight (28) north, range one hundred fifteen (115) west; thence south along the range line between range one hundred fifteen (115) and one hundred sixteen (116) west, to the southwest corner of section thirty-one (31), township twenty-seven (27) north, range one hundred fifteen (115) west; thence east along the township line between townships twenty-six (26) and twenty-seven (27) north, to the point of beginning.
19. Sweetwater county is that portion of the state of Wyoming within the following boundaries: commencing at a point on the southern boundary of the state of Wyoming, where the range line between ranges ninety-three (93) and ninety-four (94) west, intersects said southern boundary; thence north along said range line to the third (3rd) standard parallel; thence along the third (3rd) standard parallel to the southwest corner of section thirty-one (31), township thirteen (13) north, range ninety-three (93) west; thence north along the range line between ranges ninety-three (93) and ninety-four (94) west to the fourth (4th) standard parallel; thence along the fourth (4th) standard parallel to the southwest corner of section thirty-one (31), township seventeen (17) north, range ninety-three (93) west; thence north along the range line between ranges ninety-three (93) and ninety-four (94) west to the northwest corner of section six (6), township nineteen (19) north, range ninety-three (93) west; thence east along the township line between townships nineteen (19) and twenty (20) north to the southeast corner of section thirty-four (34), township twenty (20) north, range ninety (90) west; thence north along section lines to the northeast corner of section three (3), township twenty (20) north, range ninety (90) west; thence along the fifth (5th) standard parallel to the southwest corner of section thirty-one (31), township twenty-one (21) north, range eighty-nine (89) west; thence north along the range line between ranges eighty-nine (89) and ninety (90) west to the northwest corner of section six (6), township twenty-four (24) north, range eighty-nine (89) west; thence along the sixth (6th) standard parallel to the southwest corner of section thirty-one (31), township twenty-five (25) north, range eighty-nine (89) west; thence north along the range line between ranges eighty-nine (89) and ninety (90) west to the northwest corner of section six (6), township twenty-six (26) north, ranges eighty-nine (89) west; thence west along the township line between townships twenty-six (26) and twenty-seven (27) north, to the northeast corner of section five (5), township twenty-six (26) north, range one hundred eleven (111) west; thence south along section lines to the southeast corner of section thirty-two (32) township twenty-five (25) north, range one hundred eleven (111) west; thence along the sixth (6th) standard parallel to the north quarter-section corner of section six (6), township twenty-four (24) north, range one hundred eleven (111) west; thence south through the centers of sections and through quarter-section corners to the south quarter-section corner of section thirty-one (31), township twenty-one (21) north, range one hundred eleven (111) west; thence along the fifth (5th) standard parallel to the north quarter-section corner of section three (3), township twenty (20) north, range one hundred twelve (112) west; thence south through the centers of sections and through quarter-section corners to the south quarter-section corner of section thirty-four (34), township seventeen (17) north, range one hundred twelve (112) west; thence along the fourth (4th) standard parallel to the north quarter-section corner of section four (4), resurvey township sixteen (16) north, range one hundred twelve (112) west; thence south through the centers of sections and through quarter-section corners to a point on the southern boundary of the state of Wyoming, said point being where the centerline of section twenty-eight (28), resurvey township twelve (12) north, range one hundred twelve (112) west intersects said southern boundary of the state of Wyoming; thence east along the southern boundary of the state of Wyoming, to the point of beginning.
20. Teton county is that portion of the state of Wyoming within the following boundaries: beginning at the point where 44 40´ parallel of north latitude intersects the Wyoming-Idaho boundary line, thence east along said parallel of latitude to the 110 40´ meridian of west longitude from Greenwich, thence south along said meridian to parallel 44 35´ of north latitude, thence east along said parallel to the middle of the main channel of the Yellowstone River, thence southerly following the centerline of the main channel of the Yellowstone River to the point where the Yellowstone River flows from the Yellowstone Lake; thence southerly following the east shoreline of Yellowstone Lake to the mouth of Yellowstone River; thence southeasterly following the centerline of the main channel of the Yellowstone River to intersect the southern boundary of Yellowstone National Park; thence east along the southern boundary of the Yellowstone National Park to a point where the continuation of the section line between sections 33 and 34, township 45 north, range 110 west, intersects said southern boundary; thence south along section lines to the southeast corner of section 33, township 45 north, range 110 west; thence along the 11th standard parallel to the northeast corner of section 4, township 44 north, range 110 west; thence south along section lines to the southeast corner of section 33, township 41 north, range 110 west; thence west along the township line between townships 40 and 41 north, to the north one-quarter corner of section 4, township 40 north, range 110 west; thence south through the one-quarter corners to the south one-quarter corner of section 33, township 40 north, range 110 west; thence west along the township line between townships 39 and 40 north to the southeast corner of section 36, township 40 north, range 113 west; thence south along the range line between ranges 112 and 113 to the southeast corner of section 36, township 39 north, range 113 west; thence west along the township line between townships 38 and 39 north, to the southeast corner of section 36, township 39 north, range 115 west; thence south along the range line between ranges 114 and 115 to the southeast corner of section 24, township 38 north, range 115 west; thence west along the section lines to the southwest corner of section 19, township 38 north, range 116 west; thence north along the section line to the southeast corner of section 25, township 39 north, range 117 west; thence west along the section lines to the southwest corner of section 30, township 39 north, range 117 west; thence north along the township line to the southeast corner of section 36, township 39 north, range 118 west; thence west along the township line between townships thirty-eight (38) and thirty-nine (39) north to an intersection with the Wyoming-Idaho boundary line; thence north along said boundary line to the point of beginning.
21. Uinta county is that portion of the state of Wyoming within the following boundaries: commencing at a point on the southern boundary of the state of Wyoming at a point where the centerline of section twenty-eight (28), resurvey township twelve (12) north, range one hundred twelve (112) west, intersects said boundary of the state of Wyoming; thence north through the centers of sections and through quarter-section corners to the north quarter-section corner of section four (4), resurvey township sixteen (16) north, range one hundred twelve (112) west; thence along the fourth (4th) standard parallel to the south quarter-section corner of section thirty-four (34), township seventeen (17) north, range one hundred twelve (112) west; thence north through the centers of sections and through quarter-section corners to the north quarter-section corner of section three (3), township eighteen (18) north, range one hundred twelve (112) west; thence west along the township line between townships eighteen (18) and nineteen (19) north, to the point where the said township line intersects the western boundary line of the state of Wyoming; thence south along said western boundary of the state of Wyoming to the southwest corner of the state of Wyoming; thence east along the southern boundary of the state of Wyoming to the point of beginning.
22. Washakie county is that portion of the state of Wyoming within the following boundaries: commencing at the northeast corner of section twenty-five (25), township forty-one (41), north range eighty-six (86) west; thence north on the range line between ranges eighty-five (85) and eighty-six (86) west, to the northeast corner of section one (1), township forty-four (44), north range eighty-six (86) west; thence along the eleventh standard parallel to the southeast corner of section thirty-six (36), township forty-five (45), north of range eighty-six (86) west; thence north along the range line between ranges eighty-five (85) and eighty-six (86) west to the northeast corner of section one (1), township forty-eight (48), north range eighty-six (86) west; thence west along the twelfth standard parallel to the northwest corner of section six (6), township forty-eight (48), north range ninety-seven (97) west; thence south along the range lines between ranges ninety-seven (97) and ninety-eight (98) west to the southwest corner of section thirty-one (31), township forty-eight (48), north range ninety-seven (97) west; thence east along the township line between townships forty-seven (47) and forty-eight (48) north, to the northeast corner of section four (4), township forty-seven (47), north range ninety-seven (97) west; thence south along section lines to the southwest corner of section thirty-four (34), township forty-seven (47), north range ninety-seven (97) west; thence east along the township line between townships forty-six (46) and forty-seven (47) north to the northwest corner of section six (6), township forty-six (46) north, range ninety-six (96) west; thence south along the range line between ranges ninety-six (96) and ninety-seven (97) west to the southwest corner section thirty-one (31), township forty-six (46), north range ninety-six (96) west; thence east along the township line between townships forty-five (45) and forty-six (46) north, to the northwest corner of section six (6), township forty-five (45), north range ninety-five (95) west; thence south along the range line between ranges ninety-five (95) and ninety-six (96) west, to the southwest corner of section nineteen (19), township forty-five (45), north range ninety-five (95) west; thence east along the section lines to the intersection of said line with the center line of the main channel of the Big Horn River; thence southerly along the center line of the main channel of the Big Horn River to the township line between townships forty-four (44) and forty-five (45); thence east along said township line between townships forty-four (44) and forty-five (45) north, to the northwest corner of section six (6), township forty-four (44), north range ninety-two (92) west; thence south along the range line between ranges ninety-two (92) and ninety-three (93) west, to the southwest corner of section thirty-one (31), township forty-four (44), north range ninety-two (92) west; thence east along the township line between townships forty-three (43) and forty-four (44) north, to the northwest corner of section six (6), township forty-three (43), north range ninety (90) west; thence south along the range line between ranges ninety (90) and ninety-one (91) west, to the southwest corner of section thirty-one (31), township forty-three (43), north range ninety (90) west; thence east along the township line between townships forty-two (42) and forty-three (43), north to the northwest corner of section six (6), township forty-two (42), north range eighty-nine (89) west; thence south along the range line between ranges eighty-nine (89) and ninety (90) west, to the southwest corner of section nineteen (19), township forty-one (41), north range eighty-nine (89) west; thence east along section lines to the point of beginning.
23. Weston county is that portion of the state of Wyoming within the following boundaries: commencing at a point on the eastern boundary of the state of Wyoming where the same is intersected by a line projected east from the west one-quarter corner of section thirty (30), township forty-one (41) north, range sixty (60) west; thence north along said eastern boundary of the state of Wyoming, to the point on said boundary where the same is intersected by the township line between townships forty-eight (48) and forty-nine (49) north; thence west along said township line to the northwest corner of section six (6), township forty-eight (48) north, range sixty-eight (68) west; thence south along the range line between ranges sixty-eight (68) and sixty-nine (69) west to the southwest corner of section thirty-one (31), township forty-five (45) north, range sixty-eight (68) west; thence along the eleventh (11th) standard parallel to the northwest corner of section six (6), township forty-four (44) north, range sixty-eight (68) west; thence south along the range line between ranges sixty-eight (68) and sixty-nine (69) west to the west one-quarter corner of section thirty (30), township forty-one (41) north, range sixty-eight (68) west; thence east through centers of sections and through one-quarter corners to the point of beginning.

History. Laws 1911, ch. 7, § 1; ch. 8, § 1; ch. 9, § 1; ch. 10, § 1; ch. 14, § 1; ch. 20, § 1; ch. 67, § 1; ch. 77, §§ 1 to 14; C.S. 1920, §§ 1249 to 1269; Laws 1921, ch. 52, § 1; ch. 53, § 1; 1923, ch. 21, § 1; 1929, ch. 18, § 1; ch. 22, § 1; ch. 42, § 1; 1931, ch. 96, § 1; ch. 124, § 1; R.S. 1931, §§ 29-102 to 29-124; C.S. 1945, §§ 26-102 to 26-124; Laws 1950, Sp. Sess., ch. 8, § 1; 1951, ch. 61, §§ 1, 2; 1953, ch. 137, §§ 1, 2; 1954, ch. 74, § 1; 1955, ch. 74, § 2; W.S. 1957, §§ 18-2 to 18-6, 18-8 to 18-25; Laws 1961, ch. 38, § 1; ch. 43, § 1; 1963, ch. 106, §§ 1, 2; 1965, ch. 149, §§ 1, 2; 1977, ch. 124, § 1.

Editor's notes. —

Chapter 77, Laws 1911, redescribed the boundaries of Albany, Big Horn, Carbon, Converse, Crook, Fremont, Johnson, Laramie, Natrona, Park, Sheridan, Sweetwater, Uinta and Weston counties.

Prior laws defining boundaries of Albany county were § 1, ch. 27, C.L. 1876; § 1, ch. 5, Laws 1886; § 657, R.S. 1887; § 981, R.S. 1899; § 1023, C.S. 1910.

The prior laws defining the boundaries of Big Horn county were § 1, ch. 48, Laws 1890; § 982, R.S. 1899; § 1024, C.S. 1910.

Prior laws fixing boundaries of Carbon county were §§ 1, 2, ch. 27, C.L. 1876; § 1, ch. 19, Laws 1879; §§ 1, 5, ch. 5, Laws 1886; § 659, R.S. 1887; § 983, R.S. 1899; § 1, ch. 129, Laws 1909; § 1024, C.S. 1910.

Prior laws defining boundaries of Converse county were § 60, ch. 90, Laws 1888; § 984, R.S. 1899; § 1026, C.S. 1910.

Prior laws fixing boundaries of Crook county were § 1, ch. 27, C.L. 1876; § 661, R.S. 1887; § 985, R.S. 1899; § 1027, C.S. 1910.

Prior laws defining boundaries of Fremont county were § 1, ch. 46, Laws 1884; § 663, R.S. 1887; § 986, R.S. 1899; § 2, ch. 129, Laws 1909; § 1028, C.S. 1910.

Prior laws defining boundaries of Johnson county were § 2, ch. 27, C.L. 1876; § 1, ch. 31, Laws 1879; § 664, R.S. 1887; § 987, R.S. 1899; § 1029, C.S. 1910.

Prior laws defining boundaries of Laramie county were § 1, ch. 105, Laws 1886; § 665, R.S. 1887; § 988, R.S. 1899; § 1030, C.S. 1910.

Prior laws defining boundaries of Natrona county were § 61, ch. 90, Laws 1888; § 989, R.S. 1899; § 3, ch. 129, Laws 1909; § 1035, C.S. 1910.

Prior laws defining boundaries of Park county were § 1, ch. 19, Laws 1909; § 1031, C.S. 1910.

Prior laws defining boundaries of Sheridan county were § 62, ch. 90, Laws 1888; § 990, R.S. 1899; § 1036, C.S. 1910.

Prior laws defining boundaries of Sweetwater county were § 1, ch. 27, C.L. 1876; § 1, ch. 46, Laws 1884; § 5, ch. 5, Laws 1886; § 667, R.S. 1887; § 991, R.S. 1899; § 4, ch. 129, Laws 1909; § 1037, C.S. 1910.

Prior laws defining boundaries of Uinta county were § 1, ch. 27, C.L. 1876; § 669, R.S. 1887; § 992, R.S. 1899; § 1038, C.S. 1910.

Prior laws defining boundaries of Weston county were § 1, ch. 47, Laws 1890; § 993, R.S. 1899; § 1039, C.S. 1910.

Section 4, ch. 74, Laws 1955, amending § 4, ch. 137, Laws 1953, provides as follows:

“The changes as hereinabove made of the boundaries of Albany and Converse counties shall not become effective and such boundaries be so established until a majority of the qualified electors of the territory proposed to be cut off from Albany county voting on the proposition shall vote in favor of such change.

“An election for such purpose shall be held at a time, not later than August 1, 1955, to be fixed by resolution of the board of county commissioners of Albany county and shall be held and conducted in the same manner as is provided for the conduct of other special elections, and the board of county commissioners shall certify the results to the secretary of state and to the board of county commissioners of Converse county.”

At a special election held on July 12, 1955, a majority of the qualified voters voted in favor of the change.

There is no subsection (i) or (l) in this section as it appears in the printed acts.

Repealing clauses. —

Section 6, ch. 7, Laws 1911, repealed all laws and parts of laws in conflict therewith.

Section 5, ch. 20, Laws 1911, repealed all laws and parts of laws in conflict therewith.

Section 2, ch. 18, Laws 1929, repealed all laws and parts of laws in conflict therewith.

Section 2, ch. 124, Laws 1931, repealed all laws and parts of laws in conflict therewith.

Assessment in disputed territory. —

Where territory is claimed by two counties, taxpayer's application by bill of complaint to court of chancery for order requiring parties interested to interplead and for perpetual injunction against those in error is proper course. Union Pac. R.R. v. Carr, 1 Wyo. 96, 1872 Wyo. LEXIS 20 (Wyo. 1872).

Contribution toward indebtedness. —

Where Wyoming legislature organized two new counties including within their limits parts of an existing county, old county had no claim upon new counties for contribution on its outstanding indebtedness in absence of provision for an apportionment. Commissioners of Laramie County v. Commissioners of Albany County, 92 U.S. 307, 23 L. Ed. 552, 1875 U.S. LEXIS 1759 (U.S. 1876).

Sufficiency of name. —

The name used in this section is sufficient to create the corporate name of Sweetwater county. Board Comm'rs Sweetwater County v. Young, 3 Wyo. 684, 29 P. 1002, 1892 Wyo. LEXIS 14 (Wyo. 1892).

Population requirement. —

Since Big Horn county was not organized before adoption of the state constitution, proceedings for its organization could not be taken until it had a population of 1,500. Board of Comm'rs v. Perkins, 5 Wyo. 166, 38 P. 915, 1895 Wyo. LEXIS 11 (Wyo. 1895).

In general. —

When Campbell county was carved out of Crook and Weston counties it was provided that, until it should have organized and elected county officers, all portions of Campbell county should belong to and be a part of Crook and Weston counties for revenue and other purposes, that portion of Campbell county lying within Crook county must, until the board of supervisors was duly elected and qualified, be considered as a part of Crook county in determining the status of that county, according to the assessed valuation of the property therein. Board of Comm'rs v. Mulholland, 22 Wyo. 130, 136 P. 112, 1913 Wyo. LEXIS 41 (Wyo. 1913).

Status. —

Campbell county remained a part of the counties from which it was created until the organization was perfected and the supervisors were elected and qualified. Board of Comm'rs v. Mulholland, 22 Wyo. 130, 136 P. 112, 1913 Wyo. LEXIS 41 (Wyo. 1913).

Constitutionality of 1921 act. —

Chapter 53, Laws 1921, insofar as it undertook to form Teton county, it was constitutional, using the word “form” in the sense employed by the constitution. Budge v. Board of Comm'rs, 29 Wyo. 35, 208 P. 874, 1922 Wyo. LEXIS 6 (Wyo. 1922).

The organization of Teton county without regard to provisions of § 18-1-303 as to population and assessed valuation of property, having been validated by curative act and recognized by other enactments, was not invalid. State ex rel. Budge v. Snyder, 31 Wyo. 333, 225 P. 1102, 1924 Wyo. LEXIS 28 (Wyo. 1924).

Curative statute. —

Curative statute legalizing defective organization of Teton county, was not invalid as special act organizing county or regulating its affairs or interfering with uniform operation of general laws. State ex rel. Budge v. Snyder, 30 Wyo. 287, 219 P. 735, 1923 Wyo. LEXIS 45 (Wyo. 1923).

Courts powerless to correct inaccurate description of countyset forth in statute. —

Where there was a failure to describe accurately in this section the boundaries of Converse county so as to leave part thereof not properly closed and a portion of the county not united with any portion of the state, the supreme court held that it was beyond the power of the courts to correct and remedy the situation and that the matter should be resubmitted to the incoming legislature so that proper boundaries could be established in accord with the certain and definite intentions of the lawmaking body. State ex rel. Fawcett v. Board of County Comm'rs, 73 Wyo. 69, 273 P.2d 188, 1954 Wyo. LEXIS 13 (Wyo. 1954).

Applied in

State ex rel. Fawcett v. Board of County Comm'rs, 73 Wyo. 69, 273 P.2d 188, 1954 Wyo. LEXIS 13 (1954).

Cited in

Baldwin v. Nickerson, 3 Wyo. 208, 19 P. 439, 1888 Wyo. LEXIS 8 (1888); Torrey v. Baldwin, 3 Wyo. 430, 26 P. 908, 1891 Wyo. LEXIS 2 (1891); In re Fremont County, 8 Wyo. 1, 54 P. 1073, 1898 Wyo. LEXIS 21 (1898); State ex rel. Sullivan v. Schnitger, 16 Wyo. 479, 95 P. 698, 1908 Wyo. LEXIS 35 (1908); Board of County Comm'rs v. Board of County Comm'rs, 17 Wyo. 424, 100 P. 659, 1909 Wyo. LEXIS 10 (1909); Board of Comm'rs v. Woods, 18 Wyo. 316, 106 P. 923, 1910 Wyo. LEXIS 7 (1910); Dillman v. State ex rel. Merrill, 20 Wyo. 404, 125 P. 367, 1912 Wyo. LEXIS 46 (1912); Board of Comm'rs v. Mulholland, 22 Wyo. 130, 136 P. 112, 1913 Wyo. LEXIS 41 (1913).

§ 18-1-102. Range line explanation.

The range lines between ranges eighty-nine (89) and ninety (90), west of the sixth principal meridian referred to in W.S. 18-1-101(d), (g), (o) and (u) relate to the public surveys and embrace such offsets and correction lines east or west as such surveys have established.

History. Laws 1909, ch. 129, § 5; C.S. 1910, § 1040; C.S. 1920, § 1270; R.S. 1931, § 29-125; C.S. 1945, § 26-125; W.S. 1957, § 18-26; Laws 1977, ch. 124, § 1.

Law reviews. —

See comment, “Settlement of County Boundary Disputes,” V Land & Water L. Rev. 467 (1970).

§ 18-1-201. County seats enumerated.

1. The county seats in the state of Wyoming are as follows:
   1. Albany county, at Laramie;
   2. Big Horn county, at Basin;
   3. Campbell county, at Gillette;
   4. Carbon county, at Rawlins;
   5. Converse county, at Douglas;
   6. Crook county, at Sundance;
   7. Fremont county, at Lander;
   8. Goshen county, at Torrington;
   9. Hot Springs county, at Thermopolis;
   10. Johnson county, at Buffalo;
   11. Laramie county, at Cheyenne;
   12. Lincoln county, at Kemmerer;
   13. Natrona county, at Casper;
   14. Niobrara county, at Lusk;
   15. Park county, at Cody;
   16. Platte county, at Wheatland;
   17. Sheridan county, at Sheridan;
   18. Sublette county, at Pinedale;
   19. Sweetwater county, at Green River;
   20. Teton county, at Jackson;
   21. Uinta county, at Evanston;
   22. Washakie county, at Worland;
   23. Weston county, at Newcastle.

History. C.L. 1876, ch. 27, §§ 2, 3; ch. 107, § 1; Laws 1884, ch. 46, § 1; R.S. 1887, §§ 658, 660, 663, 666, 668; 1899, § 980; C.S. 1910, § 1022; C.S. 1920, § 1248; Laws 1931, ch. 73, § 14; R.S. 1931, § 29-101; C.S. 1945, § 26-101; W.S. 1957, § 18-1; Laws 1977, ch. 124, § 1.

Cross references. —

For constitutional provision as to changing county seats, see art. 12, § 3, Wyo. Const.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 18-1-301. Organization of new counties.

New counties may be organized as provided by W.S. 18-1-302 through 18-1-320 .

History. Laws 1895, ch. 59, § 1; R.S. 1899, § 1002; C.S. 1910, § 1049; C.S. 1920, § 1279; R.S. 1931, § 29-201; C.S. 1945, § 26-201; W.S. 1957, § 18-27; Laws 1977, ch. 124, § 1.

Population requirement. —

Big Horn county not being organized before adoption of the constitution, it was necessary to meet the statutory requirement as to population before organizing. Board of Comm'rs v. Perkins, 5 Wyo. 166, 38 P. 915, 1895 Wyo. LEXIS 11 (Wyo. 1895).

Commissioners' powers and duties. —

Commissioners and their clerks appointed to organize a county, and perform all the duties preparatory to, respecting, or incident to election of the first county officers, though public officers, and required to take the oaths of commissioners and clerk, do not hold such offices, and are not entitled to the compensation provided for county officers but have authority to purchase election supplies at the expense of the county. Taylor v. Board of Comm'rs, 11 Wyo. 106, 70 P. 835, 1902 Wyo. LEXIS 28 (Wyo. 1902).

Constitutional. —

This article is in the nature of an enabling act and, though inappropriate as to the organization of a new county for failing to provide, as required by art. 12, § 2, Wyo. Const., for the submission of the question to the electors, is not repugnant to the constitution, but is constitutional as far as it goes. Board of Comm'rs v. Woods, 18 Wyo. 316, 106 P. 923, 1910 Wyo. LEXIS 7 (Wyo.), reh'g denied, 18 Wyo. 316, 107 P. 753, 1910 Wyo. LEXIS 8 (Wyo. 1910).

Application of general laws before organization. —

The provision of Laws 1911 creating the county of Platte (§ 18-1-101 ) and similar acts creating other new counties, to the effect that until the new county shall have selected officers as provided by law, and the same shall have duly qualified as such, all such portions of said county, as at the time of the passage of the act constituted a part of another county for judicial, revenue and elective purposes, shall be attached to said parent county, except as otherwise in the act provided, did not prevent the operation of the general law for organizing new counties as to the duties imposed thereby upon the organization commissioners and their clerk, with reference to conducting the next general election after the appointment of said commissioners. The effect of said provision in the act creating the new county was merely to continue the new county as a part of the original county or counties until its organization for election purposes, as to such elections only conducted by the old county that would necessarily be participated in by the electors within the territory of the new county if no provision had been made for the creation of such new county, and, hence, the provisions of the general law for the organization of new counties applies to any election pertaining to the pending or proposed organization of the new county, occurring after the appointment of the commissioners to organize the same. Dillman v. State, 20 Wyo. 404, 125 P. 367, 1912 Wyo. LEXIS 46 (Wyo. 1912).

Commissioners to act until county organized. —

The powers and duties imposed upon commissioners appointed to organize an unorganized county, with reference to the holding of elections in such county, by the general law for organizing new counties, do not cease until the county is organized, where a special election has been held in the territory proposed to be cut off on the question of division and the vote has been in favor of division. Dillman v. State, 20 Wyo. 404, 125 P. 367, 1912 Wyo. LEXIS 46 (Wyo. 1912).

Valid legislative power. —

Sections 18-1-301 to 18-1-303 are a valid exercise of legislative power to provide by general law for the organization of new counties, under art. 12, § 2, Wyo. Const.Budge v. Board of Comm'rs, 29 Wyo. 35, 208 P. 874, 1922 Wyo. LEXIS 6 (Wyo. 1922).

Legislative, administrative functions. —

The formation of a county is a legislative function, and may be done by special act; but the organization of a county is an administrative function effected with the consent of the people of the formed county by administrative or executive officers acting under a general law. State ex rel. Budge v. Snyder, 30 Wyo. 287, 219 P. 735, 1923 Wyo. LEXIS 45 (Wyo. 1923).

Am. Jur. 2d, ALR and C.J.S. references. —

56 Am. Jur. 2d Municipal Corporations, Counties, etc. §§ 28 to 49.

20 C.J.S. Counties § 5.

§ 18-1-302. Petition for organization.

Whenever at least three hundred (300) qualified electors who are property owners desire to organize a new county for the purpose of establishing a county government, they may petition the governor to appoint three (3) electors residing within the boundaries of the proposed new county to act as commissioners in organizing the new county. Attached to the petition shall be affidavits of at least two (2) qualified electors residing within the boundaries of the proposed new county stating that the petitioners are qualified electors and property owners residing within the boundaries of the proposed new county and that the requirements of W.S. 18-1-303(a) and (b) have been met.

History. Laws 1895, ch. 59, § 2; R.S. 1899, § 1003; C.S. 1910, § 1050; C.S. 1920, § 1280; R.S. 1931, § 29-202; C.S. 1945, § 26-202; W.S. 1957, § 18-28; Laws 1977, ch. 124, § 1.

Specific counties. —

When Campbell county was carved out of Crook and Weston counties it was provided that, until it should have organized and elected county officers, all portions of Campbell county should belong to and be a part of Crook and Weston counties for revenue and other purposes, that portion of Campbell county lying within Crook county must, until the board of supervisors was duly elected and qualified, be considered as a part of Crook county in determining the status of that county, according to the assessed valuation of the property therein. Board of Comm'rs v. Mulholland, 22 Wyo. 130, 136 P. 112, 1913 Wyo. LEXIS 41 (Wyo. 1913).

Curative statute. —

Curative statute legalizing defective organization of Teton county was not invalid as special act organizing county or regulating its affairs or interfering with uniform operation of general laws. State ex rel. Budge v. Snyder, 30 Wyo. 287, 219 P. 735, 1923 Wyo. LEXIS 45 (Wyo. 1923).

Cited in

Taylor v. Board of Comm'rs, 11 Wyo. 106, 70 P. 835, 1902 Wyo. LEXIS 28 (1902); Dillman v. State ex rel. Merrill, 20 Wyo. 404, 125 P. 367, 1912 Wyo. LEXIS 46 (1912); Budge v. Board of Comm'rs, 29 Wyo. 35, 208 P. 874, 1922 Wyo. LEXIS 6 (1922).

§ 18-1-303. Assessed valuation and population requirements of proposed and residual counties.

1. No new county shall be organized unless it:
   1. Contains a population of at least three thousand (3,000) persons; and
   2. Contains taxable property of at least seven million dollars ($7,000,000.00) as shown in the last assessment.
2. In addition to the requirements of subsection (a) of this section the county or counties from which the proposed new county is to be formed shall each contain, after the new county is organized:
   1. A population of at least five thousand (5,000) persons; and
   2. Taxable property of at least nine million dollars ($9,000,000.00) as shown in the last assessment.
3. The governor may require further evidence of population and assessed value of the proposed new county and the county or counties from which the proposed new county is to be formed.

History. Laws 1895, ch. 59, § 3; 1895, ch. 81, § 1; R.S. 1899, § 1004; C.S. 1910, § 1051; Laws 1917, ch. 58, § 1; C.S. 1920, § 1281; Laws 1929, ch. 69, § 1; R.S. 1931, § 29-203; C.S. 1945, § 26-203; W.S. 1957, § 18-29; Laws 1977, ch. 124, § 1.

Curative statute. —

Organization of Teton county without regard to provisions of this section as to population and assessed valuation of property, having been validated by curative act and recognized by other enactments, was not invalid. State ex rel. Budge v. Snyder, 31 Wyo. 333, 225 P. 1102, 1924 Wyo. LEXIS 28 (Wyo. 1924).

§ 18-1-304. Appointment of commissioners.

After the governor has received the petition specified in W.S. 18-1-302 and is satisfied the requirements provided for in W.S. 18-1-303 have been met he shall appoint the persons named in the petition as commissioners to organize the county and shall notify them of their appointment. If any of the commissioners die, resign or refuse to act the governor may appoint another.

History. Laws 1895, ch. 59, § 4; R.S. 1899, § 1005; C.S. 1910, § 1052; Laws 1917, ch. 58, § 2; C.S. 1920, § 1282; Laws 1929, ch. 69, § 2; R.S. 1931, § 29-204; C.S. 1945, § 26-204; W.S. 1957, § 18-30; Laws 1977, ch. 124, § 1.

§ 18-1-305. Meeting of commissioners; oath.

The commissioners shall as soon as practicable after receiving notice of their appointment meet at a suitable place within the proposed new county and each commissioner shall take and subscribe before any officer authorized to administer oaths an oath that he will faithfully and impartially discharge the duties of his office as prescribed by law and also the oath required of county commissioners.

History. Laws 1895, ch. 59, § 5; R.S. 1899, § 1006; C.S. 1910, § 1053; C.S. 1920, § 1283; R.S. 1931, § 29-205; C.S. 1945, § 26-205; W.S. 1957, § 18-31; Laws 1977, ch. 124, § 1.

Cross references. —

As to oath of office generally, see art. 6, § 20, Wyo. Const.

As to officers authorized to administer oaths, see § 1-2-102 .

§ 18-1-306. Commissioners to appoint clerk; oath of clerk; calling election.

1. The appointed commissioners shall:
   1. Appoint a clerk who shall take an oath that he will faithfully and impartially discharge the duties of his office as prescribed by law and shall also take the oath required of a county clerk;
   2. Designate a place for the transaction of their official duties;
   3. Call for an election for the purpose of having the qualified electors of the proposed new county decide:
      1. If the proposed new county should be organized; and
      2. The location of the county seat of the proposed new county.
2. The election may be held on an election date authorized under W.S. 22-21-103 or another date specified by the appointed commissioners.

History. Laws 1895, ch. 59, § 5; R.S. 1899, § 1007; Laws 1909, ch. 75, § 1; C.S. 1910, § 1054; C.S. 1920, § 1284; R.S. 1931, § 29-206; C.S. 1945, § 26-206; W.S. 1957, § 18-32; Laws 1977, ch. 124, § 1; 1996, ch. 97, § 2.

Cross references. —

As to elections generally, see title 22.

Duties of commissioners. —

It is the duty of the commissioners appointed to organize a county and their clerk to perform all the duties imposed by law upon county commissioners and county clerks, respectively, preparatory to, respecting, or incident to the next general election occurring after the appointment of said commissioners, where a special election has been called and held prior to said general election for the purpose of submitting to the qualified electors of the proposed new county the question of division, and the vote has been in favor of division. Dillman v. State, 20 Wyo. 404, 125 P. 367, 1912 Wyo. LEXIS 46 (Wyo. 1912).

§ 18-1-307. Expenses of special election borne by new county; salary of clerk and commissioners.

The expenses for the special election provided by W.S. 18-1-306(a)(iii) shall be borne by the proposed new county and the county commissioners of the county or counties from which the new county is to be formed may impose a special levy upon the taxable property within the boundaries of the proposed new county to pay for the expenses of the election and to pay the salaries of the appointed commissioners and clerk. The appointed commissioners and clerk in the proposed new county shall each receive a salary of fifty dollars ($50.00).

History. Laws 1909, ch. 75, § 2; C.S. 1910, § 1055; C.S. 1920, § 1285; R.S. 1931, § 29-207; C.S. 1945, § 26-207; W.S. 1957, § 18-33; Laws 1977, ch. 124, § 1.

§ 18-1-308. Election of officers.

If a majority of the qualified electors residing in the proposed new county vote for the organization, the new county is organized. At the next general election, or if the special election is held in conjunction with a general election, the qualified electors residing in the proposed new county shall vote for county and precinct officers as provided by law.

History. Laws 1895, ch. 59, § 6; R.S. 1899, § 1008; Laws 1909, ch. 75, § 3; C.S. 1910, § 1056; C.S. 1920, § 1286; R.S. 1931, § 29-208; C.S. 1945, § 26-208; W.S. 1957, § 18-34; Laws 1977, ch. 124, § 1.

Completion of organization. —

A county will not be fully organized until its officers, at least its county commissioners, are elected. Dillman v. State, 20 Wyo. 404, 125 P. 367, 1912 Wyo. LEXIS 46 (Wyo. 1912).

§ 18-1-309. Duties of commissioners and clerk.

The appointed commissioners and clerk shall perform the duties incident to such election as are imposed by law upon county commissioners and county clerks in organized counties except that the returns shall be canvassed and the result declared by the appointed commissioners.

History. Laws 1895, ch. 59, § 7; R.S. 1899, § 1009; C.S. 1910, § 1057; C.S. 1920, § 1287; R.S. 1931, § 29-209; C.S. 1945, § 26-209; W.S. 1957, § 18-35; Laws 1977, ch. 124, § 1.

Cross references. —

For general powers of board of county commissioners, see § 18-3-504 .

For general duties of county clerks, see § 18-3-402 .

As to elections generally and as to duties of officers with reference thereto, see title 22.

§ 18-1-310. When officers to qualify; when county organized.

On the first Monday of January following the election or as soon thereafter as possible, the county and precinct officers elected in the new county shall qualify and enter upon their respective duties. When at least two (2) county commissioners elected have qualified and entered upon their duties the county is organized and is vested with all the powers of an organized county.

History. Laws 1895, ch. 59, § 8; R.S. 1899, § 1010; C.S. 1910, § 1058; C.S. 1920, § 1288; R.S. 1931, § 29-210; C.S. 1945, § 26-210; W.S. 1957, § 18-36; Laws 1977, ch. 124, § 1.

§ 18-1-311. Approval of bonds of commissioners.

The commissioners appointed by the governor shall approve the bonds of the first county commissioners elected.

History. Laws 1895, ch. 59, § 9; R.S. 1899, § 1011; C.S. 1920, § 1289; R.S. 1931, § 29-211; C.S. 1945, § 26-211; W.S. 1957, § 18-37; Laws 1977, ch. 124, § 1.

Repealing clauses. —

Section 11, ch. 59, Laws 1895, reads: “Sections two and three of an act, entitled, ‘An act to provide for the creation of Big Horn county, in Wyoming Territory, and to amend and re-enact sections forty-eight (48) and forty-nine (49) of chapter ninety (90), of the Session Laws of Wyoming Territory, of eighteen hundred and eighty-eight (1888) and for other purposes,’ approved March 12, 1890; and sections forty-seven (47) to and including section fifty-eight (58), of an act entitled ‘An act making divers appropriations and for other purpose,’ passed by the tenth legislative assembly of the Territory of Wyoming, notwithstanding the objections of the governor, are hereby repealed.” Approved February 16, 1895.

§ 18-1-312. Payment of expenses in organization of new county.

Expenses incurred in the organization of the new county and expenses incurred on behalf of the new county before the elected county commissioners assume office shall be audited and paid by the board of commissioners of the new county in the same manner as expenses incurred after organization.

History. Laws 1911, ch. 39, § 1; C.S. 1920, § 1291; R.S. 1931, § 29-213; C.S. 1945, § 26-213; W.S. 1957, § 18-39; Laws 1977, ch. 124, § 1.

§ 18-1-313. Assessment of property in new counties.

If a new county is organized after the first Monday in January and before the following fourth Monday in May, the deputy county assessors appointed in the original county or counties for districts included in the new county shall be ex officio deputy assessors for the new county and, with the county assessor of the new county, shall assess and return the value of the taxable property to the new county. The department of revenue shall assess all property within the new county authorized by law to be assessed by the department, and shall return and certify the same to the new county.

History. Laws 1911, ch. 81, § 1; C.S. 1920, § 1292; R.S. 1931, § 29-214; C.S. 1945, § 26-214; W.S. 1957, § 18-40; Laws 1977, ch. 124, § 1; 1991, ch. 174, § 2.

§ 18-1-314. Taxes for new counties.

If a new county is organized after the fourth Monday in May and before the following first Monday in January the taxes levied and collected from property within the new county for that year shall be paid by the county treasurer of the original county to the county treasurer of the new county.

History. Laws 1911, ch. 81, § 2; C.S. 1920, § 1293; R.S. 1931, § 29-215; C.S. 1945, § 26-215; W.S. 1957, § 18-41; Laws 1977, ch. 124, § 1.

§ 18-1-315. Indebtedness to be apportioned upon division of county.

Any newly organized county is liable for the payment of an equitable proportion of the indebtedness existing at the time of organization of any counties from which the newly organized county is formed.

History. Laws 1877, p. 54, § 1; R.S. 1887, § 678; R.S. 1899, § 1013; C.S. 1910, § 1061; C.S. 1920, § 1294; R.S. 1931, § 29-601; C.S. 1945, § 26-216; W.S. 1957, § 18-42; Laws 1977, ch. 124, § 1.

In general. —

Taxes due from the parent county to the state are debts; assets include delinquent taxes levied for state purposes. In re Fremont County, 8 Wyo. 1, 54 P. 1073, 1898 Wyo. LEXIS 21 (Wyo. 1898).

Adoption of constitution. —

Adoption of constitution did not by implication repeal this and other sections in this article. In re Fremont County, 8 Wyo. 1, 54 P. 1073, 1898 Wyo. LEXIS 21 (Wyo. 1898).

Claims against original county. —

Claims which existed as valid debts of the original county on the date of the organization of the new county, although not reduced to judgment until after that date, were properly included as part of the indebtedness of the original county for apportionment. Board of Comm'rs v. Board of Comm'rs, 25 Wyo. 172, 166 P. 674, 1917 Wyo. LEXIS 18 (Wyo. 1917).

Delayed court order. —

In view of provision requiring commissioners of original county to state in their report the date when outstanding indebtedness became due, and that court upon finding amount to be charged the new county shall order its commissioners to issue warrants payable to the original county at a time not later than the time when the indebtedness shall become due, the action of the court in ordering a warrant payable to the new county at a time later than that when such indebtedness would become due is not prejudicial to the new county. Board of Comm'rs v. Board of Comm'rs, 25 Wyo. 172, 166 P. 674, 1917 Wyo. LEXIS 18 (Wyo. 1917).

Delinquent taxes. —

In apportioning debts and assets between a parent county and one formed out of it, delinquent taxes should be computed as assets at their value only, and not at the aggregate amount on the rolls. In re Fremont County, 8 Wyo. 1, 54 P. 1073, 1898 Wyo. LEXIS 21 (Wyo. 1898).

Where a new county is formed out of parts of other counties, delinquent general taxes due from persons and property therein continue enforceable by the parent county; hence, in apportioning the debts and assets between the old and the new counties, such taxes are to be treated as assets. In re Fremont County, 8 Wyo. 1, 54 P. 1073, 1898 Wyo. LEXIS 21 (Wyo. 1898).

Determination of amount. —

The report of the commissioners of the parent county as to assets and debts is not conclusive, but the court may determine their amount. In re Fremont County, 8 Wyo. 1, 54 P. 1073, 1898 Wyo. LEXIS 21 (Wyo. 1898).

Judgments. —

Judgments against the parent county must be considered as debts in making apportionment. In re Fremont County, 8 Wyo. 1, 54 P. 1073, 1898 Wyo. LEXIS 21 (Wyo. 1898).

Jurisdiction of courts. —

The jurisdiction of courts in apportionment proceedings being derived from the provisions of this article only, they have no power to determine the validity of the indebtedness to be apportioned. In re Fremont County, 8 Wyo. 1, 54 P. 1073, 1898 Wyo. LEXIS 21 (Wyo. 1898).

New county, commissioners' duties. —

The provisions of this article do not require the commissioners of a new county to issue warrants against any particular taxes, or against the tax of any particular year. In re Fremont County, 8 Wyo. 1, 54 P. 1073, 1898 Wyo. LEXIS 21 (Wyo. 1898).

Value of taxes due. —

Where court found value of taxes due to original county to be much in excess of that reported by the old county and estimated by witnesses, the finding will not be disturbed because the witnesses improperly based their estimated value upon the probable cost of collection. Board of Comm'rs v. Board of Comm'rs, 25 Wyo. 172, 166 P. 674, 1917 Wyo. LEXIS 18 (Wyo. 1917).

§ 18-1-316. Method of ascertaining indebtedness; rule of apportionment.

1. When any new county is organized the county commissioners of the counties from which the new county is formed shall:
   1. Determine the amount of county indebtedness existing at the time of the division;
   2. Determine the total assessed value of the property of both the original and newly organized counties.
2. The proportion of indebtedness for which the new county is liable shall be determined by dividing the assessed value of the new county by the assessed value of the original county before the division. The assessed value figures will be taken from the assessment made before the division.

History. Laws 1882, ch. 32, § 1; 1886, ch. 36, § 1; R.S. 1887, § 679; Laws 1888, ch. 7, § 1; R.S. 1899, § 1014; C.S. 1910, § 1062; C.S. 1920, § 1295; R.S. 1931, § 29-602; C.S. 1945, § 26-217; W.S. 1957, § 18-43; Laws 1977, ch. 124, § 1.

§ 18-1-317. Commissioners to report indebtedness to district court.

1. The county commissioners shall immediately report to the district court within which the new county is located:
   1. The amount, type, interest rate and date payable of the indebtedness of each county from which the new county is formed;
   2. The assessed value of the property of both the new and original counties;
   3. The kind, value and location of all public property of the original county;
   4. All monies and credits of the original county.
2. The report shall be verified by the affidavit of the chairman of the respective boards of county commissioners, and shall be accompanied with proof of the organization and description of the new county’s boundaries.
3. If the new county has no district court, the report specified in subsection (a) of this section shall be filed in a district court adjoining the new county.

History. Laws 1882, ch. 32, § 2; R.S. 1887, § 680; R.S. 1899, § 1015; C.S. 1910, § 1063; C.S. 1920, § 1296; R.S. 1931, § 29-603; C.S. 1945, § 26-218; W.S. 1957, § 18-44; Laws 1977, ch. 124, § 1.

Construction. —

“Immediately” as used in this section means “as soon as practicable.” Board of Comm'rs v. Board of Comm'rs, 25 Wyo. 172, 166 P. 674, 1917 Wyo. LEXIS 18 (Wyo. 1917).

§ 18-1-318. Notice of hearing on report.

1. The court to which the report is made shall immediately notify the chairman of the board of county commissioners of the new county of the time and place when the report will be heard and considered by the court.
2. All counties interested in the report shall have an opportunity to be heard and the hearing may be adjourned from time to time at the discretion of the court.

History. Laws 1882, ch. 32, § 3; R.S. 1887, § 681; R.S. 1899, § 1016; C.S. 1910, § 1064; C.S. 1920, § 1297; R.S. 1931, § 29-604; C.S. 1945, § 26-219; W.S. 1957, § 18-45; Laws 1977, ch. 124, § 1.

§ 18-1-319. Apportionment by court; order for payment by new county; lien upon property of new county.

The court to which the report is made shall determine the proportion of the existing indebtedness which the new county shall bear under the provisions of W.S. 18-1-316 after deducting the new county’s proportionate share of the value of the public property, money and credits of the original county. The court, if any of the public property is located within the limits of the new county, may apportion its value to the new county, and shall order the board of county commissioners of the new county to issue warrants in the amount of their proportionate share payable to the original county when the new county’s proportionate share of the indebtedness and interest is due. The proportion of indebtedness of the new county is a lien upon the taxable property of the new county.

History. Laws 1882, ch. 32, § 4; R.S. 1887, § 682; R.S. 1899, § 1017; C.S. 1910, § 1065; C.S. 1920, § 1298; R.S. 1931, § 26-605; C.S. 1945, § 26-220; W.S. 1957, § 18-46; Laws 1977, ch. 124, § 1.

§ 18-1-320. New county to issue warrants in payment; tax levy.

1. Upon receiving the order of the court pursuant to W.S. 18-1-319 the board of county commissioners of the new county shall issue and deliver warrants to the commissioners of the original county or counties.
2. Each year the board of county commissioners of the new county shall levy a sufficient tax upon all the taxable property in the county to pay its proportionate share of the indebtedness.

History. Laws 1882, ch. 32, § 5; R.S. 1887, § 683; R.S. 1899, § 1018; C.S. 1910, § 1066; C.S. 1920, § 1299; R.S. 1931, § 29-606; C.S. 1945, § 26-221; W.S. 1957, § 18-47; Laws 1977, ch. 124, § 1.

§ 18-1-401. Commissioners to order surveyor of their respective counties to make survey.

Whenever a dispute arises between two (2) adjoining counties as to the location of the boundary line between them each board of county commissioners shall order their county surveyor to survey the disputed boundary line with the county surveyor of the other county at a time agreed upon by each board of county commissioners.

History. Laws 1886, ch. 87, § 1; R.S. 1887, § 670; 1899 § 994; C.S. 1910, § 1041; C.S. 1920, § 1271; R.S. 1931, § 29-501; C.S. 1945, § 26-501; W.S. 1957, § 18-331; Laws 1977, ch. 124, § 1.

Editor's notes. —

Section 1, ch. 87, Laws 1886, contained a proviso clause relative to the boundary line between Crook and Johnson counties. It has not been carried since 1899.

Boundary to be established by survey. —

A proceeding, under this article, by one county to determine the boundary line between it and the adjoining county, is a proceeding to locate the line as designated by the law creating the counties, and that line must be established by the survey to be made in the proceeding. Board of Comm'rs v. Board of Comm'rs, 17 Wyo. 424, 100 P. 659, 1909 Wyo. LEXIS 10 (Wyo. 1909).

§ 18-1-402. Duty of surveyors in making survey; joint report; findings conclusive if in agreement.

1. The county surveyors shall:
   1. Mark the boundary line as located by them by placing or erecting at the end of each mile an easily discernible and durable monument upon which will be designated the point which it represents or locates;
   2. Make a joint report of the boundary line agreed upon, attaching maps which show the location of the boundary line and all monuments placed or erected on the line.
2. The report shall be signed and sworn to by each surveyor and one (1) copy shall be filed with the county clerk of each county. The line agreed on by the county surveyors is located and binding upon both counties.

History. Laws 1886, ch. 87, § 2; R.S. 1887, § 671; 1899, § 995; C.S. 1910, § 1042; 1920, § 1272; R.S. 1931, § 29-502; C.S. 1945, § 26-502; W.S. 1957, § 18-332; Laws 1977, ch. 124, § 1.

§ 18-1-403. Reports of county surveyors to be separate when they disagree.

If the county surveyors do not agree in the location of the boundary line after making the survey provided by W.S. 18-1-402 they shall each make separate reports on the portion of the line upon which they do not agree, attaching maps showing the location of all monuments placed or erected on the line. One (1) report shall be filed with each county clerk.

History. Laws 1886, ch. 87, § 3; R.S. 1887, § 672; 1899, § 996; C.S. 1910, § 1043; C.S. 1920, § 1273; R.S. 1931, § 29-503; C.S. 1945, § 26-503; W.S. 1957, § 18-333; Laws 1977, ch. 124, § 1.

Cited in

Board of County Comm'rs v. Board of County Comm'rs, 17 Wyo. 424, 100 P. 659, 1909 Wyo. LEXIS 10 (1909).

§ 18-1-404. Application to court for settlement when surveyors disagree; filing and notice of filing; court jurisdiction.

1. After the reports provided by W.S. 18-1-403 have been filed the county commissioners of either county may apply to the district court within their county for a hearing, describing the previous proceedings and attaching a certified copy of all records and reports which have been filed with the county clerk.
2. The application for a hearing shall be entitled “in the matter of disputed boundary line between  . . . . .  and  . . . . .  counties.” Upon receiving the application the clerk of court shall file and docket it and immediately notify the county clerk of the other county by registered mail of the filing and docketing and shall include a copy of the application. This notice is sufficient to establish the pendency of the matter.
3. When the requirements of this section have been met the district court has acquired jurisdiction and shall exclude the jurisdiction of any other court.

History. Laws 1886, ch. 87, §§ 4, 5; R.S. 1887, §§ 673, 674; 1899, §§ 997, 998; C.S. 1910, §§ 1044, 1045; C.S. 1920, §§ 1274, 1275; R.S. 1931, §§ 29-504, 29-505; C.S. 1945, §§ 26-504, 26-505; W.S. 1957, §§ 18-334, 18-335; Laws 1977, ch. 124, § 1.

§ 18-1-405. Court to appoint surveyor; filing of surveyor's report; action upon report; appeal.

1. Upon hearing the matter as provided by W.S. 18-1-404 and if the court is satisfied that all proceedings have been made pursuant to the provisions of W.S. 18-1-401 through 18-1-404 the court shall appoint a licensed surveyor who is not a resident of either interested county to survey the disputed boundary line. The court shall specify the time in which the survey is to be made.
2. The surveyor shall take and subscribe an oath to faithfully and impartially make a survey, and after making the survey shall make a report in triplicate, one (1) copy to be filed with the court and the others to be filed with the county clerks of each county. The report will be signed and sworn to by the surveyor and will contain maps showing the location of the boundary line in the same manner as provided by W.S. 18-1-402 .
3. When the report has been filed with the court, the boundary line is fixed and designated as shown in the report, unless the court sets aside the survey and report for being insufficient or indefinite upon the application of either county if made within sixty (60) days after the report has been filed in the court.
4. Any order of the court concerning the boundary line may be appealed to the supreme court, but the boundary line is conclusive until set aside. In the event the order is set aside, another surveyor may be appointed as provided by this section.

History. Laws 1886, ch. 87, § 6; R.S. 1887, § 675; 1899, § 999; C.S. 1910, § 1046; C.S. 1920, § 1276; R.S. 1931, § 29-506; C.S. 1945, § 26-506; W.S. 1957, § 18-336; Laws 1977, ch. 124, § 1.

Cited in

Board of County Comm'rs v. Board of County Comm'rs, 17 Wyo. 424, 100 P. 659, 1909 Wyo. LEXIS 10 (1909).

§ 18-1-406. Application to court upon refusal to survey; action taken by court.

1. If a county involved in a boundary dispute fails to act as provided by W.S. 18-1-401 or if the boards of county commissioners cannot agree on a time for making a survey, the commissioners of the county wanting the dispute settled may apply to the district court in their county as provided by W.S. 18-1-404 , stating the circumstances of the dispute and the reasons why the dispute has not been settled.
2. The district court shall decide the dispute as provided by W.S. 18-1-404 and 18-1-405 .

History. Laws 1886, § 7; R.S. 1887, § 676; 1899, § 1000; C.S. 1910, § 1047; C.S. 1920, § 1277; R.S. 1931, § 29-507; C.S. 1945, § 26-507; W.S. 1957, § 18-337; Laws 1977, ch. 124, § 1.

Cited in

Board of County Comm'rs v. Board of County Comm'rs, 17 Wyo. 424, 100 P. 659, 1909 Wyo. LEXIS 10 (1909).

§ 18-1-407. Expenses and costs to be paid jointly.

The expenses of the costs of the surveys and court proceedings provided by W.S. 18-1-401 through 18-1-406 shall be paid equally by the counties involved in the dispute.

History. Laws 1886, ch. 87, § 8; R.S. 1887, § 677; 1899, § 1001; C.S. 1910, § 1048; C.S. 1920, § 1278; R.S. 1931, § 29-508; C.S. 1945, § 26-508; W.S. 1957, § 18-338; Laws 1977, ch. 124, § 1.

§ 18-2-101. General powers.

1. Each organized county in the state is a body corporate and politic. The powers of the county shall be exercised by a board of county commissioners which may:
   1. Sue and be sued;
   2. Purchase property for the use of the county and acquire real property at tax sales, as provided by law;
   3. Sell or convey property owned by the county, when it is in the best interests of the county;
   4. Make contracts and perform other acts relating to the property and concerns of the county in the exercise of its corporate or administrative powers;
   5. Exercise other powers as provided by law;
   6. Establish a surface water drainage system, utilities and drainage management; and
   7. Repealed by Laws 1999, ch. 22, § 2.
   8. Declare and abate nuisances which the commission determines to be a threat to health or safety as provided in W.S. 18-2-115 . No person shall create, continue or permit nuisances to exist in violation of a final order issued pursuant to W.S. 18-2-115 . Any resolution passed by a board of county commissioners pursuant to this paragraph is enforceable, in addition to other remedies provided by law, by injunction, mandamus or abatement. Whoever fails to comply with a final order shall be assessed a civil penalty of up to one hundred dollars ($100.00) per day for each day the violation continues. No resolution issued pursuant to this paragraph shall regulate any permitted industrial facility or oil and gas or mining operations necessary to the extraction, production or exploration of the mineral resources. Nothing in this paragraph shall be construed to impair or modify any rights afforded to farm or ranch operations pursuant to the Wyoming Right to Farm and Ranch Act.

History. C.L. 1876, ch. 28, art. I, § 1; R.S. 1887, § 1791; R.S. 1899, § 1073; C.S. 1910, § 1067; C.S. 1920, § 1300; R.S. 1931, § 29-301; C.S. 1945, § 26-301; W.S. 1957, §§ 18-48, 18-50; Laws 1977, ch. 124, § 1; 1995, ch. 118, § 2; 1998, ch. 84, § 1; 1999, ch. 22, § 2; 2008, ch. 81, § 2.

Cross references. —

As to county cooperation in extension work in agriculture and home economics, see § 21-17-305 .

The 2008 amendment, effective July 1, 2008, inserted (a)(viii) and made a related stylistic change.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

In general. —

County has authority to make contracts, and do all other acts in relation to the property and concerns of the county necessary to the exercise of its corporate or administrative powers. Appel v. State, 9 Wyo. 187, 61 P. 1015, 1900 Wyo. LEXIS 13 (Wyo. 1900).

Governmental functions defined. —

Governmental functions are those conferred or imposed on the county as a local agency of limited and prescribed jurisdiction, to be employed in administering the affairs of the state, and promoting the public welfare generally. Bondurant v. Board of Trustees, 354 P.2d 219, 1960 Wyo. LEXIS 63 (Wyo. 1960), citing War Memorial Hosp. of Dist. v. Board of County Comm'rs, 73 Wyo. 371, 279 P.2d 472, 1955 Wyo. LEXIS 4 (Wyo. 1955).

The provisions of this section would seem to apply to property acquired by tax sale. Probasco v. Sikes, 77 Wyo. 108, 307 P.2d 817, 1957 Wyo. LEXIS 11 (Wyo. 1957).

Conveyance of land. —

It is for the board of commissioners in the exercise of its discretion, in good faith, to determine whether it shall convey for a site for a federal building, as unnecessary for the purposes of the county, part of a tract of land owned by the county, on another part of which the county buildings are located. Collins v. Board of Comm'rs, 20 Wyo. 517, 126 P. 465, 1912 Wyo. LEXIS 51 (Wyo. 1912).

Implied contract, nonapplicability. —

County is not liable on theory of implied contract for benefits received, to contractor who constructed road upon oral authorization from individual members of board of county commissioners when same was not a county road. George W. Condon Co. v. Board of County Comm'rs, 56 Wyo. 38, 103 P.2d 401, 1940 Wyo. LEXIS 26 (Wyo. 1940).

County road, implied establishment. —

County road cannot be established by implication through construction thereof under invalid agreement with members of board of county commissioners, individually, when road was not of statutory width and on completion was not taken over by commissioners. George W. Condon Co. v. Board of County Comm'rs, 56 Wyo. 38, 103 P.2d 401, 1940 Wyo. LEXIS 26 (Wyo. 1940).

Private roads. —

The board of county commissioners has no authority to take charge and control of a private road on behalf of the county since its powers are limited to duly established county roads. George W. Condon Co. v. Board of County Comm'rs, 56 Wyo. 38, 103 P.2d 401, 1940 Wyo. LEXIS 26 (Wyo. 1940).

Notices of tax sales. —

Treasurer may publish notice of sale of real property for delinquent taxes in any newspaper he may select and the county is liable for the expense thereof. Albany County v. Chaplin, 5 Wyo. 74, 37 P. 370, 1894 Wyo. LEXIS 20 (Wyo. 1894).

Applied in

Haddenham v. Board of County Comm'rs, 679 P.2d 429, 1984 Wyo. LEXIS 276 (1984); Martens v. Johnson County Bd. of Comm'rs, 954 P.2d 375, 1998 Wyo. LEXIS 26 (Wyo. 1998).

Cited in

Collins v. Board of County Comm'rs, 20 Wyo. 517, 126 P. 465, 1912 Wyo. LEXIS 51 (1912); Bd. of County Comm'rs v. Geringer, 297 F.3d 1108, 2002 U.S. App. LEXIS 15353 (10th Cir. 2002); Western Wyo. Constr. Co. v. Bd. of County Comm'rs of Sublette, 2015 WY 77, 2015 Wyo. LEXIS 86 (May 27, 2015).

Law reviews. —

For article, “Wyoming's Local Governments and the Quality of Growth — A Preliminary Discussion,” see XIV Land & Water L. Rev. 491 (1979).

§ 18-2-102. Property.

Any property conveyed to a county, is the property of the county.

History. C.L. 1876, ch. 28, art. I, § 2; R.S. 1887, § 1792; R.S. 1899, § 1074; C.S. 1910, § 1069; C.S. 1920, § 1302; R.S. 1931, § 29-303; C.S. 1945, § 26-302; W.S. 1957, § 18-49; Laws 1977, ch. 124, § 1.

Disallowance of claims. —

Where county commissioners contracted with attorneys to defend county in court actions and issued certificates of indebtedness, which were registered and assigned by payees for value, but later passed resolution that attorneys had not rendered service, cancelled certificates and ordered treasurer not to pay them, allowance of claim and issuance of certificates did not preclude county contesting claim, as certificates are merely orders on the treasurer to pay when funds available, and may be revoked and payment stopped if later a defense develops which justifies recision of contract, whereupon treasurer in mandamus action may plead the resolution and order of commissioners as his defense. State ex rel. Robertson Inv. Co. v. Patterson, 47 Wyo. 416, 38 P.2d 617, 1934 Wyo. LEXIS 36 (Wyo. 1934).

Cited in

Board of County Comm'rs v. Chaplin, 5 Wyo. 74, 37 P. 370, 1894 Wyo. LEXIS 20 (1894); Collins v. Board of County Comm'rs, 20 Wyo. 517, 126 P. 465, 1912 Wyo. LEXIS 51 (1912).

Am. Jur. 2d, ALR and C.J.S. references. —

Power of governing body of county to dispose of county real estate in absence of specific statutory authority, 21 ALR2d 722.

Power of county as to lease or sublease of property owned or leased by it, 47 ALR3d 19.

§ 18-2-103. Buildings generally; infrastructure for court information technology.

1. Each county shall provide and maintain a suitable courthouse, jail and other necessary county buildings.
2. Each county shall provide and maintain infrastructure to ensure the proper function of court information technology equipment including, but not limited to, requisite power outlets, network drops, audio and visual drops and associated wiring for connectivity of all endpoints and peripherals associated with court information technology equipment.
3. For purposes of this section, “court information technology equipment” means as defined in W.S. 5-2-120 (d) (i).

History. C.L. 1876, ch. 28, art. I, § 4; R.S. 1887, §§ 1366, 1794; R.S. 1899, § 1025; C.S. 1910, § 1078; C.S. 1920, § 1311; R.S. 1931, § 29-401; C.S. 1945, § 26-304; W.S. 1957, § 18-51; Laws 1977, ch. 124, § 1; 2018, ch. 18, § 1.

The 2018 amendment, added (b) and (c).

Laws 2018, ch. 18, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2018.

Cross references. —

As to county courthouses and jails generally, see chapter 6 of this title.

As to duty of sheriff as custodian of jail, see § 18-3-603 .

As to county libraries generally, see ch. 7 of this title.

As to memorial hospitals, see ch. 8 of this title.

As to fairgrounds, airports, parks, pleasure grounds and recreational systems, see ch. 9 of this title.

§ 18-2-104. Joint city and county buildings.

1. Any county and its county seat, acting through the board of county commissioners and the city or town council respectively may agree for the joint purchase or construction and use of:
   1. A building to be used as a county courthouse and city hall, to be known as a city and county building;
   2. A public auditorium, athletic fields, civic center or other community buildings, which may be designated as a memorial to the veterans of the United States of America as the board and council may determine.
2. The county and its county seat shall each contribute to the cost of purchase or construction of any facility specified in subsection (a) of this section in such amounts as they agree.
3. The county commissioners and the city or town council shall fix all details and control of construction, maintenance and management and the division of the expense of maintenance and management of facilities specified in subsection (a) of this section by agreement, and the agreement shall bind both parties until modified or rescinded by mutual agreement.
4. All laws relative to raising funds and issuing bonds by counties, cities or towns for purchasing or constructing county courthouses and jails and city and town halls, respectively, are applicable for the facilities specified in subsection (a) of this section.

History. Laws 1917, ch. 24, §§ 1 to 3; C.S. 1920, § 1332; R.S. 1931, § 29-420; C.S. 1945, § 26-419; Laws 1947, ch. 135, § 1; W.S. 1957, § 18-52; Laws 1963, ch. 148, § 1; 1977, ch. 124, § 1.

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of governmental borrowing or expenditure for purposes of acquiring, maintaining or improving stadium for use of professional athletic team, 67 ALR3d 1186.

§ 18-2-105. County, city or local housing authority; authority to establish senior citizen center; receiving state and federal monies; contracting for services.

A board of county commissioners, cities or local housing authorities designated by said counties or cities may establish and maintain senior citizen centers to provide transportation, information, recreation facilities and other services which will enable senior citizens to maintain their independence and to avoid institutionalization as long as possible. A board of county commissioners, cities or local housing authorities designated by said counties or cities may receive both state and federal monies for the establishment and maintenance of these facilities. A board of county commissioners, the mayor and council or the board of commissioners of a local housing authority may provide these services or contract with public or private organizations or individuals for the services.

History. Laws 1977, ch. 90, § 1.

Editor's notes. —

Sections 18-48.3 to 18-48.5, W.S. 1957, which were enacted by § 1, ch. 90, Laws 1977, have been renumbered as §§ 18-2-105 to 18-2-107 and §§ 18-2-105 to 18-2-108 , which were enacted by § 1, ch. 124, Laws 1977, have been redesignated as §§ 18-2-108 to 18-2-111 , accordingly.

§ 18-2-106. Senior citizen advisory commission.

A board of county commissioners, the mayor and council or the board of commissioners of a local housing authority may appoint an advisory commission for senior citizens. The composition of the advisory commission, the appointment and terms of its members and provisions for its organization and procedures shall be determined by the board of county commissioners. A member may be removed for cause by the board of county commissioners or other appointing body. The board shall fill any vacancy by appointment for the unexpired term.

History. Laws 1977, ch. 90, § 1.

§ 18-2-107. Cooperation with other agencies for funding and operation of senior citizen centers.

The county, city or local housing authority may cooperate with other agencies as provided in W.S. 16-1-101 , for the operation and funding of senior citizen centers.

History. Laws 1977, ch. 90, § 1; 2006, ch. 114, § 1.

The 2006 amendment, substituted “16-1-101” for “9-18.7.”

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 18-2-108. Joint establishment, operation, contracts and agreements of facilities by local governments; sharing of costs; issuance of bonds; limitation on expenditures.

1. Each county, municipality, school, hospital or other special district, or any two (2) or more of them may enter into contracts or agreements to jointly establish and operate recreation facilities, water, liquid or solid waste facilities, police protection agency facilities, fire protection agency facilities, transportation system facilities, public school facilities, airports, public health facilities, community college facilities, hospital and related medical facilities, courthouse, jail and administrative office facilities or any combination thereof, and public access roads to school, hospital or other special districts where not otherwise provided by law.
2. Each county, municipality, school, hospital or other special district, or any two (2) or more of them may enter into contracts or agreements to jointly purchase, lease, construct and operate facilities and equipment used in joint operations permitted under this section and may issue their bonds for such purpose as provided by law.
3. The costs of the joint operations and joint use of machinery and facilities specified in this section shall be shared among the contracting parties as determined by their governing boards but no cost shall be incurred nor monies expended by any contracting party which will be in excess of limits prescribed by law for expenditures by it.

History. Laws 1967, ch. 101, §§ 1 to 4; 1975, ch. 172, § 1; 1977, ch. 124, § 1.

Cross references. —

As to memorial hospitals generally, see chapter 8 of this title.

As to fairgrounds, airports, parks, pleasure grounds and recreational systems, see chapter 9 of this title.

As to solid waste disposal districts, see chapter 11 of this title.

Editor's notes. —

See Editor's note to § 18-2-105 .

§ 18-2-109. Name in which county shall sue or be sued.

In all suits or proceedings the county shall sue or be sued as the “board of county commissioners of the county of . . . . . . . . . . . . . . . . . . . . ,” but this shall not prevent county officers when authorized by law from suing in their name of office for the benefit of the county.

History. C.L. 1876, ch. 28, art. I, § 5; R.S. 1887, § 1795; R.S. 1899, § 1076; C.S. 1910, § 1071; C.S. 1920, § 1304; R.S. 1931, § 29-305; C.S. 1945, § 26-305; W.S. 1957, § 18-53; Laws 1977, ch. 124, § 1.

Cross references. —

As to actions by or against state, state agencies and political subdivisions generally, see §§ 1-35-101 through 1-35-108 .

Corporate name. —

Notwithstanding the statutory provisions that counties may sue in their corporate name, actions must be brought by and against the board of commissioners of the county. Board Comm'rs Sweetwater County v. Young, 3 Wyo. 684, 29 P. 1002, 1892 Wyo. LEXIS 14 (Wyo. 1892).

Disallowance of claims. —

Where county commissioners contracted with attorneys to defend county in court actions, allowed claim for retainer and issued certificates of indebtedness, but later passed resolution that attorneys had not rendered service, cancelled certificates and ordered treasurer not to pay them, allowance of claim and issuance of certificates did not preclude county from contesting the claim, as certificates are merely orders on the treasurer to pay when funds available and may be revoked and payment stopped if later a defense develops which justifies recision of contract. Treasurer in a mandamus action may plead the resolution and order of commissioners as his defense. State ex rel. Robertson Inv. Co. v. Patterson, 47 Wyo. 416, 38 P.2d 617, 1934 Wyo. LEXIS 36 (Wyo. 1934).

Variance. —

Where title of board was given incorrectly as “the board of commissioners of Natrona county,” instead of “the board of the county commissioners of the county of Natrona,” variance is too trivial to be noticed by court. Board of Comm'rs v. Casper Nat'l Bank, 56 Wyo. 132, 105 P.2d 578, 1940 Wyo. LEXIS 34 (Wyo. 1940).

Cited in

North Laramie Land Co. v. Hoffman, 28 Wyo. 183, 201 P. 1022, 1921 Wyo. LEXIS 11 (1921).

§ 18-2-110. Commissioners to receive service of process and employ attorney in behalf of counties.

In all legal proceedings against the county process shall be served on the board of county commissioners or any member thereof and they may in the absence of the county attorney employ an attorney to defend them, for which they may make an appropriation from the general county fund.

History. C.L. 1876, ch. 28, art. I, § 6; R.S. 1887, § 1796; R.S. 1899, § 1078; C.S. 1910, § 1072; C.S. 1920, § 1305; R.S. 1931, § 29-306; C.S. 1945, § 26-306; W.S. 1957, § 18-54; Laws 1977, ch. 124, § 1.

Cross references. —

See also § 18-3-302 as to employment of other attorneys by county. As to restrictions on employment of attorneys, see § 18-3-520 .

Change in personnel. —

Where injunction was sought against board of county commissioners and members thereof, individually and as commissioners, and judgment was for defendants, and plaintiff brought error, it was no ground for dismissal of the proceedings in error that the membership of county commissioners had changed. North Laramie Land Co. v. Hoffman, 28 Wyo. 183, 201 P. 1022, 1921 Wyo. LEXIS 11 (Wyo. 1921).

Facts govern. —

Where county commissioners had no personal interest in suits and action was not against them individually, commissioners had power as board representing county to employ private attorneys to defend actions and to pay them, assertion in pleadings that county was not sued being a mere conclusion. The facts govern. Board of Comm'rs v. Casper Nat'l Bank, 56 Wyo. 132, 105 P.2d 578, 1940 Wyo. LEXIS 34 (Wyo. 1940).

Individual interest, effect. —

Where county commissioners were charged with fraudulently conspiring to extort money from county treasury, being individually interested in action, they were unable to exercise proper discretion in employing private attorneys and could not impose liability on county for paying them. Board of Comm'rs v. Casper Nat'l Bank, 56 Wyo. 132, 105 P.2d 578, 1940 Wyo. LEXIS 34 (Wyo. 1940).

Private counsel. —

The board of county commissioners may engage private counsel, in absence of county attorney, or in case of his refusal to act. Board of Comm'rs v. Casper Nat'l Bank, 56 Wyo. 132, 105 P.2d 578, 1940 Wyo. LEXIS 34 (Wyo. 1940).

Risk of accusation. —

When one accepts public office, he assumes risk of defending himself even against unfounded accusations at own expense. Board of Comm'rs v. Casper Nat'l Bank, 56 Wyo. 132, 105 P.2d 578, 1940 Wyo. LEXIS 34 (Wyo. 1940).

Cited in

Appel v. State ex rel. Shutter-Cottrell, 9 Wyo. 187, 61 P. 1015, 1900 Wyo. LEXIS 13 (1900); Bd. of Prof'l Responsibility v. Argeris, 2014 WY 150, 2014 Wyo. LEXIS 173 (Nov. 19, 2014).

Am. Jur. 2d, ALR and C.J.S. references. —

Persons upon whom notice of injury or claim against county may or must be served, 23 ALR2d 969.

§ 18-2-111. Judgment against county to be paid by tax levy; when execution to issue.

Except as provided in W.S. 1-39-101 through 1-39-120 when a judgment is rendered against the board of county commissioners or any county officer the judgment shall be paid by a tax levied for that purpose and when collected shall be paid by the county treasurer to the judgment creditor upon the delivery of a proper voucher. Execution may issue on the judgment if payment is not made within sixty (60) days after the time required for the payment of county taxes to the county treasurer.

History. C.L. 1876, ch. 28, art. I, § 7; R.S. 1887, § 1798; R.S. 1899, § 1077; C.S. 1910, § 1074; C.S. 1920, § 1307; R.S. 1931, § 29-308; C.S. 1945, § 26-307; W.S. 1957, § 18-55; Laws 1977, ch. 124, § 1; 1979, ch. 157, § 2; 2010, ch. 82, § 1; 2017, ch. 41, § 1.

The 2010 amendment, substituted “1-39-121” for “1-39-119.”

Laws 2010, ch. 82, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo.Const. Approved March 9, 2010

The 2017 amendment, effective July 1, 2017, substituted “1-39-120” for “1-39-121.”

Limitation. —

This section does not authorize the levy of a tax in excess of the rate limited by the constitution, but judgments must be paid out of the amount realized by the levy for ordinary county purposes. Grand I. & N. W. R.R. v. Baker, 6 Wyo. 369, 45 P. 494, 1896 Wyo. LEXIS 21 (Wyo. 1896).

Stated in

Bd. of Prof'l Responsibility v. Argeris, 2014 WY 150, 2014 Wyo. LEXIS 173 (Nov. 19, 2014).

§ 18-2-112. Contracts for human services.

A county may contract for treatment and preventive services for the mentally ill, substance abuser and developmentally disabled as provided in W.S. 35-1-611 through 35-1-627 .

History. Laws 1979, ch. 155, § 1; 2010, ch. 82, § 1.

The 2010 amendment, substituted “35-1-627” for “35-1-626.”

Laws 2010, ch. 82, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo.Const. Approved March 9, 2010

§ 18-2-113. Prohibition of towing by a county.

1. As used in this section, “towing service” means the transportation or recovery of privately owned vehicles or the disposal of abandoned, privately owned vehicles by use of a motor vehicle altered, designed or equipped to tow or render assistance for vehicles by means of a crane, hoist, tow bar, tow line or dolly.
2. Except as provided in subsection (c) of this section, a county shall not purchase or use equipment purchased by the county to engage in a towing service.
3. Notwithstanding subsection (b) of this section, a county may purchase or use equipment to engage in a towing service if there is no privately owned commercial towing service operating in the county that is able and willing to perform a towing service at a reasonable cost.
4. Nothing in this section prohibits the use of a county vehicle which is otherwise engaged in authorized activities, from providing assistance to stranded motorists.

History. Laws 1990, ch. 51, § 1.

§ 18-2-114. Prohibitions; amateur radio antenna regulation.

No county shall enact or enforce an ordinance or regulation that fails to conform to the limited preemption entitled “Amateur Radio Preemption, 101 FCC 2d 952 (1985)” issued by the federal communications commission. An ordinance or regulation adopted by a county with respect to amateur radio antennas shall conform to the limited federal preemption which states local regulations that involve placement, screening or height of antennas based on health, safety or aesthetic considerations shall be crafted to reasonably accommodate amateur communications. No ordinance or regulation adopted by a county under this section shall establish a maximum height for an amateur radio antenna of less than seventy (70) feet above ground.

History. Laws 1997, ch. 76, § 1; 1998, ch. 34, § 1.

§ 18-2-115. Nuisance abatement; procedures.

1. A board of county commissioners shall, by resolution, establish standards for determining when a site may be declared a nuisance under W.S. 18-2-101(a)(viii).
2. A board of county commissioners may issue an order declaring a property to be a nuisance under W.S. 18-2-101(a)(viii) and shall provide written notice to the owner or occupant of the property describing with specificity the nature of the nuisance and the steps required for abatement. The order shall be in writing, shall state the grounds for the order and shall be filed in the office of the clerk of the district court of the county in which the property is situated. A copy of the order shall be served in accordance with the Wyoming Rules of Civil Procedure upon the owner or occupant with a written notice that the order has been filed and shall remain in force, unless the owner or occupant files his objections or answer with the clerk of the district court within twenty (20) days. A copy of the order shall be posted in a conspicuous place upon the property.
3. Within twenty (20) days of service of an order issued under subsection (b) of this section, the owner or occupant may file with the clerk of the district court and serve upon the board of county commissioners issuing the order, an answer denying the existence of any of the allegations in the order. If no answer is filed and served, the order shall become a final order declaring the site a nuisance and fix a time when the order shall be enforced. If an answer is filed and served, the court shall hear and determine the issues raised as set forth in subsection (d) of this section.
4. The court shall hold a hearing within twenty (20) days from the date of the filing of the answer. If the court sustains all or any part of the order, the court shall issue a final order and fix a time within which all or any part of the final order shall be enforced.
5. An appeal from the judgment or final order of the district court may be taken by any party to the proceeding in accordance with the Wyoming Rules of Appellate Procedure.

History. Laws 2008, ch. 81, § 1.

Effective date.—

Laws 2008, ch. 81, § 1, makes the act effective July 1, 2008.

§ 18-2-116. County prohibitions on utility connections.

No county shall enact or implement any resolution or policy that prohibits, or has the effect of prohibiting, the connection or reconnection of an electric, natural gas, propane or other energy utility service provided by a public utility, municipality or cooperative utility.

History. Laws 2021, ch. 153, § 1.

Effective date. —

Laws 2021, ch. 153, § 2, makes the act effective July 1, 2021.

§ 18-3-101. Time of qualifying.

All county officers elected at a general election shall qualify and assume their offices on the first Monday in January next following their election.

History. Laws 1879, ch. 34, § 2; R.S. 1887, § 1903; R.S. 1899, § 1224; Laws 1907, ch. 80, § 7; 1909, ch. 85, § 2; C.S. 1910, §§ 1136, 1265; C.S. 1920, §§ 1370, 1515; Laws 1931, §§ 30-110, 30-306; C.S. 1945, §§ 27-101, 27-505; W.S. 1957, §§ 18-57, 18-98; Laws 1977, ch. 124, § 1.

Cross references. —

As to constitutional provision authorizing election of county officers, see art. 12, § 5, Wyo. Const.

Salaries. —

The salaries of county officers become fixed at the date of their election, though they do not take office until the first Nickerson v. Winslow, 22 Wyo. 259, 138 P. 184, 1914 Wyo. LEXIS 7 (Wyo.), reh'g denied, 22 Wyo. 259, 138 P. 184, 1914 Wyo. LEXIS 8 (Wyo. 1914).

§ 18-3-102. County officers required to execute bonds; amount; sureties; penalty.

1. All county officers, except county attorneys, before assuming the duties of their office and within twenty (20) days after the commencement of the term for which they were elected or appointed, shall take, subscribe and file the oath of office, and execute and file their official bonds to the state of Wyoming to insure the honest and faithful performance of their duties, in the penal amounts specified and according to the following provisions:
   1. County assessor: a bond approved by the board of county commissioners of five thousand dollars ($5,000.00) with at least two (2) sureties who are residents of the county or of a responsible surety company;
   2. Repealed by Laws 1981, Sp. Sess., ch. 22, § 2.
   3. County clerk: a bond filed with the county treasurer of not less than four thousand dollars ($4,000.00) with at least two (2) sureties;
   4. County commissioners: a bond approved by the clerk of the district court of one thousand dollars ($1,000.00);
   5. County sheriff: a bond approved by the board of county commissioners of four thousand dollars ($4,000.00) with sufficient surety;
   6. County surveyor: a bond of one thousand dollars ($1,000.00) with sufficient sureties;
   7. County treasurer: a bond in an amount prescribed by the board of county commissioners and filed in the office of the county clerk with an approved corporate surety company or at least three (3) sufficient sureties. If for any reason the bond has not been approved by the board of county commissioners, the bond may be approved by the county clerk, but final approval must be given by the board of county commissioners at their next regular meeting. If the board of county commissioners has not prescribed the amount of the bond it shall be not less than the total amount of taxes levied for the year;
   8. County coroner: a bond as specified in W.S. 7-4-101 .
2. The board of county commissioners may require any county officer who receives county revenue to execute a bond in the penal amount of one and one-fourth (1 1/4) times the amount of revenue received.
3. Deputy county assessors appointed as provided by W.S. 18-3-107(e) shall execute a bond with the county in the penal sum of two thousand dollars ($2,000.00) conditioned that they will faithfully and impartially observe the laws relating to the listing, assessing and valuing of all property.
4. Whenever the board of county commissioners requires any county officer to execute a new or additional bond, the county clerk shall immediately give personal notice to that officer. If the bond is not executed within twenty (20) days after receipt of the notice, the board of county commissioners shall declare the office vacant and shall appoint a qualified person to hold the office as provided by W.S. 22-18-111 .
5. Sureties of official bonds as provided in this section shall be residents of the state and have a net worth of twice the amount secured by the bond and each shall sign an affidavit, which will be endorsed on the bond, of his net worth. Any surety who willfully and corruptly makes a false affidavit as to his qualifications is guilty of false swearing.
6. If a surety ceases to possess the required qualifications, the board of county commissioners shall require the county officer giving the bond to execute a new one.
7. Any action to recover on the bonds provided in this section shall be in the name of the people.

History. C.L. 1876, ch. 11,§§ 1 to 3, 5, 6, 8; ch. 28, art. IV, § 1; art. VII, § 1; art. VIII, §§ 1, 4; art. XI, §§ 2, 6; Laws 1882, ch. 52,§ 1; C.L. 1886, ch. 58,§ 1; R.S. 1887, §§ 1858, 1889, 1893, 1902,1907, 1910 to 1915; Laws 1890-91, ch. 45,§ 1; ch. 57, § 7; 1899, ch. 11, § 1; R.S. 1899, §§ 1056, 1083, 1103, 1111,1184, 1223, 1228 to 1231, 1243 to 1245; Laws 1901, ch. 35,§ 1; 1907, ch. 80, §§ 4,12; 1909, ch. 85, § 4; C.S. 1910, §§ 1135, 1140 to 1143, 1155to 1157, 1162, 1181, 1212, 1262, 1272, 1290.; Laws 1915, ch. 3, § 1; C.S. 1920, §§ 1369, 1376 to 1379, 1391to 1393, 1408, 1427, 1450, 1459, 1512, 1522, 1542.; Laws 1925, ch. 31,§ 1; ch. 33, § 1; R.S. 1931, §§ 30-109, 30-119 to 30-122,30-134 to 30-136, 30-303, 30-313, 30-401, 30-601, 30-801, 30-1001; Laws 1937, ch. 85,§§ 3, 5 to 7; 1939, ch. 39, § 1; 1945, ch. 147, § 1; C.S. 1945, §§ 27-103, 27-107, 27-109 to27-114, 27-502, 27-507, 27-601, 27-801, 27-1001, 27-1201, 27-1301; Laws 1949, ch. 13,§ 1; W.S. 1957, §§ 18-62 to 18-69, 18-95, 18-100,18-109, 18-144, 18-172, 18-192, 18-199; Laws 1977, ch. 45,§ 2; ch. 124, § 3; 1981, Sp. Sess., ch. 22, § 2; 1998, ch. 5, § 2; ch. 100, § 2; 2003, ch. 17, § 1; 2017, ch. 26, § 1.

The 2017 amendment, effective July 1, 2017, in (c) substituted “18-3-107(e)” for “39-13-102(a)”.

§ 18-3-103. Offices and records to be kept within county; exceptions; records open to public inspection; removal for purposes of copying; penalty.

1. Each county officer except the county attorney, the county coroner and the county sheriff if the county jail is not located in the county seat, shall keep his office at the county seat of the county in an office provided by the county. If the county does not provide an office then the office shall be maintained at a place approved by the board of county commissioners:
   1. The county clerk, county sheriff and county treasurer shall be furnished offices in the courthouse or building used as such;
   2. The county and prosecuting attorney and the county attorney shall be furnished suitable office space at the expense of the county which shall if practicable be located at or near the courthouse;
   3. The office of the county assessor may be with the office of another county officer as determined by the board of county commissioners;
   4. The office of the county coroner may be located at any suitable location determined by the county coroner with the approval of the board of county commissioners.
2. All county officers shall keep their offices open during the usual business hours of each day excluding Saturdays, Sundays, legal holidays and other days as established by the county commissioners through resolution.
3. All books, papers and electronic records required to be in county offices are open to the examination of any person without fee. The officer in charge of any documents may temporarily remove them for lawful reproduction purposes and during the period of removal shall not be subject to any penalty. Any officer or person not complying with the provisions of this subsection shall forfeit five dollars ($5.00) for each day he fails to comply.

History. C.L. 1876, ch. 28, art. XI, § 1; R.S. 1887, § 1901; Laws 1890-91, ch. 54, § 14; 1895, ch. 76, § 20; R.S. 1899, §§ 1141, 1222, 1246; Laws 1907, ch. 80, § 6; C.S. 1910, §§ 1134, 1158, 1242, 1264; Laws 1915, ch. 141, § 1; C.S. 1920, §§ 1368, 1394, 1458, 1489, 1514; Laws 1925, ch. 61, § 1; R.S. 1931, §§ 30-108, 30-137, 30-305, 30-410, 30-507; Laws 1937, ch. 46, § 1; 1945, ch. 92, § 1; C.S. 1945, §§ 27-102, 27-303, 27-504, 27-609, 27-702; Laws 1957, ch. 117, § 1; W.S. 1957, §§ 18-58, 18-76, 18-97, 18-112, 18-119; Laws 1973, ch. 86, § 2; 1977, ch. 124, § 1; 1981, Sp. Sess., ch. 22, § 1; 2000, ch. 38, § 1; 2003, ch. 17, § 1; 2013, ch. 105, § 1; 2019, ch. 3, § 1.

Cross references. —

As to county seats, see § 18-1-201 .

The 2013 amendment, effective July 1, 2013, added “Saturdays” following “day excluding” and added “legal holidays and other days as established by the county commissioners through resolution” in (b).

The 2019 amendment, effective July 1, 2019, in (c) inserted “and electronic records” preceding “required.”

Inspecting, copying of records. —

This section gives no right to inspect and make copies of court records, and a deposition and letters transmitted with the deposition were not part of the records after the case has been concluded. King v. King, 25 Wyo. 275, 168 P. 730, 1917 Wyo. LEXIS 26 (Wyo. 1917).

Provisions for office space permissive only. —

The provision that commissioners may furnish office space for the county and prosecuting attorney is permissive only. Ward v. Board of Comm'rs, 36 Wyo. 460, 36 Wyo. 461, 256 P. 1039, 1927 Wyo. LEXIS 54 (Wyo. 1927).

Election contest. —

In an election contest a defeated candidate has a right upon showing of a special interest, to inspect affidavits on file in connection with the case. State ex rel. Romsa v. Grace, 43 Wyo. 454, 5 P.2d 301, 1931 Wyo. LEXIS 40 (Wyo. 1931).

Inspection. —

Petition filed in an election contest did not show such special interest so as to entitle defeated candidate to inspect affidavits on file. State ex rel. Romsa v. Grace, 43 Wyo. 454, 5 P.2d 301, 1931 Wyo. LEXIS 40 (Wyo. 1931).

Stated in

W.A.R.M. v. Bonds, 866 P.2d 1291, 1994 Wyo. LEXIS 4 (Wyo. 1994).

§ 18-3-104. Copies of instruments and transcripts of records as evidence.

Copies of all documents, writs, proceedings, instruments, papers and writings filed or deposited in the office of any district judge, county clerk or county treasurer and transcripts from books of record or proceedings kept by any such officers, with the seal of his office affixed, is prima facie evidence in all cases.

History. C.L. 1876, ch. 28, art. XI, § 3; R.S. 1887, § 1904; R.S. 1899, § 1235; C.S. 1910, § 1147; C.S. 1920, § 1383; R.S. 1931, § 30-126; C.S. 1945, § 27-104; W.S. 1957, § 18-59; Laws 1977, ch. 124, § 1.

Law reviews. —

See case note, “Constitutional Law — An Indigent's Right to a Free Trial Transcript. Mayer v. City of Chicago, 404 U.S. 189, 30 L. Ed. 2d 372, 92 S. Ct. 410, 1971 U.S. LEXIS 298 (1971),” VII Land & Water L. Rev. 707 (1972).

§ 18-3-105. Powers and compensation in special cases.

Whenever any county officer is required to perform the official duties of any other officer of this state he shall have for that time the same powers given by law to the officer whose duties he performs and shall receive the same compensation for his services.

History. C.L. 1876, ch. 28, art. XI, § 3; R.S. 1887, § 1904; R.S. 1899, § 1235; C.S. 1910, § 1147; C.S. 1920, § 1383; R.S. 1931, § 30-126; C.S. 1945, § 27-104; W.S. 1957, § 18-60; Laws 1977, ch. 124, § 1.

§ 18-3-106. Full-time officers enumerated.

Each county clerk, county treasurer, clerk of the district court, county assessor and county sheriff shall devote full time to the duties of their respective offices during the term for which they were elected or appointed. In counties which are not served by a district attorney and in which the population exceeds nine thousand (9,000) but is less than sixty thousand (60,000), the county and prosecuting attorney shall devote full-time to the duties of his office whenever a majority of the county commissioners in that county resolve that a full-time county and prosecuting attorney is necessary. In counties which are not served by a district attorney and in which the population does not exceed nine thousand (9,000), as well as in counties which are served by a district attorney, the county commissioners may designate the office of county attorney and the office of county and prosecuting attorney as a full-time office. The designations shall be made by resolution at the time salaries are set under W.S. 18-3-107(a).

History. Laws 1907, ch. 80, § 7; 1909, ch. 85, § 2; C.S. 1910, § 1265; C.S. 1920, § 1515; Laws 1931, ch. 73, § 18; R.S. 1931, § 30-306; Laws 1945, ch. 95, § 1; C.S. 1945, §§ 27-117, 27-505; W.S. 1957, §§ 18-70, 18-98; Laws 1977, ch. 124, § 1; 1981, Sp. Sess., ch. 21, § 2.

§ 18-3-107. Annual salaries of certain officers; additional compensation prohibited; exception as to traveling and other expenses; compensation of county commissioner; appointment and salaries of deputies, clerks, stenographers and other assistants.

1. County officers shall be paid as follows:
   1. The county assessor, part-time county and prosecuting attorneys, part-time county attorneys, county clerk, clerk of district court, county sheriff and county treasurer in their respective counties shall receive as annual salaries:
      1. Repealed Laws 2009, ch. 142, § 2.
      2. From and after January 1, 2007, not less than ten thousand dollars ($10,000.00) nor more than seventy-five thousand dollars ($75,000.00);
      3. From and after January 3, 2011, not less than ten thousand dollars ($10,000.00) nor more than one hundred thousand dollars ($100,000.00).
   2. Full-time county attorneys and full-time county and prosecuting attorneys shall receive as annual salaries:
      1. Repealed Laws 2009, ch. 142, § 2.
      2. From and after January 1, 2007, not less than thirty-five thousand dollars ($35,000.00) nor more than eighty-five thousand dollars ($85,000.00);
      3. From and after January 1, 2009 and to the extent permitted under the constitution and statutory law, not less than thirty-five thousand dollars ($35,000.00) nor more than the salary authorized for a district attorney under W.S. 9-1-802(d).
   3. Salaries shall be paid in equal monthly installments. The board of county commissioners of each county shall meet not later than June 1, 1978, and on or before the same date each four (4) years thereafter, for the purpose of setting salaries, which shall not be changed during the term of each official for whom a salary is determined.
2. The salaries provided in subsection (a) of this section shall compensate county officers for all of the duties prescribed by law to be performed by them, and no such officer shall receive from federal, state or county funds any additional or separate salary or compensation other than as above specified. This restriction shall not apply to traveling and other expenses nor to compensation allowed for office or house rent when expressly provided by law nor to other benefits provided to all employees of the respective county.
3. Each county commissioner will be paid such compensation as the board of county commissioners determines by resolution. No county commissioner may receive more than the lowest compensation paid any elected county officer in the same county who serves full-time as specified in W.S. 18-3-106 .
4. The board of county commissioners shall meet not later than June 1, 1978, and on or before the same date each four (4) years thereafter for the purpose of setting their salaries for the following four (4) years, commencing January 1. The salary amount, when determined, cannot be increased during the period for which established. In addition thereof, each commissioner shall be paid his actual expenses while away from his home on official county business and not exceeding the same mileage allowance as received by state employees for each mile actually and necessarily traveled other than in a county owned vehicle in going to and returning from the meetings of the board and in the discharge of the duties of his office. Only one (1) mileage allowance shall be allowed per vehicle per trip. No commissioner’s salary or expense for any purpose shall be charged to any account other than the county commissioner’s account in the county budget. No commissioner shall be allowed any other salary from the county other than that herein stipulated.
5. By and with the consent of the board of county commissioners of the respective counties, the county assessor, county clerk, clerk of the district court, county and prosecuting attorney and county treasurer in each county in the state may appoint one (1) or more deputies for each of the above-named offices who shall receive an annual salary of not less than twenty percent (20%) of the above named officer’s salary to be established by the board of county commissioners and also appoint such other clerks, stenographers and assistants as may be necessary to properly administer the affairs of any county office.
6. Subject to legislative appropriation, the state will pay a portion of each county and prosecuting attorney and assistant county and prosecuting attorney’s salary as provided in this subsection. The state will pay fifty percent (50%) of the salary of the county and prosecuting attorney per year to each qualifying county. The state will pay thirty thousand dollars ($30,000.00) or fifty percent (50%) of the salary of each assistant to the county and prosecuting attorney, whichever is less, per year. Payments under this section shall be made annually on or before June 30. In any fiscal year in which the legislative appropriation is insufficient to make all payments authorized by this subsection, the state treasurer shall provide a reduced payment by multiplying the payment authorized under this subsection by a fraction, the numerator of which is equal to the remaining legislative appropriation for the program for the biennial budget period and the denominator of which is equal to the total payments to be made under this subsection for the current fiscal year.
7. The board of county commissioners of the respective counties may appoint one (1) or more assistants or staff positions, whose salary shall be established by the board of county commissioners, as may be necessary to properly administer the affairs of the board of county commissioners. Persons appointed to an assistant or staff position shall not perform any duties statutorily delegated to any other county elected official.

History. Laws 1945, ch. 166, § 1; C.S. 1945, § 27-302; Laws 1949, ch. 108, § 1; 1953, ch. 71, § 1; 1957, ch. 191, § 1; W.S. 1957, § 18-74; Laws 1961, ch. 33, § 1; 1965, ch. 101, § 1; 1967, ch. 74, § 1; 1969, ch. 124, § 2; ch. 175, §§ 1, 2; 1973, ch. 60, § 1; ch. 85, § 1; 1977, ch. 15, § 1; ch. 124, § 1; 1978, Sp. Sess., ch. 4, § 1; 1981, Sp. Sess., ch. 13, § 1; Sp. Sess., ch. 21, § 2; 1993, ch. 152, § 1; 1998, ch. 95, § 1; 1999, ch. 131, § 1; 2004, ch. 50, § 1; 2005, ch. 162, § 1; 2006, ch. 29, § 1; 2007, ch. 30, § 1; ch. 31, § 1; ch. 215, § 1; 2009, ch. 142, §§ 1, 2; 2013, ch. 176, § 1.

Cross references. —

For constitutional provision that legislature shall fix salaries not determined by constitution, see art. 14, § 1, Wyo. Const.

For provision requiring salaries paid to be fixed and definite, with certain exceptions, see art. 14, § 1, Wyo. Const.

As to travel allowances to county attorney, see §§ 18-3-304 and 18-3-110 .

As to quarters or rental allowance allowed sheriff in connection with keeping prisoners in jail, see § 18-3-603 .

The 2004 amendment, effective July 1, 2004, in (c) deleted “other” following “compensation paid any,” and added “who serves full-time as specified in W.S. 18-3-106 .”

The 2005 amendment, effective July 1, 2005, rewrote (a), adding the paragraph and subparagraph designations, and increasing salary ranges of the specified county officers.

The 2006 amendment, effective July 1, 2006, added (g).

The 2007 amendments. —

The first 2007 amendment, by ch. 30, § 1, effective July 1, 2007, rewrote (f), changing dollar amounts.

The second 2007 amendment, by ch. 31, § 1, effective July 1, 2007, added (a)(ii)(C).

This section is set out as reconciled by the Wyoming legislative service office.

The 2009 amendment, effective July 1, 2009, repealed (a)(i)(A), which read: “From and after January 1, 1999, not less than ten thousand dollars ($10,000.00) nor more than sixty thousand dollars ($60,000.00)”; added (a)(i)(C); and repealed (a)(ii)(A), which read: “From and after January 1, 1999, not less than thirty-five thousand dollars ($35,000.00) nor more than seventy thousand dollars ($70,000.00).”

The 2009 amendment, effective July 1, 2009, repealed (a)(i)(A), which read: “From and after January 1, 1999, not less than ten thousand dollars ($10,000.00) nor more than sixty thousand dollars ($60,000.00)”; added (a)(i)(C); and repealed (a)(ii)(A), which read: “From and after January 1, 1999, not less than thirty-five thousand dollars ($35,000.00) nor more than seventy thousand dollars ($70,000.00).”

The 2013 amendment, effective July 1, 2013, in (f) inserted “Subject to legislative appropriation, the state will pay a portion of each county and prosecuting attorney and assistant county and prosecuting attorney’s salary as provided in this subsection” and added the last sentence.

Appropriations. —

Laws 2007, ch. 30, § 2 provides as follows: “There is appropriated from the general fund one million nine hundred thirty-six thousand dollars ($1,936,000.00) to the attorney general's office for the purposes of this act for the fiscal period from July 1, 2007 to June 30, 2008.”

Prevailing clauses. —

Laws 2013, ch. 176, § 2, directs: “This act shall be given precedence and shall prevail over any other act enacted into law during the same session in which this act is enacted to the extent that any other act is in conflict with amendments made by this act.”

Repealing clauses. —

Section 2, ch. 166, Laws 1945, reads: “Sections 30-311 (Laws 1907, ch. 80, § 8, as amended), 30-403, 30-503, 30-802, 30-905, 30-1102 (Laws 1895, ch. 76, §§ 2 to 6, 14, as amended), Wyoming Revised Statutes, 1931, and § 31-227, Wyoming Revised Statutes, 1931, as amended and reenacted by chapter 80, Session Laws of Wyoming, 1941, chapter 52, Session Laws of Wyoming, 1943 (Laws 1895, ch. 76, § 7, as amended) and all other acts or parts of acts in conflict with this act are hereby repealed.”

Conflicting legislation. —

Laws 2007, ch. 215, § 4, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Constitutionality of use of assessed valuation of county for year next subsequent to election. —

Where a district court has determined that by reason of the design, neglect or default of county commissioners or other such officers, an assessed valuation has been set which does not fairly represent the valuation of such county for such year and upon which certain county officers' salaries have been based, use of the assessed valuation of the said county in the year next subsequent to their election and qualification in the computation and determination of salaries of such county officers, which would result in payment to said county officers of a salary different from that based upon a standard which does not fairly represent the valuation of such county for such year would violate art. 14, § 1, Wyo. Const., providing that officers be paid fixed and definite salaries, and art. 3, § 32, Wyo. Const., prohibiting increase or decrease of such salaries after election. Barber v. Board of County Comm'rs, 73 Wyo. 222, 277 P.2d 977, 1954 Wyo. LEXIS 18 (Wyo. 1954).

Amendment. —

The 1911 amendment to former § 18-73, which provided that its provisions should not take effect until after December 31, 1912, making changes in classification of counties, thus affecting the compensation due officials, did not become effective until the day fixed and amendment was a nullity until that time. Nickerson v. Winslow, 22 Wyo. 259, 138 P. 184, 1914 Wyo. LEXIS 7 (Wyo.), reh'g denied, 22 Wyo. 259, 138 P. 184, 1914 Wyo. LEXIS 8 (Wyo. 1914).

Application under 1945 amendment. —

Plaintiff, who was appointed to fill a vacancy in the office of county treasurer on August 1, 1945, did not come within the exception in the 1945 amendment to this section which provided that act did not apply “to any county officers now holding office.” Ballangee v. Board of County Comm'rs, 66 Wyo. 390, 212 P.2d 71, 1949 Wyo. LEXIS 18 (Wyo. 1949).

Effect of 1949 amendment. —

The amendment of 1949 to this section could not have effect of raising sheriff's salary during his term of office where it provided standard by which increased salary would be possible, in view of provision of art. 3, § 32, Wyo. Const., that no law should increase salary of public officer after his election or appointment and art. 14, § 1, Wyo. Const., that various public officers should be paid fixed and definite salaries. These provisions may not be circumvented by indirect changes. Blackburn v. Board of County Comm'rs, 67 Wyo. 494, 226 P.2d 784, 1951 Wyo. LEXIS 37 (Wyo. 1951).

Salary of county clerk. —

No change can be made in the salary of a county clerk during his term, notwithstanding a change in the assessed valuation of the county, which would place it in a higher or lower class. Guthrie v. Board of Comm'rs, 7 Wyo. 95, 50 P. 229, 1897 Wyo. LEXIS 16 (Wyo. 1897).

Salary of treasurers of the counties of the several classes must continue the same throughout an official year, and cannot be made more or less for the last than the first part, though an assessment made within the year shows that it was an “assessed valuation” of a higher or lower class. Board of Comm'rs v. Burns, 3 Wyo. 691, 29 P. 894, 1892 Wyo. LEXIS 12 (Wyo.), reh'g denied, 3 Wyo. 691, 29 P. 894, 1892 Wyo. LEXIS 13 (Wyo. 1892).

Expense of office. —

Statutory compensation for use of automobile by sheriff was not “emolument” which could not be increased or diminished after sheriff's appointment or election under constitutional provision prohibiting change in officer's salary or emolument after his election or appointment. Taxpayers' League of Carbon County v. McPherson, 49 Wyo. 251, 54 P.2d 897, 1936 Wyo. LEXIS 48 (Wyo. 1936).

Evidence of approval of deputy. —

Treasurer's written appointment of deputy, filed with county clerk with letter requesting county board to approve appointment with board chairman's endorsement thereon showing approval were in absence of journal record thereof admissible in evidence to show what action had been taken by board. Board of Comm'rs v. Stone, 7 Wyo. 280, 51 P. 605, 1898 Wyo. LEXIS 3 (Wyo. 1898).

Ratification of appointment of deputy. —

Auditing and allowing salary of deputy county officer, whose appointment must be consented to by county board is sufficient approval of the official appointed and a ratification of his appointment. Griggs v. Board of Comm'rs, 5 Wyo. 274, 40 P. 304, 1895 Wyo. LEXIS 21 (Wyo. 1895).

Acts within scope of duties. —

Approving budgets and determining compensation for the county coroner's office are statutory functions expressly within the scope of duties required of a member of a board of county commissioners. Therefore allegations of insufficient budget allocations and determination of inadequate compensation levels could not form the basis of a claim for tortious conduct against members of a board of county commissioners. Veile v. Board of County Comm'rs, 860 P.2d 1174, 1993 Wyo. LEXIS 163 (Wyo. 1993).

Stated in

W.A.R.M. v. Bonds, 866 P.2d 1291, 1994 Wyo. LEXIS 4 (Wyo. 1994).

Cited in

Board of County Comm'rs v. State ex rel. Yeadon, 971 P.2d 129, 1998 Wyo. LEXIS 187 (Wyo. 1998).

Law reviews. —

For case note, “Local Government Law — Platte County's Cost of Living Adjustment: Is It an Unconstitutional In-Term Adjustment of an Elected Officer's Salary?,” see XXXV Land & Water L. Rev. 549 (2000).

§ 18-3-108. Salaries paid in monthly installments; allowance by commissioners.

The salaries of county officers shall be paid in equal monthly installments by the county in which they serve and shall be allowed at the first regular monthly meeting of the board of county commissioners occurring after the rendition of service.

History. Laws 1895, ch. 76, § 20; R.S. 1899, § 1246; C.S. 1910, § 1158; C.S. 1920, § 1394; R.S. 1931, § 30-137; Laws 1945, ch. 92, § 1; C.S. 1945, § 27-303; W.S. 1957, § 18-75; Laws 1977, ch. 124, § 1.

Cross references. —

For constitutional provisions that legislature shall designate and fix salaries of county officers, see art. 14, § 3, Wyo. Const.

Editor's notes. —

Chapter 76, Laws 1895, as amended, was the general basic law concerning fees and salaries of county officers, and it originally consisted of 23 sections. Sections 2 to 7 and 14 have been repealed. For the remaining sections of the act appearing in this compilation see the Table of Disposition of Acts.

This section is mandatory. Ballangee v. Board of County Comm'rs, 66 Wyo. 390, 212 P.2d 71, 1949 Wyo. LEXIS 18 (Wyo. 1949).

Determination by commissioners. —

Determination by board of county commissioners that office of justice of peace in certain precinct is salaried office will not be disturbed in absence of proof that board erred in its determination of fact. Davis v. Board of Comm'rs, 4 Wyo. 477, 35 P. 467, 1894 Wyo. LEXIS 3 (Wyo. 1894).

Cited in

Ballantyne v. Bower, 17 Wyo. 356, 99 P. 869, 1909 Wyo. LEXIS 6 (1909).

§ 18-3-109. [Repealed.]

Repealed by Laws 2010, ch. 69, § 208.

Editor's notes. —

This section, which derived from Laws 1895, ch. 76, § 23; R.S. 1899, § 1238; C.S. 1910, § 1150; C.S. 1920, § 1386; R.S. 1931, § 30-129; C.S. 1945, § 27-306; Laws 1953, ch. 121, § 1; 1957, ch. 144, § 1; W.S. 1957, § 18-78; Laws 1977, ch. 124, § 1, related to definition of assessed valuation.

Laws 2010, ch. 69, § 501, makes the act effective July 1, 2010.

§ 18-3-110. Reimbursement for traveling expenses; receipt required.

Any county officer whose official duties require him to travel away from the county seat shall be reimbursed by the county for his actual and necessary traveling expenses and mileage as provided by W.S. 9-3-103 . The county sheriff may also be reimbursed for travel away from the county jail for official duties, if the jail is not located in the county seat. No officer requesting mileage expenses shall claim additional transportation expense. The board of county commissioners shall not allow payment for traveling expenses unless there are receipts for all monies expended.

History. Laws 1895, ch. 92, § 1; R.S. 1899, § 1227; C.S. 1910, § 1139; Laws 1913, ch. 13, § 1; C.S. 1920, §§ 1373, 1375; R.S. 1931, §§ 30-113, 30-115; C.S. 1945, §§ 27-307, 27-308; W.S. 1957, §§ 18-79, 18-80; Laws 1977, ch. 124, § 1; 2000, ch. 38, § 1.

Cross references. —

As to per diem and traveling expenses of state officers and employees, see § 9-3-102 .

As to travel allowances for county attorney, see § 18-3-304 .

Deputy sheriff not entitled to reimbursement. —

Because a deputy sheriff was not a “county officer” as provided by § 18-3-102 , he was not entitled to reimbursement of any expenses under this section. Smith v. Board of County Comm'rs of County of Sublette, 891 P.2d 88, 1995 Wyo. LEXIS 44 (Wyo. 1995).

§ 18-3-111. Responsibility of officers.

All county officers are responsible for the acts of their deputies and assistants, and as such are liable on their official bonds.

History. Laws 1895, ch. 74, § 11; R.S. 1899, § 1240; C.S. 1910, § 1152; C.S. 1920, § 1388; R.S. 1931, § 30-131; C.S. 1945, § 27-402; W.S. 1957, § 18-86; Laws 1977, ch. 124, § 1.

Cross references. —

As to bonds of officers generally, see § 18-3-102 .

Applied in

Pfister v. Niobrara County, 557 P.2d 735, 1976 Wyo. LEXIS 233 (Wyo. 1976).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of public officer for the defaults and misfeasances of clerks, assistants or deputies, 71 ALR2d 1140.

Liability of county clerk or prothonotary, or surety on bond, for negligent or wrongful acts of deputies or assistants, 71 ALR2d 1140.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it, 2 ALR3d 822.

Liability of governmental entity or public officer for personal injury or damages arising out of vehicular accident due to negligent or defective design of highway, 45 ALR3d 875, 58 ALR4th 559.

§ 18-3-112. Powers; bonds.

All deputy county officers have the same power and authority as their principal, and all official acts performed by them have the same force and effect as if done by their principal. All officers appointing deputies and assistants may require from them bond for their own protection, in such sum as they see fit.

History. Laws 1895, ch. 74, § 12; R.S. 1899, § 1241; C.S. 1910, § 1153; C.S. 1920, § 1389; R.S. 1931, § 30-132; C.S. 1945, § 27-403; W.S. 1957, § 18-87; Laws 1977, ch. 124, § 1.

Applied in

Pfister v. Niobrara County, 557 P.2d 735, 1976 Wyo. LEXIS 233 (Wyo. 1976).

§ 18-3-201. Qualifications; certification and education.

1. There shall be elected in each county a county assessor as provided by the Wyoming Election Code of 1973 as amended, who shall be a qualified elector and own real property in the county in which he is elected. The county assessor shall be a resident of the county in which the county assessor serves, beginning on the first day of the term and through the last day of the term for which the county assessor serves.
2. The department of revenue, after consultation with the president of the county assessor’s association, shall:
   1. Establish, implement and maintain a mandatory system of education and training for all property tax appraisers;
   2. Establish standards and criteria for certification;
   3. Provide a temporary and permanent certification program based on education, relevant experience or examination; and
   4. Report excessive absences of any county assessor from required education programs to the appropriate board of county commissioners and to the governor.
3. As used in this section “property tax appraiser” means any employee of the state or any county, including elected county assessors, who makes valuation judgments used as a basis for ad valorem taxation.
4. No individual shall perform the duties or exercise the authority of a property tax appraiser unless the person is certified by the department of revenue. No certificate shall be issued to any individual who has not demonstrated to the department of revenue that the individual is competent to perform the necessary work or administer the necessary operation of an assessor’s office. An individual may serve as county assessor without certification for one (1) elected term and the remainder of any unexpired term to which appointed.
5. The director of the ad valorem tax division, under the direction of the department of revenue, shall provide for examination of applicants for certificates and shall conduct or sponsor in-service or pre-entry training programs on the technical, legal and administrative aspects of the appraisal and assessment process. For this purpose, the director may cooperate with educational institutions, and regional, state or national appraisal and assessing organizations, and shall receive the advice of the president of the county assessor’s association, to develop training programs.
6. The director, upon appropriation by the legislature, shall also provide for the costs of obtaining and presenting schools including, but not limited to, normal costs of tuition, books and instructor expenses. The direct expenses related to students, such as travel, housing and meals while attending the schools, shall be the direct responsibility of each respective entity.

History. Laws 1907, ch. 80, § 2; C.S. 1910, § 1260; C.S. 1920, § 1510; R.S. 1931, § 30-301; Laws 1945, ch. 164, § 1; C.S. 1945, § 27-501; W.S. 1957, § 18-94; Laws 1977, ch. 124, § 1; 1986, ch. 78, § 1; 1991, ch. 174, § 2; 1995, ch. 209, § 1; 2010, ch. 69, § 203; 2021, ch. 165, § 1.

The 2010 amendment, effective July 1, 2010, in (d), deleted the former last sentence which read: “Individuals occupying the position of county assessor as of the effective date of this act shall be deemed certified until January 1, 1991.”

The 2021 amendment , effective July 1, 2021, added the second sentence in (a).

Editor's notes. —

Section 2, ch. 164, Laws 1945, reads: “Effective until the first Monday in January of 1947, each county assessor is hereby designated as the person to prepare and keep currently posted, plat books of the real property in his county, the duties connected therewith and those of county assessor being hereby declared compatible; for services connected with such plat books, such assessors shall receive compensation fixed by the board of county commissioners on an annual basis not exceeding $1,000.00 in first and second class counties or in third class counties, $800.00.”

The office of assessor was originally created by ch. 28, C.L. 1876, which was a general law for the organization of county government.

Applicability. —

Laws 2021, ch. 165, § 2, provides: "The residency requirements of this act shall apply to elected or appointed county officers whose terms commence on or after the effective date of this act."

§ 18-3-202. Oath.

Before entering upon the duties of his office, the county assessor shall take and subscribe the following oath or affirmation: “I, . . . . . having been elected assessor of . . . . . county, state of Wyoming, do solemnly swear (or affirm) that I will faithfully and impartially perform the duties of assessor of the county of . . . . . , state of Wyoming, according to law and to the best of my ability, and that I will without fear or favor assess all taxable property within the county of . . . . . , at its fair value. So help me God”.

History. Laws 1907, ch. 80, § 5; 1909, ch. 85, § 1; C.S. 1910, § 1263; C.S. 1920, § 1513; R.S. 1931, § 30-304; C.S. 1945, § 27-503; W.S. 1957, § 18-96; Laws 1959, ch. 56, § 2; 1977, ch. 124, § 1.

Cross references. —

As to restrictions upon employment of attorneys under this section, see § 18-3-520 .

As to habeas corpus generally, see §§ 1-27-101 to 1-27-134 .

As to appointment of an attorney to prosecute an action of quo warranto when county attorney disabled, see § 1-31-106 .

Stated in

Scott Realty Co. v. State Bd. of Equalization, 395 P.2d 289, 1964 Wyo. LEXIS 120 (Wyo. 1964).

Cited in

Ketcham v. State, 618 P.2d 1356, 1980 Wyo. LEXIS 320 (Wyo. 1980).

§ 18-3-203. Supplies.

The county assessor shall be furnished with books, assessment roll, stationery and supplies as necessary for the proper discharge of his duties.

History. Laws 1907, ch. 80, § 6; C.S. 1910, § 1264; C.S. 1920, § 1514; R.S. 1931, § 30-305; C.S. 1945, § 27-504; W.S. 1957, § 18-97; Laws 1977, ch. 124, § 1.

Cross references. —

For duty of county commissioners to provide county officers with stationery and supplies, see § 18-3-514 .

Applied in

Ketcham v. State, 618 P.2d 1356, 1980 Wyo. LEXIS 320 (Wyo. 1980).

§ 18-3-204. Duties generally.

1. Each county assessor shall:
   1. Keep his office open during the usual business hours with the exception of the time he is away in the performance of his duties making assessments and listing property for the purpose of taxation;
   2. Secure data concerning the listing and taxation of property within his county and gather data from public records and other sources as will enable him to assess all property at its fair value;
   3. Examine the county records relating to transfers of property and gather from all reliable sources information of the changes of ownership of property, and record transfers of property to enable him to assess all property to its rightful owner or owners;
   4. Gather information relating to land passing from the government of the United States into private ownership under the public land laws of the United States, and make records to enable him to list and assess such property to the owner or owners thereof;
   5. When he is not making the assessment for the current year, devote himself to a study of property valuations in his county, and he may subpoena witnesses, administer oaths, examine them under oath, and require certified copies of any part of any public records or documents within his county necessary during the course of such investigation. Whenever any subpoena is issued by the county assessor, it shall be served by the county sheriff without charge to the county. Any witness or person subpoenaed by the county assessor shall receive the same fees as allowed in civil actions;
   6. Prepare the assessment schedule in duplicate and leave with the property owner or person having control of the taxable property a copy of the assessment schedule. If any changes are subsequently made to the assessment schedule by the county assessor or his deputies, the county assessor shall immediately notify the property owner or person having control of the taxable property of the change;
   7. After the county board of equalization has finished their equalization of property for taxation and corrections have been designated by them, complete the roll and make the corrections and changes designated by the board, correctly foot the roll, and when completed subscribe and make the following oath which shall be attached to the roll: “I,  . . . . . , county assessor within and for the county of  . . . . . , state of Wyoming, do solemnly swear (or affirm) that I or my deputies have demanded, received and reviewed from every property owner or person having control of taxable property within the county of  . . . . . , State of Wyoming, a complete and detailed statement of the amount and fair value of all taxable property and that I or my deputies have viewed the property listed, and have revised and corrected the statements where necessary; and that I have to the best of my knowledge and ability valued the property at its fair value; and in no case have I or my deputies knowingly omitted to demand a statement of the description and value of property in the county, and that I have not knowingly omitted to perform any duty required by me by law, and have not connived at any evasion or violation of any requirements of law in relation to the listing and valuation of property. So help me God.”;
   8. Immediately after the taxes are levied each year make the tax list in tabular form and in alphabetical order upon the form and in the manner prescribed by law;
   9. Faithfully and diligently follow and apply the orders, procedures and formulae of the department of revenue or orders of the state board of equalization for the appraisal and assessment of all taxable property;
   10. Attend continuing education programs not to exceed forty (40) classroom hours per year provided by or approved by the department of revenue.

History. Laws 1907, ch. 80, § 7; 1909, ch. 85, §§ 2, 7; C.S. 1910, §§ 1265, 1275; Laws 1915, ch. 47, §§ 1, 2; C.S. 1920, §§ 1515, 1526, 1527; Laws 1931, ch. 73, § 18; R.S. 1931, §§ 30-306, 30-318, 30-319; C.S. 1945, §§ 27-505, 27-510, 27-511; W.S. 1957, §§ 18-98, 18-103, 18-104; Laws 1959, ch. 56, § 3; 1977, ch. 45, § 4; ch. 124, §§ 1, 4; 1985, ch. 148, § 1; 1995, ch. 209, § 1.

Cross references. —

For duty of county assessors to collect agricultural statistics, see chapter 3 of title 11.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Assessment in name of true owner. —

In absence of statute to contrary, real property must be assessed for taxation in name of true owner, if known. McCarthy v. Union Pac. R.R., 58 Wyo. 308, 131 P.2d 326, 1942 Wyo. LEXIS 23 (Wyo. 1942).

Where person named Michael S. “Madden” was record owner of land, assessment thereof in name of “Madden Bros.” pursuant thereto, must be held void. McCarthy v. Union Pac. R.R., 58 Wyo. 308, 131 P.2d 326, 1942 Wyo. LEXIS 23 (Wyo. 1942).

Owner of record. —

Term “owner” so far as real estate is concerned, means owner of record. McCarthy v. Union Pac. R.R., 58 Wyo. 308, 131 P.2d 326, 1942 Wyo. LEXIS 23 (Wyo. 1942).

Subsequent parties in interest. —

Requirement that assessment of realty be made in name of owner may be invoked also by parties subsequently receiving interest in such property. McCarthy v. Union Pac. R.R., 58 Wyo. 308, 131 P.2d 326, 1942 Wyo. LEXIS 23 (Wyo. 1942).

Assessor's oath. —

Assessment roll signed by assessor with statutory oath but not taken before an officer authorized to administer oaths, held insufficient to give validity to delinquent tax sale. United States v. Klink, 3 F. Supp. 208, 1933 U.S. Dist. LEXIS 1578 (D. Wyo. 1933).

Assessor's oath, required to be attached to assessment roll, is designed to safeguard taypayers' interests. Brewer v. Kulien, 42 Wyo. 314, 294 P. 777, 1930 Wyo. LEXIS 56 (Wyo. 1930).

County assessor's failure to attach oath to assessment roll invalidates tax sale, where title is claimed thereunder. Brewer v. Kulien, 42 Wyo. 314, 294 P. 777, 1930 Wyo. LEXIS 56 (Wyo. 1930).

In an action to quiet title to land acquired under tax sale, it was incumbent on the plaintiff to show that assessor's oath was attached to the tax roll before any sale in connection therewith took place, and on a failure to so show the plaintiff could not prevail. Sidlo, Simons, Day & Co. v. Phillips, 48 Wyo. 390, 49 P.2d 243, 1935 Wyo. LEXIS 42 (Wyo. 1935), overruled, Texas W. Oil & Gas Corp. v. First Interstate Bank, 743 P.2d 857, 1987 Wyo. LEXIS 514 (Wyo. 1987). But see Texas W. Oil & Gas Corp. v. First Interstate Bank, 743 P.2d 857, 1987 Wyo. LEXIS 514 (Wyo. 1987), reaff'd, 749 P.2d 278, 1988 Wyo. LEXIS 23 (Wyo. 1988).

Adding, deducting from valuation. —

Law does not require final valuation of property to be made by assessors at any specified date and they are authorized to add to and deduct from valuations on schedules when they list property for taxation. Corthell v. Board of Comm'rs, 44 Wyo. 71, 8 P.2d 812, 1932 Wyo. LEXIS 8 (Wyo. 1932).

Tax value of personal property is fair actual cash market value.—

The value of personal property for purposes of taxation should be estimated according to the fair actual cash market value or the price that the property would sell for in cash in the usual course of business. J. Ray McDermott & Co. v. Hudson, 370 P.2d 364, 1962 Wyo. LEXIS 77 (Wyo. 1962).

Presumption. —

It must be presumed that when county assessment roll is laid before state board of equalization (now department of revenue and taxation) valuations of various owners have been fully equalized as between themselves. Bunten v. Rock Springs Grazing Ass'n, 29 Wyo. 461, 215 P. 244, 1923 Wyo. LEXIS 25 (Wyo. 1923).

Action on county assessment roll. —

County assessment roll is not to be sent to state board of equalization (now department of revenue and taxation) until county board has completed all adjustments at its July meeting, and the roll is not complete or final, so as to authorize tax levy, until acted upon by the state board. Baker v. Paxton, 29 Wyo. 500, 215 P. 257, 1923 Wyo. LEXIS 27 (Wyo. 1923).

Applied in

Weaver v. State Bd. of Equalization, 511 P.2d 97, 1973 Wyo. LEXIS 165 (Wyo. 1973).

Quoted in

Scott Realty Co. v. State Bd. of Equalization, 395 P.2d 289, 1964 Wyo. LEXIS 120 (Wyo. 1964).

Stated in

Simons v. Laramie County Sch. Dist., 741 P.2d 1116, 1987 Wyo. LEXIS 496 (Wyo. 1987).

Law reviews. —

See “Remedies for Defects in General Property Tax Assessments in Wyoming,” 4 Wyo. L.J. 240.

For note, “The Common-Law Rule Against Holding Incompatible Offices — Abolishing the ‘Office’ Limitation,” see IX Land & Water L. Rev. 667 (1974).

§ 18-3-205. Interfering with assessor; failure to return property; penalties. [Effective until January 1, 2022]

1. Any person interfering with the county assessor or deputy county assessor in the discharge of his duties, or any person refusing to allow the county assessor, deputy county assessor or representative of the department of revenue to examine any property pursuant to W.S. 39-13-103(b)(v), is guilty of a misdemeanor, and upon conviction shall be fined not more than seven hundred fifty dollars ($750.00), or imprisoned for not more than six (6) months in jail, or both.
2. Any person who fails to return any taxable property owned by him or under his control is guilty of a misdemeanor and upon conviction shall be fined not exceeding five hundred dollars ($500.00), imprisoned in the county jail not exceeding ninety (90) days, or both.

History. Laws 1909, ch. 85, §§ 5, 6; C.S. 1910, §§ 1273, 1274; C.S. 1920, §§ 1524, 1525; R.S. 1931, §§ 30-316, 30-317; C.S. 1945, §§ 27-508, 27-509; W.S. 1957, §§ 18-101, 18-102; Laws 1977, ch. 124, § 1; W.S. 1977, § 18-3-206 ; Laws 1984, ch. 70, § 1; 1991, ch. 174, § 2; 1995, ch. 209, § 1; 1998, ch. 5, § 2; 2021, ch. 158, § 1.

The 2021 amendment , effective January 1, 2022, rewrote (b), which read, "Any person who fails to return any taxable property owned by him or under his control is guilty of a misdemeanor and upon conviction shall be fined not exceeding five hundred dollars ($500.00), imprisoned in the county jail not exceeding ninety (90) days, or both."

Editor's notes. —

Section 18-3-205 , which was enacted by § 1, ch. 124, Laws 1977, and which related to dividing of counties into assessment districts and appointment, etc., of deputy assessors, was repealed pursuant to § 4, ch. 124, Laws 1977. Accordingly, §§ 18-3-206 and 18-3-207 have been redesignated as §§ 18-3-205 and 18-3-206 , respectively, in order to maintain proper numerical sequence.

Failure of assessor to give notice of addition of property to schedule. —

Where omitted property was subject to taxation, failure of assessor to give notice of the addition of omitted automobile to his schedule, was not error of such fundamental nature as to avoid tax. Corthell v. Board of Comm'rs, 44 Wyo. 71, 8 P.2d 812, 1932 Wyo. LEXIS 8 (Wyo. 1932).

§ 18-3-205. Interfering with assessor; failure to return property; penalties. [Effective January 1, 2022]

1. Any person interfering with the county assessor or deputy county assessor in the discharge of his duties, or any person refusing to allow the county assessor, deputy county assessor or representative of the department of revenue to examine any property pursuant to W.S. 39-13-103(b)(v), is guilty of a misdemeanor, and upon conviction shall be fined not more than seven hundred fifty dollars ($750.00), or imprisoned for not more than six (6) months in jail, or both.
2. Any person who fails to report taxable property as provided in W.S. 39-13-107(a)(i) may be assessed a civil fee of five dollars ($5.00) for every day the report is not filed, not to exceed two hundred fifty dollars ($250.00). Civil fees under this subsection shall be added to the assessment for that taxpayer.

History. Laws 1909, ch. 85, §§ 5, 6; C.S. 1910, §§ 1273, 1274; C.S. 1920, §§ 1524, 1525; R.S. 1931, §§ 30-316, 30-317; C.S. 1945, §§ 27-508, 27-509; W.S. 1957, §§ 18-101, 18-102; Laws 1977, ch. 124, § 1; W.S. 1977, § 18-3-206 ; Laws 1984, ch. 70, § 1; 1991, ch. 174, § 2; 1995, ch. 209, § 1; 1998, ch. 5, § 2; 2021, ch. 158, § 1.

§ 18-3-206. Penalties.

1. Any county assessor who fails to perform the duties provided by W.S. 18-3-201 through 18-3-206 is guilty of a misdemeanor and upon conviction shall be fined not exceeding five hundred dollars ($500.00).
2. Any county assessor who swears falsely to any oath provided by W.S. 18-3-201 through 18-3-206 is guilty of false swearing.
3. Any county assessor, deputy assessor or member of any county board of equalization who knowingly and willfully values or equalizes taxable property at other than its fair value is guilty of a misdemeanor and upon conviction shall be fined not exceeding five hundred dollars ($500.00), imprisoned in the county jail not exceeding ninety (90) days or both, and shall forfeit his office.

History. Laws 1907, ch. 80, § 11; C.S. 1910, § 1271; C.S. 1920, § 1521; R.S. 1931, § 30-312; C.S. 1945, § 27-506; W.S. 1957, § 18-99; Laws 1977, ch. 124, § 1.

Cross references. —

As to perjury generally, see §§ 6-5-301 and 6-5-302 .

Editor's notes. —

Section 18-3-208, which was enacted by § 1, ch. 124, Laws 1977, and which related to defining “fair value,” was repealed pursuant to § 4, ch. 124, Laws 1977. See also Editor's note to § 18-3-205 .

Stated in

Simons v. Laramie County Sch. Dist., 741 P.2d 1116, 1987 Wyo. LEXIS 496 (Wyo. 1987).

§ 18-3-301. Office created; qualifications; certificate of election; counties empowered to consolidate.

1. In judicial districts in which the office of district attorney has not been created there shall be elected in each county a county and prosecuting attorney who at the time of his nomination and election and during his term of office, shall be a member of the bar of this state. A copy of his certificate of election and oath shall be filed by the county and prosecuting attorney with the clerk of the district court for his county or counties. In those judicial districts in which the office of district attorney has been created the county commissioners shall appoint an attorney to the office of county attorney for a term of one (1) year, who may be reappointed on a year-to-year basis. The county commissioners may remove the county attorney for cause.
2. The boards of county commissioners of two (2) or more contiguous counties not served by a district attorney may by resolution consolidate the offices of, and agree to be served by, a single county and prosecuting attorney who shall be elected by a vote of the electors of all the counties within the consolidated area.

History. C.L. 1876, ch. 28, art. VIII, § 1; R.S. 1887, § 1893; R.S. 1899, § 1103; C.S. 1910, § 1204; Laws 1915, ch. 3, § 1; C.S. 1920, § 1450; Laws 1925, ch. 33, § 1; R.S. 1931, § 30-401; C.S. 1945, § 27-601; W.S. 1957, § 18-109; Laws 1975, ch. 195, § 1; 1977, ch. 124, § 1; 1981, Sp. Sess., ch. 21, § 2.

Editor's notes. —

Sections 1, 2, ch. 195, Laws 1975, would have amended or enacted provisions of W.S. 1957 similar to this section, effective January 1, 1978. However, § 1, ch. 124, Laws 1977, revised such provisions, also effective January 1, 1978.

Quoted in

State v. Wyo. State Hosp. (In re RB), 2013 WY 15, 2013 Wyo. LEXIS 18 (Feb. 6, 2013).

Am. Jur. 2d, ALR and C.J.S. references. —

Authority of attorney acting in official capacity to dismiss or otherwise terminate action, 56 ALR2d 1290.

Prosecuting attorney as a witness in criminal case, 54 ALR3d 100.

Power of private citizen to institute criminal proceedings without authorization or approval by prosecuting attorney, 66 ALR3d 732.

Immunity of prosecuting attorney or similar officer from action for false arrest or imprisonment, 79 ALR3d 882.

Disqualification of prosecuting attorney in state criminal case on account of relationship with accused, 42 ALR5th 581.

§ 18-3-302. Duties generally; employment of other attorneys by county.

1. Each county attorney shall:
   1. Act in all courts in the state as legal counsel for his county or counties and its officers acting in their official capacity and prosecute or defend all suits instituted by or against his county or counties or its officers;
   2. Give his opinion in writing upon the request of any county officer of his county or counties, without fee, upon all questions of law relating to the duties of such officer and file and preserve in his office a copy of all such opinions;
   3. Examine the bonds offered by every county officer before the bonds are approved by the board of county commissioners and report in writing to the board of county commissioners or to the judge of the district court whether the bonds are executed as required by law;
   4. Perform other duties as prescribed by law.
2. In any county in a judicial district in which the office of district attorney has not been created, the county and prosecuting attorney shall have the jurisdiction, responsibilities, and duties of the district attorney and of the county attorney.
3. Nothing in this section shall be construed to prevent the county commissioners of any county or consolidation of counties from employing one (1) or more attorneys to appear and prosecute or defend or assist the county and prosecuting attorney in behalf of the people of the state or such county or consolidation of counties in any action or proceeding, whether civil or criminal. In such case, the nature and necessity of the employment shall appear in the record of the board or boards. Nothing in this section shall be construed to prevent the board of county commissioners of a county which has consolidated from independently employing one (1) or more attorneys to serve their respective counties.

History. C.L. 1876, ch. 28, art. VIII, §§ 2, 3; Laws 1879, ch. 8, § 2; 1882, ch. 45, § 18; R.S. 1887, §§ 1894, 1895, 1897; R.S. 1899, §§ 1104, 1106, 1108; C.S. 1910, §§ 1205, 1207, 1209; C.S. 1920, §§ 1451, 1453, 1455; Laws 1931, ch. 92, § 1; R.S. 1931, §§ 30-402, 30-404, 30-406; C.S. 1945, §§ 27-602, 27-604, 27-606; W.S. 1957, §§ 18-111, 18-113, 18-115; Laws 1973, ch. 146, § 1; 1975, ch. 195, § 2; 1977, ch. 124, § 1; 1981, Sp. Sess., ch. 21, § 2.

Editor's notes. —

Section 2, ch. 195, Laws 1975, would have amended provisions of W.S. 1957 similar to this section, effective January 1, 1978. However, § 1, ch. 124, Laws 1977, revised such provisions, also effective January 1, 1978.

According to a previous compiler, § 2, ch. 8, Laws 1879, did not specifically amend § 2, art. VIII, ch. 28, C.L. 1876, but the 2 sections were combined as § 1104, R.S. 1899, and the combined sections were amended by § 1, ch. 92, Laws 1931. Section 2, ch. 8, Laws 1879, as originally enacted, appears herein as § 18-3-520 .

By ch. 163, Laws 1945, the county and prosecuting attorney was made juvenile delinquent officer in first class counties until the first Monday in January, 1947.

Scope of prosecutorial immunity in conduct of office. —

To the extent that the securing of information is necessary to a prosecutor's decision to initiate a criminal prosecution and in the preparation of said case, the shield of absolute immunity attaches and the prosecutor cannot be held liable for alleged tortious conduct. Blake v. Rupe, 651 P.2d 1096, 1982 Wyo. LEXIS 383 (Wyo. 1982), cert. denied, 459 U.S. 1208, 103 S. Ct. 1199, 75 L. Ed. 2d 442, 1983 U.S. LEXIS 3435 (U.S. 1983).

Argument by prosecuting attorney. —

The prosecuting attorney acts as attorney for the state and not in a judicial capacity, so that statement in argument on evidence, “I am going to ask you to convict a murderer,” is not erroneous, as a statement of opinion. Ross v. State, 8 Wyo. 351, 57 P. 924, 1899 Wyo. LEXIS 17 (Wyo. 1899).

Prosecutors have no authority to grant immunity. —

A prosecuting attorney (district attorney or county attorney) in Wyoming has no authority to grant immunity to a witness. Hall v. State, 851 P.2d 1262, 1993 Wyo. LEXIS 88 (Wyo. 1993).

Attorney's fee. —

County attorney was not entitled to additional fee for prosecuting action to abate liquor nuisance. State ex rel. Cone v. Bernweiser, 39 Wyo. 314, 271 P. 13, 1928 Wyo. LEXIS 98 (Wyo. 1928).

The state, in proceeding to abate liquor nuisance, was not entitled to tax reasonable attorney's fees which statute allows successful complainant, as the compensation of the county attorney is covered by his salary. State ex rel. Cone v. Bernweiser, 39 Wyo. 314, 271 P. 13, 1928 Wyo. LEXIS 98 (Wyo. 1928).

Private counsel. —

The board of county commissioners may engage private counsel, in absence of county attorney, or in case of his refusal to act. Board of Comm'rs v. Casper Nat'l Bank, 56 Wyo. 132, 105 P.2d 578, 1940 Wyo. LEXIS 34 (Wyo. 1940).

County commissioners were authorized to employ an attorney to assist the board in suit brought to compel it to designate a particular paper as the official paper of the county. Appel v. State, 9 Wyo. 187, 61 P. 1015, 1900 Wyo. LEXIS 13 (Wyo. 1900).

The board of commissioners is the judge of the necessity of employing an attorney to assist the county attorney, and its determination thereon can only be attacked for fraud. Appel v. State, 9 Wyo. 187, 61 P. 1015, 1900 Wyo. LEXIS 13 (Wyo. 1900).

Use of special federal prosecutor. —

State's use of a federal prosecutor as a special prosecutor in the defendant's capital murder trial was not error under Wyo. Const. art. 6, § 19 or Wyo. Stat. Ann. § 18-3-302(c); under Wyo. Stat. Ann. § 6-2-103(d)(i), review for error, including constitutional error, has been limited to the use of special prosecutors with a financial or personal interest in the prosecution. Olsen v. State, 2003 WY 46, 67 P.3d 536, 2003 Wyo. LEXIS 57 (Wyo. 2003).

Costs for special prosecutors. —

Statute contemplates that “costs” on change of venue shall include reasonable allowance for special assistant prosecuting attorney. Board of Comm'rs v. Board of Comm'rs, 40 Wyo. 144, 275 P. 102, 1929 Wyo. LEXIS 21 (Wyo. 1929).

Change of venue. —

On change of venue in criminal case to another county, exceptions as to authority of county attorney of county where action was commenced to sign, verify and file pleading relating to a defect if any, appearing on its face, should be taken by motion to quash and were waived by defendant's plea of not guilty. State v. Kusel, 29 Wyo. 287, 213 P. 367, 1923 Wyo. LEXIS 14 (Wyo. 1923).

Facts govern. —

Where county commissioners had no personal interest in suits and action was not against them individually, commissioners had power as board representing county to employ private attorneys to defend actions and to pay them, assertion in pleadings that county was not sued being a mere conclusion. The facts govern. Board of Comm'rs v. Casper Nat'l Bank, 56 Wyo. 132, 105 P.2d 578, 1940 Wyo. LEXIS 34 (Wyo. 1940).

Individual interest, effect. —

Where county commissioners were charged with fraudulently conspiring to extort money from county treasury, being individually interested in action, they were unable to exercise proper discretion in employing private attorneys and could not impose liability on county for paying them. Board of Comm'rs v. Casper Nat'l Bank, 56 Wyo. 132, 105 P.2d 578, 1940 Wyo. LEXIS 34 (Wyo. 1940).

Loss of jurisdiction. —

On change of venue the county from which the change was taken loses jurisdiction to proceed to try accused on a second information charging the same offense. Keefe v. District Court of Judicial Dist., 16 Wyo. 381, 94 P. 459, 1908 Wyo. LEXIS 29 (Wyo. 1908).

Risk of accusation. —

When one accepts public office he assumes risk of defending himself even against unfounded accusations at own expense. Board of Comm'rs v. Casper Nat'l Bank, 56 Wyo. 132, 105 P.2d 578, 1940 Wyo. LEXIS 34 (Wyo. 1940).

Unlawful trial. —

In prosecution before justice of the peace of an offense over which he had no jurisdiction save as an examining magistrate, where complaints were signed and sworn to before the county attorney, and the justice unlawfully tried the cause and imposed a fine without evidence that county was in any manner implicated in the proceedings, it was not liable in damages as for a tort. Houtz v. Board of Comm'rs, 11 Wyo. 152, 70 P. 840, 1902 Wyo. LEXIS 30 (Wyo. 1902).

Stated in

Hilderbrand v. Padget, 678 P.2d 870, 1984 Wyo. LEXIS 271 (Wyo. 1984).

Am. Jur. 2d, ALR and C.J.S. references. —

Authority of attorney acting in official capacity to dismiss or otherwise terminate action, 56 ALR2d 1290.

§ 18-3-303. Fees or salary; restriction upon employment; failure to perform official duties.

1. Each county attorney and their deputies shall receive such fees, salary or both as allowed by the board of county commissioners. When counties have consolidated the office of county and prosecuting attorney pursuant to W.S. 18-3-301(b) the salary of county and prosecuting attorneys shall be apportioned between the counties by agreement of the boards of county commissioners, but a county which has consolidated may independently employ a deputy county and prosecuting attorney. The boards of county commissioners of each county which have consolidated shall meet once every four (4) years to set such salaries.
2. The board of county commissioners, or boards of county commissioners when counties have consolidated pursuant to W.S. 18-3-301(b), may prohibit county and prosecuting attorneys or their deputies from engaging in the private practice of law directly or indirectly. This section shall not prohibit the county and prosecuting attorney from completing all civil cases not in conflict with the interests of the county or counties, in which he is counsel and pending in court before he takes office.
3. The county attorney shall not receive any fee from or prosecute or defend any individual or corporation in any civil or criminal suit or proceeding at law in which this state or his county or counties may be a party.
4. If the attorney fails, neglects or refuses to perform any official duties enjoined upon him by law he and his sureties are liable on his official bond in a sum not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00), in the discretion of the court having jurisdiction.
5. Repealed by Laws 1981, Sp. Sess., ch. 22, § 2.
6. Repealed by Laws 1981, Sp. Sess., ch. 21, § 3.

History. C.L. 1876, ch. 28, art. VIII, § 4; Laws 1882, ch. 45, § 18; R.S. 1887, § 1896; R.S. 1899, § 1107; C.S. 1910, § 1208; C.S. 1920, § 1454; R.S. 1931, § 30-405; C.S. 1945, § 27-604; W.S. 1957, § 18-114; Laws 1975, ch. 195, § 2; 1977, ch. 124, § 1; 1981, Sp. Sess., ch. 21, § 3; Sp. Sess., ch. 22, §§ 1, 2; 2010, ch. 69, § 203.

Cross references. —

For constitutional provision that all state, city, county, town and school officers (with certain exceptions) shall be paid fixed and definite salaries, see art. 14, §§ 1 and 2, Wyo. Const.

For provisions that legislature shall designate and fix salaries of county officers, see art. 14, § 3, Wyo. Const.

The 2010 amendment, effective July 1, 2010, in (a), substituted “once every four (4) years” for “not later than June 1, 1978, and each four (4) years thereafter.”

Editor's notes. —

Section 2, ch. 195, Laws 1975, would have amended provisions of W.S. 1957 similar to this section, effective January 1, 1978. However, § 1, ch. 124, Laws 1977, revised such provisions, also effective January 1, 1978.

Section 18, ch. 45, Laws 1882, did not specifically amend § 4, art. VIII, ch. 28, C.L. 1876. Prior to the enactment of ch. 45, Laws 1882, the first part of this section provided as follows: “Each county attorney shall receive such fees as may be allowed him by law, ….” Section 18, ch. 45, Laws 1882, provided a salary and fee schedule for county and prosecuting attorneys. As a result the compilers of the 1899 Revised Statutes inserted the words “and prosecuting” and “or salary or both.” The salary and fee schedule fixed by the 1882 act is now obsolete.

In general. —

The county and prosecuting attorney is attorney for the state and not the attorney for the defendant. Ross v. State, 8 Wyo. 351, 57 P. 924, 1899 Wyo. LEXIS 17 (Wyo. 1899).

Injunction. —

Where an injunction was issued restraining the county and prosecuting attorney from prosecuting a party for violating the anti-gambling law, the bond or undertaking properly ran to the attorney individually, as neither the state nor the county was a party. Littleton v. Burgess, 16 Wyo. 58, 91 P. 832, 1907 Wyo. LEXIS 36 (Wyo. 1907).

Applied in

State v. Hambrick, 65 Wyo. 1, 196 P.2d 661, 1948 Wyo. LEXIS 17 (1948).

Cited in

State ex rel. Cone v. Bernweiser, 39 Wyo. 314, 271 P. 13, 1928 Wyo. LEXIS 98 (1928).

Am. Jur. 2d, ALR and C.J.S. references. —

Constitutionality and construction of statute prohibiting a prosecuting attorney from engaging in the private practice of law, 6 ALR3d 562.

Disqualification of prosecuting attorney in state criminal case on account of relationship with accused, 42 ALR5th 581.

§ 18-3-304. Travel allowances.

When any county attorney is called upon to render services for the county outside of his county or consolidation of counties, or within his county or consolidation of counties at a distance of more than ten (10) miles from the county seat, or more than ten (10) miles from his own residence, he may in the discretion of the board or boards of county commissioners receive his actual and necessary traveling expenses as provided by W.S. 9-3-103 in attending to such services, in addition to his salary as county attorney.

History. Laws 1895, ch. 63, § 1; R.S. 1899, § 1109; C.S. 1910, § 1210; C.S. 1920, § 1456; R.S. 1931, § 30-407; Laws 1935, ch. 41, § 1; 1939, ch. 100, § 1; C.S. 1945, § 27-607; W.S. 1957, § 18-116; Laws 1975, ch. 141, § 1; 1977, ch. 124, § 1; ch. 195, § 2; 1981, Sp. Sess., ch. 22, § 1; 2004, ch. 130, § 1.

The 2004 amendment substituted “W.S. 9-3-103 ” for “W.S. 9-1-118.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Editor's notes. —

Section 2, ch. 195, Laws 1977, would have amended provisions of W.S. 1957 similar to his section, effective January 1, 1978. However, § 1, ch. 124, Laws 1977, revised such provisions, also effective January 1, 1978.

Chapter 41, Laws 1935, consists of 5 sections and relates to fees and expenses of county attorneys, sheriffs, constables, witnesses and other public officers. For other sections of this act in this compilation, see the Table of Disposition of Acts.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

This section applies only when service is rendered for the county. Wyoming State Treasurer ex rel. Workmen's Compensation Dep't v. Christiansen, 491 P.2d 1251, 1971 Wyo. LEXIS 273 (Wyo. 1971).

§ 18-3-305. [Repealed.]

Repealed by Laws 1981, Sp. Sess., ch. 22, § 2.

Editor's notes. —

This section, which derived from Laws 1890, ch. 73, § 149, related to assistant prosecutors.

§ 18-3-401. Office created; election.

There shall be elected in each county a county clerk, who shall be a resident of the county in which the county clerk serves, beginning on the first day of the term and through the last day of the term for which the county clerk serves.

History. Laws 1890-91, ch. 54, § 1; 1895, ch. 73, § 1; R.S. 1899, § 1136; C.S. 1910, § 1237; C.S. 1920, § 1484; R.S. 1931, § 30-501; Laws 1937, ch. 85, § 2; C.S. 1945, § 27-701; W.S. 1957, § 18-118; Laws 1977, ch. 124, § 1; 2021, ch. 165, § 1.

The 2021 amendment , effective July 1, 2021, added ", who shall be a resident of the county in which the county clerk serves, beginning on the first day of the term and through the last day of the term for which the county clerk serves."

Editor's notes. —

The office of county clerk was originally created by ch. 28, C.L. 1876.

Chapter 85, Laws 1937, consisting of 13 sections, was a general law providing for the terms and election of county officers. Sections 1 (assessor) and 9 (elections) were repealed by § 3, ch. 164, Laws 1945, and § 21, ch. 127, Laws 1951, respectively. For the remaining sections appearing herein see the Table of Disposition of Acts.

Applicability. —

Laws 2021, ch. 165, § 2, provides: "The residency requirements of this act shall apply to elected or appointed county officers whose terms commence on or after the effective date of this act."

Allegation of malfeasance insufficient. —

Allegation at close of an indictment that a defendant county clerk “was then and there unlawfully and corruptly guilty of malfeasance” is insufficient. McCarthy v. Territory, 1 Wyo. 311, 1876 Wyo. LEXIS 18 (Wyo. 1876).

Nature of duties imposed by law. —

When duties are imposed upon a public officer, such as a county clerk, by law rather than by some appointing power, such duties are usually governmental and not ministerial. Denver Buick v. Pearson, 465 P.2d 512, 1970 Wyo. LEXIS 157 (Wyo. 1970).

When county clerk's bond protects; ministerial duties. —

A county clerk's bond protects if the official misappropriates public funds, because there would be no immunity in such a case. It also protects when a county clerk or his deputies default in the performance of ministerial duties. A duty is ministerial when the law prescribes the mode and occasion of its performance with such certainty that nothing is left to judgment or discretion — a duty not involving official discretion. Spaniol Ford, Inc. v. Froggatt, 478 P.2d 598, 1970 Wyo. LEXIS 216 (Wyo. 1970).

The issuance of a certificate of title to a motor vehicle by a county clerk is a governmental function. Spaniol Ford, Inc. v. Froggatt, 478 P.2d 598, 1970 Wyo. LEXIS 216 (Wyo. 1970).

The county clerk is cloaked with governmental immunity in the performance of such a duty. Spaniol Ford, Inc. v. Froggatt, 478 P.2d 598, 1970 Wyo. LEXIS 216 (Wyo. 1970).

Bonding company not liable if principal is immune from suit. —

There is no authority in this state for holding a county clerk's bonding company liable for an act or default of the county clerk when the county clerk is immune from suit. It would be an anomaly to hold the bonding company liable if its principal is not liable. Spaniol Ford, Inc. v. Froggatt, 478 P.2d 598, 1970 Wyo. LEXIS 216 (Wyo. 1970).

Liability on county clerk's bond. —

There can be no liability on a county clerk's bond unless the county clerk is liable for some default. In the absence of a statute imposing liability, a clerk is not liable for defaults or negligent acts of himself or deputies in the performance of governmental duties imposed by statute. Spaniol Ford, Inc. v. Froggatt, 478 P.2d 598, 1970 Wyo. LEXIS 216 (Wyo. 1970).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of county clerk or prothonotary, or surety on bond, for negligent or wrongful acts of deputies or assistants, 71 ALR2d 1140.

§ 18-3-402. Duties generally.

1. The county clerk shall:
   1. Act as clerk to the board of county commissioners and as such shall:
      1. Attend all sessions of the board of county commissioners either in person or by deputy;
      2. Keep the seal, records and papers of the board of county commissioners;
      3. Keep a record of all proceedings of the board;
      4. Make regular entries of all the board’s resolutions, orders and decisions in all questions coming before it;
      5. Sign all orders issued by the board for the payment of money and preserve and file all accounts acted upon by the board with a memorandum of its action thereon;
      6. Perform other duties as required by the board of county commissioners.
   2. Keep a record of all licenses, except marriage licenses, giving the names of the persons to whom such licenses are issued with the date, amount and purpose for which the license was issued;
   3. Keep blank county warrants or blank orders which shall be properly filled out before any warrants are delivered. He shall not deliver any warrant until it is properly signed by the chairman of the board of county commissioners, countersigned by the county treasurer and attested by himself with the county seal;
   4. Keep a seal provided  by the board of county commissioners, the impression, ink stamp or digital equivalent of  which shall contain the words “The State of Wyoming, County  Clerk”, together with the name of the county;
   5. Designate upon every account audited and allowed the amount allowed and file such accounts as well as those not allowed in separate accounts. He shall not sign or issue any county warrants unless ordered by the board of county commissioners. He shall number each warrant issued;
   6. Have custody and keep all books, records, deeds, maps, papers and copies thereof deposited or kept in his office as required by law. All deeds, mortgages, and other instruments in writing authorized by law to be recorded or filed in his office and left in his office shall be:
      1. Recorded in distinct handwriting or by typing, photostating, photographing, printing or other reproduction, either in whole or in part, in suitable books; or
      2. Recorded on microfilm, microcards or other permanent record retention medium. All reproduction processes shall be instituted and used pursuant to W.S. 9-2-413 . Maps may either be recorded as herein provided or if the copying is unlikely to provide a satisfactory record, the county clerk may keep the originals or tracings thereof, undamaged and unfolded and make prints available for public use.
   7. Record any deed containing a metes and bounds description which may be accompanied by a map prepared in compliance with law and delineating the land described in the deed. If a map delineating the land has been previously recorded, the deed may make reference to the recorded map;
   8. Require any person presenting a document for recording which is legible but not sufficiently clear to produce a readable copy to substitute a clear original or legible true copy of the original document;
   9. Keep in his office a general index, direct and inverted, in which he shall make correct entries of every instrument recorded or filed under appropriate headings, entering the names of the grantors and grantees in alphabetical order. He shall make correct entries in the index of every instrument required by law to be entered therein. He shall immediately note in the appropriate index whenever any mortgage, bond or other instrument has been released or discharged from record, whether by written release or by recording a deed of release;
   10. Keep a record specifying the time of reception, the names of the grantors, the names of the grantees, from whom received, to whom delivered and the fees received:
       1. Whenever any instrument is received for recording, immediately endorse upon the instrument his certificate, noting the day, hour and minute of its reception, the reference where recorded, the fees received for recording and date of record;
       2. The date of record of all instruments requiring recording or filing shall be the date of filing;
       3. Whenever any instrument has been filed the county clerk shall immediately make an entry of the same, and after the instrument requiring recording is recorded he shall immediately deliver it to the person authorized to receive it;
       4. No county clerk shall perform any of these duties unless any required fee has been paid.
   11. Keep abstract records in which all transfers and mortgages of real property and all liens upon real estate are briefly entered. All instruments affecting real estate and left for record or filed in the office shall be abstracted against all lands described in the instrument either directly or by reference to another properly recorded instrument as soon as practicable in the order in which received:
       1. The county clerk shall enter in the abstract all recorded transfers of real estate and all mortgages, construction liens and judgment liens;
       2. All abstract entries of land shall describe the legal division of land or subdivision, naming section, township and range according to the United States surveys when the same is described in the instrument filed for record. The abstract entries shall include:
          1. The name of the grantor or grantee;
          2. The name of the mortgagor or mortgagee or the parties thereto;
          3. The character of the instrument;
          4. The consideration stated in the instrument;
          5. The date of the instrument;
          6. The date of filing in the clerk’s office;
          7. The description of the premises;
          8. Repealed by Laws 2019, ch. 3, §  2.
       3. All abstract entries of town lots shall be made in a similar manner to those of lands and shall reference the number of the lot and block.
   12. File or file  and record every notice, abstract or statement of any lien or claim  or release or discharge thereof in favor of the United States or any  department or bureau thereof as provided by the laws of the United  States when any such instrument has been prepared in conformity to  the laws of the United States and is presented for filing or filing  and recording:
       1. The county clerk shall number such notices, abstracts or statements in the order in which they are filed and if they are required to be recorded he shall record them in accordance with subparagraph (xi)(B) of this subsection, with the character of the instrument being called “federal lien”;
       2. No fee shall be charged for the performance of these services and the failure to file, record or index properly the notice, abstract or statement shall not affect the validity or legality of any such lien, claim, release or discharge.
   13. Accept and use as official records, when furnished to him without charge, records containing printed forms of water right contracts, forms for subscription to the stock of corporations or associations whereby water rights are acquired and forms of deeds of water rights from all corporations and water user associations organized for constructing, maintaining or operating ditches, reservoirs or other water works for irrigation, mining, milling or power purposes;
   14. Issue certificates under the seal of the county relating to the selection or relinquishment of state or school lands required by the state board of land commissioners without requiring the payment of fees:
       1. At the request of the state board of land commissioners the county clerk shall record and abstract all contracts between the United States and the state of Wyoming. All deeds, relinquishments or assignments executed by the authority of the state board of land commissioners shall be executed under his seal without requiring the payment of fees.
   15. Endorse a certificate upon every bond or evidence of debt issued pursuant to law that the same is within the lawful debt limit of the county and is issued according to law. Such certificates shall be signed in his official character;
   16. Collect and remit to the county treasurer the following fees:
       1. Recording charges for any instrument — first page  . . . . . $12.00 Each additional page . . . . . $3.00
       2. Abstract of personal property (per year) . . . . . $1.00
       3. Acknowledgments  . . . . . $2.00
       4. Bond oath and notary public commission — first page  . . . . . $12.00 Each additional page . . . . . $3.00
       5. Military discharge and separation papers (first recording) . . . . . No Charge
       6. Marriage license  . . . . . $30.00
       7. Marriage license certified copy  . . . . . $5.00
       8. Repealed by Laws 2002, Sp. Sess., ch. 96, § 2.
       9. Certification  . . . . . $5.00
       10. State tax liens  . . . . . $20.00 (L) Release of state tax liens . . . . . INCLUDED IN FILING FEE
       11. Additional recording charge for any instrument with more than five (5) grantors or grantees of a different surname or more than five (5) claim names — each additional name . . . . . $1.00
       12. Additional recording charge for each section (including quarter and quarter-quarter, if applicable), block, lot or tract — description in excess of ten (10) . . . . . $1.00
       13. Plats filed (including cemeteries and amended plats)  . . . . . $75.00
       14. Liens filed pursuant to Title 29 — first page  . . . . . $12.00 Each additional page . . . . . $3.00
       15. Filing charge for each corner record or certificate  . . . . . $5.00
       16. Recording charge for any instrument containing more than two (2) real estate descriptions by book and page only — each additional description . . . . . $2.00
       17. Liens filed upon real property pursuant to W.S. 20-6-106(y) . . . . . $12.00 Each additional page . . . . . $3.00 Additional recording charge for each additional collateral description . . . . . $1.00
       18. For filing and indexing an original financing and termination statement  . . . . . $20.00 For each additional certificate of title upon which the lien is note for perfection . . . . . $1.00
       19. For statements of amendment, continuation or assignment  . . . . . $5.00
       20. For lien search and certification of filings of record and affixing the seal  . . . . . $20.00
       21. Repealed by Laws 2010, ch. 69, § 204.
   17. Permit any person authorized by the board of county commissioners of any new county or of any bonded abstract company, and at the expense of the new county or abstract company, to examine the records of all deeds, mortgages, maps and other instruments which affect any property located within the boundaries of the new county, and to transcribe,photograph or reproduce the same:
       1. The county clerk shall compare the transcribed,photographed or reproduced instruments in his office and shall certify to the county clerk of the new county or the abstract company that they are true and correct copies of the originals. The county clerk certifying the instruments shall not receive any additional payment for time spent in comparing and certifying the instruments. All expenses shall be paid by the new county;
       2. The county clerk of the new county or the bonded abstract company shall index and abstract all transcribed,photographed or reproduced instruments in accordance with paragraphs (vi) through (xii) of this subsection which shall be received in evidence and have the same effect as if they had been originally filed in the new county.
   18. Deliver upon the written demand of the county clerk of any new county all records containing abstracts of lands in townships lying wholly within the boundaries of the new county and all records containing abstracts of townsites and town lots lying wholly within the boundaries of the new county together with the plats of the townsites or town lots. When the county clerk of the new county has received the records and abstracts they shall become a part of the records of the new county and no further abstracts of the instruments are required;
   19. Repealed by Laws 2010, ch. 34, § 2.
   20. Deliver to his successor in office all books, records, papers and other items belonging to his office;
   21. Remit all monies coming into his office to the county treasurer;
   22. Perform other duties as prescribed by law, as county clerk and register of deeds;
   23. Perform all duties or general accounting required to implement the Uniform Municipal Fiscal Procedures Act [§§ 16-4-101 to 16-4-124 ];
   24. File maps as defined in W.S. 33-29-801 . The county clerk shall charge a fee of fifty dollars ($50.00) for filing the maps;
   25. If the county clerk accepts electronic recordings of deeds, mortgages, conveyances, patents, certificates, instruments and other like documents, establish procedures to govern the electronic recordings consistent with rules promulgated by the department of enterprise technology services pursuant to W.S. 34-1-405 .
2. No individual, corporation or governmental entity is exempt from payment of fees in advance.
3. A county clerk may charge a reasonable fee for a copy or a reproduction of a public record, but the fee shall not exceed the actual cost of duplication of the record. As used in this subsection, “actual cost of duplication” means the cost of materials and supplies used to duplicate or reproduce the record, but shall not include the cost of labor or the overhead associated with the duplication.
4. Each county clerk shall, after receiving a proposed budget for a special district or other specified entity under W.S. 9-1-507(a)(viii), ensure that the proposed budget is forwarded to the board of county commissioners and county assessor.

History. Laws 1888, ch. 90, § 59; 1890-91, ch. 43, § 1; ch. 54, §§ 2 to 7, 9 to 13, 15; 1895, ch. 7, § 2; ch. 76, § 15; R.S. 1899, §§ 1137, 1141 to 1146, 1148 to 1152, 1154 to 1156, 1215; Laws 1907, ch. 20, § 1; ch. 43, § 1; C.S. 1910, §§ 1127, 1238, 1242 to 1244, 1246, 1247, 1249 to 1254, 1259; Laws 1911, ch. 80, § 1; ch. 89, § 1; 1915, ch. 90, § 1; C.S. 1920, §§ 1361, 1485, 1489 to 1494, 1497, 1499 to 1501, 1503 to 1505, 1507 to 1509; Laws 1925, ch. 133, §§ 1, 2; R.S. 1931, §§ 30-101, 30-502, 30-507 to 30-512, 30-514, 30-515, 30-517 to 30-519, 30-521 to 30-523, 30-525 to 30-527, 118-114, 118-115; Laws 1939, ch. 71, § 1; C.S. 1945, §§ 27-702 to 27-707, 27-709 to 27-713, 27-715, 27-716, 27-718 to 27-725; Laws 1949, ch. 117 § 1; W.S. 1957, §§ 18-119 to 18-125, 18-127 to 18-131, 18-134, 18-143; Laws 1977, ch. 124, § 1; 1978, ch. 14, § 1; 1980, ch. 49, § 2; 1981, ch. 53, § 1; ch. 91, § 1; Sp. Sess., ch. 17, § 2; 1987, ch. 23, § 1; 1989, ch. 44, § 1; 1991, ch. 107, § 1; 1993, ch. 192, § 1; 1995, ch. 158, § 1; 2002 Sp. Sess., ch. 96, §§ 1, 2; 2004, ch. 130, § 1; 2009, ch. 168, § 206; 2010, ch. 34, § 2; ch. 69, § 204; 2013, ch. 11, § 2; 2016, ch. 60, § 2; 2017, ch. 62, § 2; 2019, ch. 3, §§ 1, 2; 2021, ch. 149, § 1.

Cross references. —

As to organization and formation of new counties generally, see §§ 18-1-301 to 18-1-320 .

As to duty of each county officer to keep office at county seat, see § 18-3-103 .

As to removal of records for purposes of copying see § 18-3-103 .

For provision that clerk shall be furnished office, see § 18-3-103 .

As to copies of instruments filed in office of clerk and transcripts of records kept by clerk as evidence, see § 18-3-104 .

For duty of county commissioners to provide county officers with stationery and supplies, see § 18-3-514 .

As to preparation of list of qualified trial jurors in new counties, see § 1-11-128 .

As to certificates of honorable discharge from military service of the United States being recorded by clerk without fee, see § 19-14-104 .

For provision requiring county clerk to record marriages in a book to be kept for that purpose, see § 20-1-103 .

As to recording of instruments concerning real estate, see §§ 34-1-118 , 34-1-119 .

As to deeds, mortgages and leases generally, see §§ 34-2-101 to 34-2-135 .

As to fee for recording certificate of priority issued in connection with adjudication of water rights with county clerk, see § 41-4-325 .

The 2004 amendment, in (a)(vi)(B), substituted “W.S. 9-2-413 ” for “W.S. 9-212.7:1”; and in (a)(xxiv), substituted “W.S. 33-29-139” for “W.S. 33-29-111 .”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2009 amendment, effective July 1, 2009, in (a)(xxii), deleted “either” preceding “as county clerk” and deleted “or as ex officio register of deeds” from the end.

The 2010 amendments. —

The first 2010 amendment, by ch. 34, § 2, repealed former (a)(xix), pertaining to requirement of county clerks to compile jury list information.

Laws 2010, ch. 34 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2010.

The second 2010 amendment, by ch. 69, § 204, effective July 1, 2010, repealed former (a)(xvi)(Y), pertaining to obsolete filing and indexing termination statements.

While neither amendment gave effect to the either, both have been given effect in this section as set out above.

The 2013 amendments. —

The first 2013 amendment, by ch. 11, § 2, effective July 1, 2013, substituted “33-29-801” for “33-29-139” in (a)(xxiv).

The second 2013 amendment, by ch. 77, § 1, effective July 1, 2013, in (a)(vii) substituted “five dollars ($5.00)” for “two dollars ($2.00)”; in deleted “or the county clerk may prepare a true copy by handwriting or typewriting and attach the same to the original as part of the document for making the permanent photographic record. The county clerk shall charge a fee of fifty cents ($.50) per one hundred (100) words for preparing a true copy,” rewrote (xvi); and in (xxiv) “fifty dollars ($50.00)” and “twenty-five dollars ($25.00).”

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2016 amendment , effective January 1, 2017, added (a)(xxv).

The 2017 amendment, effective July 1, 2017, added (d).

The 2019 amendments. —

The first 2019 amendment, by ch. 3, § 1, effective July 1, 2019, in (a)(i)(C), substituted “Keep a record of” for “Record in a book provided for that purpose”; in (a)(ii), substituted “record of” for “book in which are entered”; in (a)(iii), deleted “a book of” and “with a blank margin” and added “blank”; in (a)(iv), added “ink stamp or digital equivalent”; in (a)(vii), deleted “The county clerk shall charge a fee of five dollars ($5.00) for recording these maps”; in (a)(ix), deleted “in the proper column and opposite the entry”; in the introductory language in (a)(x), substituted “record” for “receiving book, each page of which is divided into six (6) columns,” in (a)(x)(A), substituted “reference” for “book and page”; in (a)(x)(C), deleted “writing the name of the person to whom it is delivered in the appropriate column”; in the introductory language in (a)(xi), substituted “records” for “books provided by the board of county commissioners”; in (a)(xi)(A), deleted “dark colored ink in” and “book”; in (a)(xi)(B), deleted “be made in a well bound properly ruled book which shall in the headlines” and substituted “abstract entries” for “book” and “include” for “conruled parallel columns in which shall be entered”; in (a)(xi)(C), substituted “and” for “but,” “reference” for “be in a separate book provided by the board of county commissioners and,” deleted “shall appear in the headlines”; in (a)(xii)(A), substituted “accordance with subparagraph (xi)(B) of this subsection, with the character of the instrument being called ‘federal lien’ ” for “a well bound book to be called ‘federal lien record.’ All instruments which require filing or recording shall be indexed alphabetically under the names of the persons named or affected in a well bound book called ‘index to federal liens’ ”; in (a)(xiii), substituted “records” for “record books” and “records” for “books,” added “to,” deleted “The charge for recording such instruments is ten cents ($.10) per folio of one hundred (100) words actually written in pen and ink or typewritten,” and made related changes; in the introductory language in (a)(xvii), substituted “transcribe, photograph or reproduce” for “transcribe or photograph,” and deleted “in books provided by the new county or abstract company”; in (a)(xvii)(A), in the first sentence, substituted “transcribed, photographed or reproduced” for “transcribed or photographed,” substituted “instruments” for “transcripts or photographs” and “any additional payment” for “fifty cents ($.50) per hour,” and added “not” after “shall”; in (a)(xvii)(B), deleted “in the proper books,” substituted “transcribed, photographed or reproduced” for “transcribed or photographed,” and added “in accordance with paragraphs (vi) through (xii) of this subsection”; in (a)(xviii), substituted “records” for “books of record” and “records” for “books.”

The second 2019 amendment, by ch. 3, § 2, effective July 1, 2019, repealed former (a)(xi)(B)(VIII), which read: “Other pertinent remarks as will show the instrument was properly witnessed and acknowledged.”

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2021 amendment , effective July 1, 2021, added “$” preceding the dollar values throughout (a)(xvi).

Editor's notes. —

There is no subparagraph (a)(xvi)(B), (a)(xvi)(I) or (a)(xvi)(V) in this section as it appears in the printed acts.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Effective date. —

Laws 2016, ch. 60 § 4, makes the act effective January 1, 2017. Approved March 4, 2016.

Applicability of section. —

Former section 18-142.1 requiring county clerk to compile list of qualified jurors was not applicable to a trial held in August, 1973, following the passage and approval of the section in March, 1973, because the section did not require its mandate to be fulfilled until the following January. Boyd v. State, 528 P.2d 287, 1974 Wyo. LEXIS 247 (Wyo. 1974), cert. denied, 423 U.S. 871, 96 S. Ct. 137, 46 L. Ed. 2d 102, 1975 U.S. LEXIS 2819 (U.S. 1975).

Construction.—

Use of the word shall in Wyo. Stat. Ann. § 29-6-206(a)(ii) (2017), as well as in Wyo. Stat. Ann. § 18-3-402(a)(xii), means the county clerk’s recording obligation is mandatory, not discretionary. Tuttle v. Lee, 2018 WY 104, 425 P.3d 998, 2018 Wyo. LEXIS 108 (Wyo. 2018).

Clerk authority.—

District court properly dismissed a property owner’s declaratory judgment action seeking to require a county clerk to remove a notice of federal tax lien (NFTL) from the property record where the clerk had a mandatory obligation under Wyo. Stat. Ann. §§ 29-6-206(a)(ii) and 18-3-402(a)(xii) to file the NFTL, and nothing in her general statutory authority or her authority under the Uniform Federal Lien Registration Act, Wyo. Stat. Ann. § 29-6-201 et seq. (2017), permitted her to independently question the underlying validity of the NFTL, remove it from the property record, or record a document declaring it invalid. Tuttle v. Lee, 2018 WY 104, 425 P.3d 998, 2018 Wyo. LEXIS 108 (Wyo. 2018).

Attendance at board proceedings. —

Although no detailed agenda was required for administrative meetings of board of county commissioners with its staff, county clerk was required to attend executive sessions to make minutes and preserve a record of those meetings. Fontaine v. Board of County Comm'rs, 4 P.3d 890, 2000 Wyo. LEXIS 92 (Wyo. 2000).

Liability on county clerk's bond. —

There can be no liability on a county clerk's bond unless the county clerk is liable for some default. In the absence of a statute imposing liability, a clerk is not liable for defaults or negligent acts of himself or deputies in the performance of governmental duties imposed by statute. Spaniol Ford, Inc. v. Froggatt, 478 P.2d 598, 1970 Wyo. LEXIS 216 (Wyo. 1970).

When county clerk's bond protects; ministerial duties. —

A county clerk's bond protects if the official misappropriates public funds, because there would be no immunity in such a case. It also protects when a county clerk or his deputies default in the performance of ministerial duties. A duty is ministerial when the law prescribes the mode and occasion of its performance with such certainty that nothing is left to judgment or discretion — a duty not involving official discretion. Spaniol Ford, Inc. v. Froggatt, 478 P.2d 598, 1970 Wyo. LEXIS 216 (Wyo. 1970).

Cost of new county records. —

In an action to fix the liabilities and property between an old and a new county carved therefrom, this section was cited to the effect that there was no provision therein for apportioning the cost of the new county in securing the records. Board of Comm'rs v. Board of Comm'rs, 25 Wyo. 172, 166 P. 674, 1917 Wyo. LEXIS 18 (Wyo. 1917).

Rule that subsequent grantee not required to search records anterior to vesting of title in his grantor not applicable in view of this section. —

The rule that a subsequent grantee is not required to search the records in point of time anterior to the vesting of the legal title in his grantor is based on the reason that a duty should not be imposed on him of examining the records indefinitely. Such rule does not apply in this state since this section 18-3-402 requires an abstract of each and every instrument left for record, so that anyone interested in any tract of land may turn to the proper page of the abstract, and find almost at a glance, a description of every instrument, whether anterior or subsequent to the vesting of the legal title in his grantor. Balch v. Arnold, 9 Wyo. 17, 59 P. 434, 1899 Wyo. LEXIS 3 (Wyo. 1899).

Presumption of compliance. —

Where petition in action against county alleged that plaintiff, a practicing physician, to save the life of a person who was injured, amputated his arm, and gave him proper surgical and medical attention, and that such medical and surgical attention was reasonably worth a certain sum; that plaintiff filed with the county clerk a verified claim, but that a copy of the claim was not attached to the petition, for the reason that it had been mislaid or lost, a reasonable construction of the petition showed that the account must have been presented for allowance in accordance with the statute. Board of Comm'rs v. Denebrink, 15 Wyo. 342, 89 P. 7, 1907 Wyo. LEXIS 14 (Wyo. 1907).

Prima facie evidence. —

Original instruments on file in county clerk's office as well as copies thereof are admissible as prima facie evidence. Universal Credit Co. v. Wyoming Motor Co., 59 Wyo. 80, 136 P.2d 512, 1943 Wyo. LEXIS 6 (Wyo. 1943).

Parol evidence permitted. —

Where this section 18-3-402 required the county clerk to record all proceedings of the county commissioners, a particular proceeding, omitted from the record, may be established by parol evidence, as the section did not make such record the only evidence of the official acts of the board. Board of Comm'rs v. Stone, 7 Wyo. 280, 51 P. 605, 1898 Wyo. LEXIS 3 (Wyo. 1898).

Applied in

Dorador v. State, 573 P.2d 839, 1978 Wyo. LEXIS 257 (Wyo. 1978).

Cited in

Board of Comm'rs v. Stone, 7 Wyo. 280, 51 P. 605, 1898 Wyo. LEXIS 3 (1898); Appel v. State ex rel. Shutter-Cottrell, 9 Wyo. 187, 61 P. 1015, 1900 Wyo. LEXIS 13 (1900); Board of County Comm'rs v. Denebrink, 15 Wyo. 342, 89 P. 7, 1907 Wyo. LEXIS 14 , 9 L.R.A. (n.s.) 1234 (1907); Board of County Comm'rs v. Patrick, 18 Wyo. 130, 104 P. 531, 1909 Wyo. LEXIS 26 (1909).

Law reviews. —

For a note dealing with title examination of conveyances by strangers to title, see 1 Wyo. L.J. 119.

See comment, “Subsidence Regulations,” VI Land & Water L. Rev. 543 (1971).

See article, “Governmental Immunity from Damage Actions in Wyoming,” VII Land & Water L. Rev. 229 (1972).

See comment, “Remedial Title Legislation for Wyoming,” VII Land & Water L. Rev. 561 (1972).

See “Mining Patent Application Procedure,” IX Wyo. L.J. 240.

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of requirement or practice of selecting prospective jurors exclusively from list of registered voters, 80 ALR3d 869.

Library References.

American Law of Mining, 2nd Edition § 92.03 (Matthew Bender).

§ 18-3-501. Composition; election for increasing the number; term; quorum; election for districting; procedures.

1. Each board of county commissioners shall consist of three (3) qualified electors who shall be elected in the following manner: at the general election held in the year 1980 and every fourth year thereafter, there shall be elected one (1) commissioner for a term of four (4) years and at the general election held in the year of 1978 and every fourth year thereafter there shall be elected two (2) commissioners for a term of four (4) years each. Any two (2) members of the board constitute a quorum and are competent to act. In addition to the other residency requirements imposed by this section, each county commissioner shall be a resident of the county in which the county commissioner serves, beginning on the first day of the term and through the last day of the term for which the county commissioner serves.
2. Notwithstanding subsection (a) of this section, any county may increase the membership of its board of county commissioners from three (3) to five (5) members if a proposition for the increase is submitted to a vote of the qualified electors of the county and a majority of those casting their ballots vote in favor of the increase. Additional offices created under this subsection shall be filled at the general election next following the election at which the increase was approved. At that general election, not more than one (1) commissioner shall be elected for a term of two (2) years, and the election ballots shall so state. Each term shall otherwise be four (4) years.
3. The proposition to increase the membership of the board of county commissioners shall be at the expense of the county and be submitted to the electors of the county upon receipt by the county clerk of a petition requesting the election signed by at least ten percent (10%) of the qualified electors of the county. To be counted the electors shall be registered voters when the completed petition is submitted for verification. The number of electors required shall be determined by the number of votes cast at the last general election. The election shall be at the direction and under the supervision of the county clerk. The petition shall be in substantially the following form:

   This petition is for the purpose of requesting an election to increase the membership of the board of county commissioners from three (3) to five (5) members. If a proposition for the increase is submitted to a vote of the qualified electors of the county and a majority of those casting their ballots vote in favor of the increase, the additional offices created shall be filled at the general election held in (year). The eligible registered electors supporting the petition and numbering not less than ten percent (10%) of the total number of votes cast at the last general election in the county for which this petition is filed, are as follows: (Signature) (Printed Name) (Residence Address) (Date) VERIFICATION OF CIRCULATORS I, do hereby certify that I am a circulator of this petition, and I solely and personally circulated this petition, that all the signatures appearing herein were made in my presence from (month) (day), (year) through (month) (day), (year), and to the best of my knowledge and belief such signatures are those of the persons whose names they purport to be. (Signature) (Residence Address)

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4. The proposition may be submitted at any general election . A notice of election shall be given in at least one (1) newspaper of general circulation published in the county wherein the election is to be held and shall specify the object of the election. The notice shall be published at least once each week for a thirty (30) day period preceding the election. At the election the ballots shall contain the words “for increasing the membership of the board of county commissioners from three (3) to five (5) members”, and “against increasing the membership of the board of county commissioners from three (3) to five (5) members”.
5. If a county votes to increase the membership of its board of county commissioners under subsection (b) of this section, three (3) members of the board constitute a quorum and are competent to act.
6. Any county may decrease the membership of its board of county commissioners from five (5) to three (3) members in the same petition and proposition process as an increase under subsections (b) and (c) of this section. The vote to decrease membership shall be in the general election preceding the election of three (3) commissioners. Notice of the election shall be given as provided in subsection (d) of this section.
7. Any county in which the electors vote to increase the number of county commissioners from three (3) to five (5) as provided by this section may be divided into five (5) districts if a proposition for districting is submitted to a vote of the qualified electorate of the county and a majority of those casting their ballots vote in favor of the districting. The proposition for districting shall be submitted to a vote in the manner provided by subsections (c) and (d) of this section. At the election, the ballot shall contain the words “for dividing the county into five (5) county commissioner election districts” and “against dividing the county into five (5) county commissioner election districts”. The proposition to increase the number of county commissioners and the proposition for districting may appear on the ballot at the same general election, however the ballots shall state that the proposition for districting is contingent upon approval of the proposition to increase the number of commissioners. The petition required by subsection (c) of this section may contain both the proposition to increase the number of commissioners and the proposition for districting, or the propositions may be circulated and submitted on separate petitions. If the proposition for districting is not approved, the commissioners shall represent the county on at-large basis.
8. If the proposition for districting is approved, the board of county commissioners shall devise a districting plan dividing the county into districts as nearly equal in population as practicable considering the geographic, economic and social characteristics of the county. The districting plan shall be made before March 1 next following the election at which the proposition for districting is approved and shall be effective as of March 1 the following year. The districting plan may provide that any commissioner elected after the effective date of the districting plan shall reside in and represent the district from which he is elected by the electors of that district, and, beginning January 1, 2012, that commissioners may serve at large or that district representation may be apportioned in any combination of single member, multi-member and at large representation, provided that in all cases commissioners represent a population as nearly equal as is practicable considering the geographic, economic and social characteristics of the county. Commissioners in office on the effective date of the districting plan shall serve the county at large until the regular expiration of their term. The districting plan shall designate which districts shall elect county commissioners in the general election next following the effective date of the districting plan. In any county in which the voters approved increasing the number of commissioners and districting at the same election, the districting plan shall also designate which district shall elect a county commissioner at the next general election for a term of two (2) years, as provided by subsection (b) of this section. The ballot shall state the term in the designated district to be for two (2) years. Thereafter, all terms shall be four (4) years.
9. Appeals from the actions of the boards of county commissioners shall be as provided by law.
10. If required to do so pursuant to a final court order or changes in population affecting the constitutionality of a current districting plan, the board of county commissioners may by resolution devise a districting or redistricting plan dividing the county into any number of districts necessary to meet the requirements of the court order or necessary to address the population changes. A districting or redistricting plan devised under this subsection may include single member or multi-member districts in which the candidates must reside and which are apportioned by population, districts in which candidates are elected at large, or any combination of districts in which candidates must reside and are apportioned by population or are elected at large provided that in all cases commissioners represent a population as nearly equal as is practicable considering the geographic, economic and social characteristics of the county. A districting or redistricting plan created under this subsection shall not be subject to a vote of the electors and shall go into effect after the next general election and shall be subject to the following:
    1. An initial districting plan created under this subsection shall provide for at least fifty-one percent (51%) of the commissioners to serve an initial term of two (2) years and the remainder to serve an initial term of four (4) years. Thereafter, all terms shall be four (4) years. The terms of all commissioners serving at the time of the approval of the districting plan shall expire at the end of the current year and all offices created under this subsection shall be filled at the general election held on the effective date of the districting plan;
    2. For a redistricting plan, commissioners in office on the effective date of the districting plan shall serve the county at large until the regular expiration of their term, if practical. The county commission shall determine whether honoring the four (4) year terms is practical.

History. C.L. 1876, ch. 28, art. I, § 8; Laws 1890-91, ch. 57, § 1; 1899, ch. 11, § 1; R.S. 1899, § 1056; Laws 1901, ch. 35, § 1; C.S. 1910, § 1162; C.S. 1920, § 1408; R.S. 1931, § 30-601; Laws 1937, ch. 85, § 3; 1939, ch. 39, § 1; C.S. 1945, § 27-801; W.S. 1957, § 18-144; Laws 1977, ch. 124, § 1; 1983, ch. 107, § 1; 1985, ch. 161, § 1; 2003, ch. 157, § 1; 2011, ch. 78, § 1; 2013, ch. 64, § 1; 2021, ch. 165, § 1.

The 2011 amendment, effective July 1, 2011, in (h), deleted “five (5)” preceding “districts” in the first sentence, and substituted the third sentence for the former one, which read: “Any commissioner elected after the effective date of the districting plan shall reside in and represent the district from which he is elected by the electors of that district”; and added (k).

The 2013 amendment, effective July 1, 2013, in (b) deleted “in odd-numbered years” in the second sentence, and deleted the third sentence; in (c) added the form; in (d) substituted the period for “or at an election date authorized under W.S. 22-21-103 ” in the first sentence; in (f) substituted “petition and proposition process” for “manner” in the first sentence, and deleted “ or at an election date authorized under W.S. 22-21-103 in the second sentence; in (g) substituted the comma for “or at an election date authorized under W.S. 22-21-103” in the fourth sentence.

The 2021 amendment , effective July 1, 2021, added the second sentence in (a).

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

The basic law establishing county officers and government was ch. 28, C.L. 1876.

Chapter 85, Laws 1937, was a general law relating to terms of county officers.

Applicability. —

Laws 2021, ch. 165, § 2, provides: "The residency requirements of this act shall apply to elected or appointed county officers whose terms commence on or after the effective date of this act."

Expenses. —

The county commissioners are entitled to the per diem compensation prescribed for the time actually and necessarily employed in going to and from regular and special meetings of the board. Board of Comm'rs v. Blakely, 20 Wyo. 259, 123 P. 72, 1912 Wyo. LEXIS 34 (Wyo. 1912).

One-year contracts. —

Contract with county agricultural agent for 3 year term is unauthorized, as it would extend to time when personnel of the board of county commissioners would be changed and contracts for expenditure of county funds must be limited to 1 year. Hyde v. Board of Comm'rs, 47 Wyo. 101, 31 P.2d 75, 1934 Wyo. LEXIS 9 (Wyo. 1934).

Propositions. —

Lawsuit was an election contest governed by Wyo. Stat. Ann. §§ 22-17-105 and 22-17-106 because it asked the court to (1) declare null and void an election in which voters passed a proposition returning the size of the county commission to three and (2) direct the county clerk to hold an election based on a board composed of five members. The remedy sought would have defeated the public interest in the stability and finality of election results and could only result from a declaration that the special election was void, which was the very essence of an election contest. Rock v. Lankford, 2013 WY 61, 301 P.3d 1075, 2013 Wyo. LEXIS 66 (Wyo. 2013).

Suit by three challengers to a ballot proposition that returned the size of the county commission to three was dismissed because the challengers failed to bring the contest within the time specified in Wyo. Stat. Ann. § 22-17-105 and through the five electors required. Rock v. Lankford, 2013 WY 61, 301 P.3d 1075, 2013 Wyo. LEXIS 66 (Wyo. 2013).

“Proposition” to be placed on the “ballot” under Wyo. Stat. Ann. § 18-3-501 (size of county commission) is in fact a “ballot proposition” under Wyo. Stat. Ann. §§ 22-17-105 and 22-17-106 . Rock v. Lankford, 2013 WY 61, 301 P.3d 1075, 2013 Wyo. LEXIS 66 (Wyo. 2013).

Quoted in

Mills v. Campbell County Canvassing Bd., 707 P.2d 747, 1985 Wyo. LEXIS 588 (Wyo. 1985).

Cited in

Bd. of County Comm'rs v. Geringer, 297 F.3d 1108, 2002 U.S. App. LEXIS 15353 (10th Cir. 2002).

Law reviews. —

For article, “Practitioner's Guide to Valuation and Assessment Appeals of State and Local Assessed Property,” see XXXII Land & Water L. Rev. 173 (1997).

Am. Jur. 2d, ALR and C.J.S. references. —

“At-large” elections as violation of § 2 of Voting Rights Act of 1965 (42 U.S.C. § 1973), 92 ALR Fed 824.

What changes in voting practices or procedures must be precleared under § 5 of Voting Rights Act of 1965 (42 U.S.C. § 1973c) — Supreme Court cases, 146 ALR Fed 619.

§ 18-3-502. Meetings in counties.

Each board of county commissioners shall meet at the county seat of their respective counties on the first Tuesday in each month or at such other times as may be designated by resolution of the board or when it is necessary to meet for the transaction of urgent county business.

History. C.L. 1876, ch. 28, art. I, § 9; R.S. 1887, § 1800; R.S. 1899, § 1057; Laws 1903, ch. 11, § 1; 1905, ch. 84, § 1; C.S. 1910, § 1163; C.S. 1920, § 1409; R.S. 1931, § 30-602; C.S. 1945, § 27-802; W.S. 1957, § 18-145; Laws 1977, ch. 124, § 1; ch. 195, § 2.

Editor's notes. —

Section 2, ch. 195, Laws 1977, would have amended provisions of W.S. 1957 similar to this section, effective January 1, 1978. However, § 1, ch. 124, Laws 1977, revised such provisions, also effective January 1, 1978.

Quoted in

Gold v. Board of County Comm'rs, 658 P.2d 690, 1983 Wyo. LEXIS 279 (Wyo. 1983).

Cited in

Board of Comm'rs v. Blakely, 20 Wyo. 259, 123 P. 72, 1912 Wyo. LEXIS 34 (1912).

§ 18-3-503. Length of sessions.

The board of county commissioners may sit four (4) days or longer at each regular session and two (2) days at each special session, but shall not receive any compensation for any length of time over four (4) days at regular sessions, and over two (2) days at special sessions.

History. Laws 1905, ch. 84, § 3; C.S. 1910, § 1165; C.S. 1920, § 1411; R.S. 1931, § 30-604; C.S. 1945, § 27-804; W.S. 1957, § 18-147; Laws 1977, ch. 124, § 1.

Expenses. —

Commissioners are only entitled to the per diem compensation for 4 days at regular meetings and 2 days at special meetings. Board of Comm'rs v. Blakely, 20 Wyo. 259, 123 P. 72, 1912 Wyo. LEXIS 34 (Wyo. 1912).

§ 18-3-504. Powers and duties generally.

1. Each board of county commissioners may:
   1. Make such orders concerning the property of the county as they deem expedient;
   2. Examine and settle all accounts of receipts and expenses of the county and examine, settle and allow all accounts against the county and issue county orders therefor as provided by law;
   3. Provide for the construction and maintenance of county buildings and insure them in the name of the county treasurer for the benefit of the county. If there are no county buildings they may provide suitable rooms for county purposes;
   4. Apportion and order the levying of taxes as provided by law;
   5. Represent the county, including but not limited to representing the county as a cooperating agency with special expertise in matters related to the National Environmental Policy Act and in federal land planning, implementation and management actions as provided for by W.S. 18-5-208(a), care for the county property and manage the business and concerns of the county in all cases where no provision is made by law;
   6. Lay out, alter or discontinue any road running through the county and for such purpose acquire the use of lands therein either by gift, prescription, dedication, the exercise of the right of eminent domain, purchase or lease and perform such other duties respecting roads as required by law;
   7. Grant licenses for keeping ferries, toll bridges and toll gates as prescribed by law;
   8. Perform such other duties as prescribed by law;
   9. By resolution, prohibit or authorize and regulate the operation of golf carts as defined by W.S. 31-5-102(a)(lxi) on public roads and streets within unincorporated areas of the county.
2. Each board of county commissioners may provide snow removal services on any roads within the county designated as school bus routes by the board of trustees of any school district in the county.
3. Each board of county commissioners shall provide for the burial or cremation of the human remains of any deceased person not receiving personal opportunities with employment responsibilities (POWER) assistance, supplemental security income or Medicaid under the Wyoming Public Assistance and Social Services Act at the time of death and without sufficient means in his own estate or other resources to provide burial or cremation. The amount paid under this subsection for burial or cremation shall not exceed one thousand five hundred dollars ($1,500.00). Each board shall account for the county expenses incurred under this subsection during a fiscal year. By August 1 of each year, a county may request reimbursement by the department of family services for the expenses incurred under this subsection for the preceding fiscal year. The department of family services shall reimburse the expenses in accordance with W.S. 35-1-428(c).
4. Each board of county commissioners shall, after receiving a proposed budget for a special district or other specified entity under W.S. 18-3-402(d), ensure that the proposed budget is posted on the appropriate area of the website of the county. The posting of the budget shall include the date, time and location of a special district budget session during which final action will be taken on the proposed budget. If a proposed budget is not provided to the county clerk as required by W.S. 9-1-507(a), the board of county commissioners may not approve funding of the special district mill levy. Upon approval of the mill levy for each special district, the final approved budget shall be posted on the appropriate area of the website of the county.
5. All bids and contracts for capital construction projects shall be in accord with the Wyoming contractor preference laws of title 16, chapter 6.

History. C.L. 1876, ch. 28, art. I, § 11; R.S. 1887, § 1801; R.S. 1899, § 1058; C.S. 1910, § 1166; Laws 1905, ch. 54, § 1; C.S. 1920, § 1412; R.S. 1931, § 30-605; C.S. 1945, § 27-806; Laws 1949, ch. 137, § 1; 1951, ch. 127, § 21; W.S. 1957, § 18-149; Laws 1977, ch. 124, § 1; 1978, ch. 19, § 1; 1981, ch. 174, § 2; 1986, ch. 83, § 1; 1991, ch. 235, § 1; 1997, ch. 59, § 1; ch. 196, § 1; 2012, ch. 13, § 1; 2013, ch. 45, § 1; ch. 134, § 1; 2017, ch. 62, § 2; 2021, ch. 33, § 1.

Cross references. —

As to tax levy and appropriations for predatory animal district, see § 11-6-210 .

As to powers and duties of commissioners concerning public highways, see § 24-1-104 .

As to regulation by commissioners of motor vehicle sizes and weight limits, see § 31-18-802 .

The 2012 amendment, inserted “including but not limited to representing the county as a cooperating agency with special expertise in matters related to the National Environmental Policy Act and in federal land planning, implementation and management actions as provided for by W.S. 18-5-208(a)” in (a)(v).

Laws 2012, ch. 13 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2012.

The 2013 amendments. —

The first 2013 amendment, by ch. 45, § 1, effective July 1, 2013, added (d).

The second 2013 amendment, by ch. 134, § 1, effective July 1, 2014, added (e).

This section is set out as reconciled by the Wyoming legislative service office.

The 2021 amendment , effective July 1, 2021, in (c), added "or cremation" following "the burial" in the first sentence and added the second through fifth sentences.

Public Assistance and Social Services Act. —

The Public Assistance and Social Services Act, referred to in subsection (c), means Laws 1937, ch. 88, §§ 1 through 48, which appeared as various sections throughout chapters 1 and 2 of title 42, before title 42 was revised in 1988. See Table of Disposition of Acts in Volume 11 and “Revision of title” note at beginning of title 42.

Applicability. —

Laws 2021, ch. 33, § 2, provides: “This act shall only apply to expenses incurred under W.S. 18-3-504(c), 19-14-101(a) and 42-2-103(c) on or after the effective date of this act.”

For discussion of legislative and judicial history of section, see Big Horn County Comm'rs v. Hinckley, 593 P.2d 573, 1979 Wyo. LEXIS 399 (Wyo. 1979).

In general. —

The board is empowered generally to represent the county, and have the management of the business and concerns of the county, in all cases where no other provision is made by law. Appel v. State, 9 Wyo. 187, 61 P. 1015, 1900 Wyo. LEXIS 13 (Wyo. 1900).

Implied contract, nonapplicability. —

County is not liable on theory of implied contract for benefits received, to contractor who constructed road upon oral authorization from individual members of board of county commissioners when same was not a county road. George W. Condon Co. v. Board of County Comm'rs, 56 Wyo. 38, 103 P.2d 401, 1940 Wyo. LEXIS 26 (Wyo. 1940).

Duty to settle accounts. —

It is the duty of the board of county commissioners of each county to examine and settle all accounts of the receipts and expenses of the county, and to examine, settle, and allow all accounts chargeable against the county, and, when so settled and allowed, to issue county orders therefor. Stoll v. Board of Comm'rs, 6 Wyo. 231, 44 P. 58, 1896 Wyo. LEXIS 8 (Wyo. 1896).

The board has power and authority to settle all accounts against the county. Houtz v. Board of Comm'rs, 11 Wyo. 152, 70 P. 840, 1902 Wyo. LEXIS 30 (Wyo. 1902).

Acts within scope of duties. —

Approving budgets and determining compensation for the county coroner's office are statutory functions expressly within the scope of duties required of a member of a board of county commissioners. Therefore allegations of insufficient budget allocations and determination of inadequate compensation levels could not form the basis of a claim for tortious conduct against members of a board of county commissioners. Veile v. Board of County Comm'rs, 860 P.2d 1174, 1993 Wyo. LEXIS 163 (Wyo. 1993).

Allowance of claims. —

Where county commissioners contracted with attorney to defend county in court actions, allowed claim for retainer and issued certificates of indebtedness, but later passed resolution that attorneys had not rendered service, cancelled certificates and ordered treasurer not to pay them, allowance of claim and issuance of certificates did not preclude county from contesting the claim, as certificates are merely orders on the treasurer to pay when funds available, and may be revoked and payment stopped if later a defense develops which justifies recision of contract. Treasurer in a mandamus action may plead the resolution and order of commissioners as his defense. State ex rel. Robertson Inv. Co. v. Patterson, 47 Wyo. 416, 38 P.2d 617, 1934 Wyo. LEXIS 36 (Wyo. 1934).

County road, implied establishment. —

County road cannot be established by implication through construction thereof under invalid agreement with members of board of county commissioners, individually, when road was not of statutory width and on completion was not taken over by commissioners. George W. Condon Co. v. Board of County Comm'rs, 56 Wyo. 38, 103 P.2d 401, 1940 Wyo. LEXIS 26 (Wyo. 1940).

Private roads. —

The board of county commissioners has no authority to take charge and control of a private road on behalf of the county since its powers are limited to duly established county roads. George W. Condon Co. v. Board of County Comm'rs, 56 Wyo. 38, 103 P.2d 401, 1940 Wyo. LEXIS 26 (Wyo. 1940).

Acquisition by prescriptive title authorized when purpose is to lay out road, etc. —

This section authorizes boards of county commissioners to acquire title to lands by prescription in furtherance of their purpose to lay out or alter a road. Rocky Mountain Sheep Co. v. Board of County Comm'rs, 73 Wyo. 11, 269 P.2d 314, 1954 Wyo. LEXIS 11 (Wyo. 1954).

Prescriptive title must be evidenced by more formal acts than public user or working of road by county. —

If a board of county commissioners relies upon the county's having obtained prescriptive title to lands within a right-of-way, or any part thereof, in order to avoid the payment of damage for their taking, the inception of such prescriptive title must be evidenced by more formal acts than the user of the road by the public or by the county's construction and maintenance of the road because, in order to be empowered to acquire such prescriptive title, the records of the county must show not only the survey plat of the road but also the proceedings of the board in relation to the road's location, establishment or alteration, thus making manifest the county's purpose to acquire the lands involved. Rocky Mountain Sheep Co. v. Board of County Comm'rs, 73 Wyo. 11, 269 P.2d 314, 1954 Wyo. LEXIS 11 (Wyo. 1954).

Purpose cannot be said to exist when records fails to show necessary action. —

When county records fail to show that board has taken action necessary to legally establish a public road under §§ 24-1-101 and 24-3-118 it cannot be said that the purpose to lay out or alter such road exists. Rocky Mountain Sheep Co. v. Board of County Comm'rs, 73 Wyo. 11, 269 P.2d 314, 1954 Wyo. LEXIS 11 (Wyo. 1954).

Compensation. —

Principle that the commissioners of county can only act as a board in transacting county business does not necessarily control question of their per diem compensation. Board of Comm'rs v. Blakely, 20 Wyo. 259, 123 P. 72, 1912 Wyo. LEXIS 34 (Wyo. 1912).

When mandamus lies to compel highway repair. —

Mandamus is recognized as a proper remedy to compel public officers to take care of and keep in repair public highways only when the exercise is so apparent and obvious that the refusal to act is the result of a determination not to discharge a plain duty. Board of County Comm'rs v. State, 369 P.2d 537, 1962 Wyo. LEXIS 73 (Wyo. 1962).

Transaction of business. —

While county commissioners can only transact business as a board, this does not necessarily control question of their per diem compensation, though such principle may properly be considered in determining meaning of provision allowing commissioners per diem pay. Board of Comm'rs v. Blakely, 20 Wyo. 259, 123 P. 72, 1912 Wyo. LEXIS 34 (Wyo. 1912).

Commissioners can only act as a board in the transaction of business of the county at the county seat, yet a commissioner in going from his home to the meeting and returning therefrom is employed in the duties of his office. Board of Comm'rs v. Blakely, 20 Wyo. 259, 123 P. 72, 1912 Wyo. LEXIS 34 (Wyo. 1912).

Applied in

Davis v. Board of County Comm'rs, 495 P.2d 21, 1972 Wyo. LEXIS 239 (Wyo. 1972).

Cited in

Board of County Comm'rs v. Chaplin, 5 Wyo. 74, 37 P. 370, 1894 Wyo. LEXIS 20 (1894); In re Fremont County, 8 Wyo. 1, 54 P. 1073, 1898 Wyo. LEXIS 21 (1898); Miller v. Campbell County, 722 F. Supp. 687, 1989 U.S. Dist. LEXIS 11685 (D. Wyo. 1989); Bd. of County Comm'rs v. Geringer, 297 F.3d 1108, 2002 U.S. App. LEXIS 15353 (10th Cir. 2002).

§ 18-3-505. Commissioners may authorize acceptance of negotiable paper in payment of fees; negotiable paper defined; no personal liability of county officers; date of payment; effect of dishonor; seizure.

1. Each board of county commissioners may except where expressly prohibited by law authorize any county officer, agent or employee to accept negotiable paper as defined in subsection (c) of this section including paper arising from the use of a lender credit card as defined in W.S. 40-14-140(a)(ix) in payment of any tax, assessment, license, permit, fee, fine or other money owing to the county or collectible by the county in behalf of the state or other unit of government, or in payment of any bail deposit or other trust deposit. Any fees assessed for processing a credit card payment may be borne by the county or person tendering payment. Any fees assessed for processing a credit card payment collected on behalf of the state shall be borne by the county or person tendering payment and not by the state. With respect to lender credit card transactions the county is entitled to promptly present all negotiable paper to the bank upon which the negotiable paper is drawn for payment without any right of setoff or defense on the part of the issuer except as follows:
   1. Acceptance by the county of an expired card;
   2. Acceptance of a card for payment of an amount in excess of what the issuer authorized the county to accept;
   3. Negotiable paper that is so improperly completed that the issuer cannot identify the card holder.
2. Any defense, claim or action that an individual using negotiable paper or a lender credit card might have against issuers of the card shall not apply to the county, its officers, agents or employees or relieve the individual of responsibility for payment.
3. As used in this section “negotiable paper” means money orders, checks and drafts, including, without limitation, sales drafts and checks and drafts signed by a holder of a lender credit card issued by a bank maintaining a revolving loan account as defined in W.S. 40-14-308 , for lender credit card holders.
4. Any county officer, agent or employee who accepts negotiable paper pursuant to and in conformity with authorization from the board of county commissioners is not personally liable if the paper is dishonored. Any losses arising from dishonored paper shall be allocated to the respective funds for which the negotiable paper was accepted. In the event of losses from dishonored paper when the county or any of its officers are collecting funds for the state or any other level or unit of government, such losses shall be allocated to and accepted by the governmental entity for whom the collections were made.
5. The acceptance of negotiable paper constitutes conditional payment for the amount owing. If the paper is not dishonored the payment shall be effective on the date the paper was accepted by the county officer, agent or employee. If the paper is dishonored in the course of collection the conditional payment is of no effect and any receipt, certificate or license issued upon acceptance of the negotiable paper is void. In the event any property including motor vehicle license plates is transferred or issued by the county or any of its officers, agents or employees upon acceptance of negotiable paper, and the paper is subsequently dishonored the county may rescind the transaction and a sheriff or other law enforcement officer may without prior court proceedings seize the property. Neither the rescission nor seizure relieves the person presenting the negotiable paper from further civil or criminal liabilities as may be provided by law.

History. Laws 1973, ch. 47, § 1; 1977, ch. 124, § 1; 1999, ch. 22, § 1; 2010, ch. 82, § 1.

The 2010 amendment, made stylistic change in (c).

Laws 2010, ch. 82, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo.Const. Approved March 9, 2010

§ 18-3-506. Seal; meetings open to public; rules and regulations.

Every board of county commissioners shall have a seal and may alter it. They shall sit with open doors and all persons conducting themselves in an orderly manner may attend their meetings. They may establish rules and regulations to govern the transaction of their business.

History. C.L. 1876, ch. 28, art. I, § 12; R.S. 1887, § 1802; R.S. 1899, § 1059; C.S. 1910, § 1167; C.S. 1920, § 1413; R.S. 1931, § 30-606; C.S. 1945, § 27-807; W.S. 1957, § 18-150; Laws 1977, ch. 124, § 1.

Cross references. —

As to seal kept by county clerks, see § 18-3-402(a)(iv).

In general. —

All meetings of the board are public. North Laramie Land Co. v. Hoffman, 30 Wyo. 238, 30 Wyo. 239, 219 P. 561, 1923 Wyo. LEXIS 43 (Wyo. 1923), aff'd, 268 U.S. 276, 45 S. Ct. 491, 69 L. Ed. 953, 1925 U.S. LEXIS 568 (U.S. 1925).

Stated in

State ex rel. State Hwy. Comm'n v. Meeker, 75 Wyo. 210, 294 P.2d 603, 1956 Wyo. LEXIS 10 (1956);School Dist. No. 9 v. District Boundary Bd., 351 P.2d 106, 1960 Wyo. LEXIS 56 (Wyo. 1960).

Cited in

Grand Island & N.W.R.R. v. Baker, 6 Wyo. 369, 45 P. 494, 1896 Wyo. LEXIS 21 , 34 L.R.A. 835 (1896).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction, and application of statutes making public proceedings open to the public, 38 ALR3d 1070, 34 ALR5th 591.

Attorney-client exception under state law making proceedings by public bodies open to the public, 34 ALR5th 591.

§ 18-3-507. Selection of chairman.

The board of county commissioners shall at the first meeting after their election or appointment elect one (1) member chairman, who shall preside at all meetings, except in his absence any of the other members may act as temporary chairman.

History. C.L. 1876, ch. 28, art. I, § 13; R.S. 1887, § 1803; R.S. 1899, § 1060; C.S. 1910, § 1168; C.S. 1920, § 1414; R.S. 1931, § 30-607; C.S. 1945, § 27-808; W.S. 1957, § 18-151; Laws 1977, ch. 124, § 1; 2010, ch. 82, § 1.

The 2010 amendment, made stylistic change.

Laws 2010, ch. 82, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2010.

Temporary chairman. —

When the chairman of the board of county commissioners is absent, the temporary chairman has authority to assist in making up the jury list. Askins v. Basil, 1933 OK 79, 162 Okla. 76, 19 P.2d 177, 1933 Okla. LEXIS 507 (Okla. 1933).

§ 18-3-508. Chairman to administer oaths and sign orders.

The chairman of the board of county commissioners may administer oaths to any person concerning any matter submitted to the board or connected with their powers and duties, and shall sign all county orders.

History. C.L. 1876, ch. 28, art. I, § 14; R.S. 1887, § 1804; R.S. 1899, § 1061; C.S. 1910, § 1169; C.S. 1920, § 1415; R.S. 1931, § 30-608; C.S. 1945, § 27-809; W.S. 1957, § 18-152; Laws 1977, ch. 124, § 1.

Cross references. —

As to officers authorized to administer oaths generally, see § 1-2-102 .

As to authority of commissioners generally to administer oaths, see § 1-2-102 .

As to manner and form of administering oath, see § 1-2-103 .

§ 18-3-509. Fire protection.

1. The board of county commissioners may provide fire protection for persons and property within the boundaries of the county, and may:
   1. Contract to give or receive fire protection to or from one (1) or more municipal corporations or private organizations;
   2. Provide fire protection jointly with one (1) or more municipal corporations or private organizations;
   3. Contribute toward the support of any fire department in return for fire protection service;
   4. Contract to participate in the emergency fire suppression account program pursuant to W.S. 36-1-401 through 36-1-404 .
2. The board of county commissioners of any county contracting with any municipal corporation, private organization or fire department in return for fire protection service may make an appropriation in its annual budget for the purchase of fire equipment or for the maintenance and support of the fire protection and may annually levy a tax of not more than one (1) mill on the taxable valuation of the property in the county except property within any incorporated city or town or rural fire district. The levy shall be made at the same time as other levies for county and school purposes and the proceeds from the levy shall be kept in a special fund by the county treasurer and used solely for the purpose of fire protection:
   1. The administration and expenditures of the special fund is the responsibility of the board of county commissioners. The board of county commissioners of any county entering into a contract with any municipal corporation or private organization shall provide that the municipal corporation or private organization shall reimburse the county for the use of fire fighting equipment on such terms as the contracting parties may agree.

History. Laws 1961, ch. 70, §§ 1, 2; 1977, ch. 124, § 1; 1982, ch. 9, § 1; 1986, ch. 51, § 2.

Editor's notes. —

There is no paragraph (b)(ii) in this section as it appears in the printed acts.

Counties may not regulate fireworks. —

Sections 35-10-203 , 18-3-509 , 35-9-401 through 35-9-402 , and 35-9-301 through 35-9-304 provide no grants of authority, express or implied, allowing counties to regulate fireworks. Dunnegan v. Laramie County Comm'rs, 852 P.2d 1138, 1993 Wyo. LEXIS 95 (Wyo. 1993).

§ 18-3-510. Claims against county to be itemized and verified; penalty.

1. No claim against the county shall be allowed by the board of county commissioners unless it is properly dated and itemized and the value of each item specifically described, and when no specified fees are allowed by law, the date that such services were rendered and the time actually and necessarily devoted to the performance of any service. Each claim shall be accompanied by an affidavit, stating that the claim is just and correct and that no part of the claim has been paid by the county or other person. The board of county commissioners may disallow any account, in whole or in part, when so rendered and verified, and may require further evidence of the truth and propriety of the claim. This section does not apply to claims under W.S. 1-39-101 through 1-39-120 .
2. The board of county commissioners shall be held responsible on their official bonds to the full amount of any claim allowed, to be recovered in an action of debt for the use of the county, should the evidence show that any part of any claim has been allowed by any board of county commissioners contrary to the provisions of this section.

History. Laws 1879, ch. 32, §§ 1, 2; R.S. 1887, §§ 1805, 1806; R.S. 1899, §§ 1062, 1063; C.S. 1910, §§ 1170, 1171; C.S. 1920, §§ 1416, 1417; R.S. 1931, §§ 30-609, 30-610; C.S. 1945, §§ 27-810, 27-811; W.S. 1957, §§ 18-153, 18-154; Laws 1977, ch. 124, § 1; 1979, ch. 157, § 2; 2010, ch. 82, § 1; 2017, ch. 41, § 1.

The 2010 amendment, substituted “1-39-121” for “1-39-119” in (a).

Laws 2010, ch. 82, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2010.

The 2017 amendment, effective July 1, 2017, in the last sentence of (a), substituted “1-39-120” for “1-39-121.”

Editor's notes. —

Section 1, ch. 32, Laws 1879, repealed § 15, art. I, ch. 28, C.L. 1876, and inserted this section in lieu thereof.

Condition precedent to action. —

Presentation to town of verified claim is necessary before commencement of action thereon against the town. Town Council of Hudson v. Ladd, 37 Wyo. 419, 263 P. 703, 1928 Wyo. LEXIS 15 (Wyo. 1928).

Reasonable construction. —

Where petition of a doctor alleged that verified claim had been filed with the county clerk, but that copy was not attached for the reason that it had been lost or mislaid, reasonable construction of the petition showed that the account must have been presented for allowance in accordance with statute. Board of Comm'rs v. Denebrink, 15 Wyo. 342, 89 P. 7, 1907 Wyo. LEXIS 14 (Wyo. 1907).

Requirements of presentment. —

Where attorney for one having claim against a county sent written communication to the board, demanding “recovery back” of certain money stated to have been paid into the county treasury under duress by 3 persons named, who had assigned claims against the county to the claimant but where communication was not verified, nor alleged to whom money had been paid, or other circumstances relative to the claim, there was no presentment authorizing the commissioners to act on it. Houtz v. Board of Comm'rs, 11 Wyo. 152, 70 P. 840, 1902 Wyo. LEXIS 30 (Wyo. 1902).

Removal of commissioner. —

To justify the removal of county commissioner for payment of claim for unitemized claims, neglect should involve willful design or indicate habitual inattention to public business, since not every technical violation of statute or official duty will justify summary removal. State v. Scott, 35 Wyo. 108, 247 P. 699, 1926 Wyo. LEXIS 11 (Wyo. 1926).

Am. Jur. 2d, ALR and C.J.S. references. —

Power of county or its officials to compromise claim, 15 ALR2d 1359.

Power to remit, release, or compromise tax claim, 28 ALR2d 1425.

Waiver of, or estoppel to assert, failure to give required notice of claim of injury to municipality, county, or other governmental agency or body, 65 ALR2d 1278.

Amount of damages stated in notice of claim against municipality or county as limiting amount of recovery, 24 ALR3d 965.

§ 18-3-511. Presentation, auditing and payment of claims; issuance of tax-anticipation warrants; limitation and form of warrants; effect of acceptance.

1. All claims and demands against a county shall be presented for audit and allowance to the board of county commissioners before any action in court is maintainable. All claims when allowed shall be paid by a county warrant or order drawn by the board on the county treasurer upon the proper funds in the treasury for the amount of the claims. The warrant or order shall be signed by the permanent or temporary chairman of the board, attested by the county clerk under the seal of the county, and countersigned and registered by the county treasurer. The warrant or order shall specify the amount of the claim or service and be numbered and dated in the order in which it is issued. Such warrants and orders are payable on demand and shall be drawn and issued upon the county treasurer only when there are sufficient monies in the appropriate fund in the treasury to pay such warrants and orders.
2. Whenever there are no monies in the proper fund of the county treasury to meet the necessary expenses of the county, the board of county commissioners may authorize county warrants and orders to be drawn and issued in anticipation of the collection of taxes already levied. The aggregate amount of such warrants or orders may not exceed eighty percent (80%) of the total amount of taxes levied. The warrants and orders so drawn and issued shall show that they are payable solely from the fund on which they are drawn and the taxes levied to form the fund when collected. These warrants and orders do not increase the indebtedness of the county.
3. County warrants and orders may be in such form as the county commissioners provide and made payable to the order of the payee or bearer. The person or persons to whom the warrants and orders are allowed and delivered are held to have accepted the same in full payment and satisfaction of the claim for which it was issued. The warrants shall be paid only from the fund drawn upon, and the collected taxes paid into the county treasury to create, constitute and form the fund. The taxes provided by law shall be paid into the fund until all warrants drawn are fully paid including principal and interest.

History. Laws 1893, ch. 33, § 1; R.S. 1899, § 1216; C.S. 1910, § 1128; C.S. 1920, § 1362; R.S. 1931, § 30-102; C.S. 1945, § 27-812; W.S. 1957, § 18-155; Laws 1977, ch. 124, § 1.

Editor's notes. —

As amended by § 1, ch. 33, Laws 1893, this section contained a proviso clause, reading as follows: “Provided, that the provisions of this law shall in nowise affect the lawful warrants and orders of any county, which were issued prior to the passage of this law, and are outstanding and unpaid, but such warrants and the debt thereof, unless ratified as independent debts, within the limitations of the constitution, as provided by law, and redeemed under the funding statutes shall be paid, both principal and interest, in the order of their registry, from the fund on which they were drawn.”

“Claims and demands.” —

The phrase “claims and demands” embraces all claims and demands based on money demand. Houtz v. Board of Comm'rs, 11 Wyo. 152, 70 P. 840, 1902 Wyo. LEXIS 30 (Wyo. 1902).

Acceptors of warrants limited to claim against fund againstwhich issued and not against general credit. —

The intent of this section is that when warrants or certificates of indebtedness are issued against a limited fund and the fund is exhausted, no further claim against the general credit of the county shall exist on the part of those who have accepted such warrants. Ballangee v. Board of County Comm'rs, 66 Wyo. 390, 212 P.2d 71, 1949 Wyo. LEXIS 18 (Wyo. 1949).

Debt limitation. —

The limitation of indebtedness imposed by art. 16, §§ 3, 4, Wyo. Const., providing that no county shall create any indebtedness exceeding 2 percent of the assessed value of property, and that no debt in excess of taxes for the current year shall be created by any county except by vote of the people, applies to all debts of the county, whether compulsory obligations imposed by law for salaries or bounties or voluntary obligations entered into for any purpose. Grand I. & N. W. R.R. v. Baker, 6 Wyo. 369, 45 P. 494, 1896 Wyo. LEXIS 21 (Wyo. 1896).

Proof of presentation and rejection. —

A court was without jurisdiction to enter judgment against an executrix in the absence of pleading and proof that the claim had been presented and rejected. Delfelder v. Farmers' State Bank, 38 Wyo. 481, 269 P. 418, 1928 Wyo. LEXIS 72 (Wyo.), reh'g denied, 38 Wyo. 481, 269 P. 418, 1928 Wyo. LEXIS 73 (Wyo. 1928).

Presentation to town. —

Presentation to town of verified claim is necessary before commencement of action thereon against the town. Town Council of Hudson v. Ladd, 37 Wyo. 419, 263 P. 703, 1928 Wyo. LEXIS 15 (Wyo. 1928).

Presumption of compliance. —

A petition for mandamus to compel chairman of board of commissioners to sign a warrant, which states that the board allowed petitioner's claim and ordered it paid, and the clerk drew warrant therefor, is not demurrable for failure to state that there were funds in the treasury to pay the same and that an itemized statement was filed, since on demurrer it will be presumed that the officers did not violate the law. Appel v. State, 9 Wyo. 187, 61 P. 1015, 1900 Wyo. LEXIS 13 (Wyo. 1900).

Reasonable construction of petition as in accordance with statute.—

Where in action against county, petition alleged that plaintiff, a practicing physician, in order to save the life of a person who was injured, amputated his arm, gave proper surgical and medical attention, and that such medical and surgical attention was reasonably worth a certain sum; that plaintiff filed with the county clerk a verified claim, but that a copy of the claim was not attached to the complaint for the reason that it had been mislaid, or lost, a reasonable construction of petition showed that account must have been presented for allowance in accordance with the statute. Board of Comm'rs v. Denebrink, 15 Wyo. 342, 89 P. 7, 1907 Wyo. LEXIS 14 (Wyo. 1907).

Disallowance of claims. —

Where county commissioners contracted with attorney to defend county in court actions, allowed claim for retainer and issued certificates of indebtedness, which were registered and assigned by payees for value, but later passed resolution to effect that attorneys had not rendered service, cancelled certificates and ordered treasurer not to pay them, allowance of claim and issuance of certificates did not preclude county from contesting claim, as certificates are merely orders on the treasurer to pay when funds available, and may be revoked and payment stopped if later a defense develops which justifies rescission of contract. Treasurer in mandamus action may plead the resolution and order of commissioners as his defense. State ex rel. Robertson Inv. Co. v. Patterson, 47 Wyo. 416, 38 P.2d 617, 1934 Wyo. LEXIS 36 (Wyo. 1934).

Creation of new county. —

The provisions of this section for audit and allowance does not apply to the adjustment of county debts and property between a parent county and one created out of part of its territory. In re Fremont County, 8 Wyo. 1, 54 P. 1073, 1898 Wyo. LEXIS 21 (Wyo. 1898).

Cited in

Board of County Comm'rs v. Rollins & Sons, 9 Wyo. 281, 62 P. 351, 1900 Wyo. LEXIS 19 (1900); Board of County Comm'rs v. Laramie County Sch. Dist. No. One, 884 P.2d 946, 1994 Wyo. LEXIS 144 (Wyo. 1994).

§ 18-3-512. [Repealed.]

Repealed by Laws 2011, ch. 129, § 207.

Editor's Notes. —

This section, which derived from Laws 1893, ch. 33, § 2; R.S. 1899, § 1217; C.S. 1910, § 1129; C.S. 1920, § 1363; R.S. 1931, § 30-103; C.S. 1945, § 27-813; W.S. 1957, § 18-156; Laws 1977, ch. 124, § 1, related to separate accounts to be kept for taxes levied and collected.

Laws 2011, ch. 129, § 601, makes the act effective July 1, 2011.

Repealing clauses. —

Section 3, ch. 33, Laws 1893, repealed all laws and parts of laws in conflict therewith.

Cited in

In re Fremont County, 8 Wyo. 1, 54 P. 1073, 1898 Wyo. LEXIS 21 (1898); Board of County Comm'rs v. Rollins & Sons, 9 Wyo. 281, 62 P. 351, 1900 Wyo. LEXIS 19 (1900).

§ 18-3-513. Appeal on disallowance of claim.

1. When any claim against a county is disallowed by the board of commissioners, the claimant may appeal the decision of the board to the district court for the county by serving a written notice of appeal on the clerk and chairman of the board within ten (10) days after the decision, and by executing a bond to the county with sufficient security, approved by the clerk of the board, conditioned for the faithful prosecution of the appeal and payment of all costs adjudged against the appellant.
2. When the appeal is perfected, the clerk of the board shall immediately give notice to the county attorney. The clerk shall make a brief return of the proceedings before the board with the decision properly certified and file the same together with the bond and all papers in the case in his possession with the clerk of the district court. The appeal shall be entered, tried and determined and costs awarded the same as appeals from circuit courts. This section does not apply to claims under W.S. 1-39-101 through 1-39-120 .

History. C.L. 1876, ch. 28, art. I, §§ 17, 18; R.S. 1887, §§ 1808, 1809; R.S. 1899, §§ 1064, 1065; C.S. 1910, §§ 1172, 1173; C.S. 1920, §§ 1418, 1419; R.S. 1931, §§ 30-611, 30-612; C.S. 1945, §§ 27-814, 27-815; W.S. 1957, §§ 18-157, 18-158; Laws 1977, ch. 124, § 1; 1979, ch. 157, § 2; 2004, ch. 42, § 1; 2010, ch. 82, § 1; 2017, ch. 41, § 1.

The 2004 amendment, in (b), substituted “circuit courts” for “justice courts.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

The 2010 amendment, substituted “1-39-121” for “1-39-119” in (b).

Laws 2010, ch. 82, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2010.

The 2017 amendment, effective July 1, 2017, in the last sentence of (b), substituted “1-39-120” for “1-39-121.”

Revocation of allowance of claim. —

Though county commissioners allowed claim and issued certificates of indebtedness, they may thereafter revoke allowance of claim and stop payment if they believe there is a defense to the claim. State ex rel. Robertson Inv. Co. v. Patterson, 47 Wyo. 416, 38 P.2d 617, 1934 Wyo. LEXIS 36 (Wyo. 1934).

Direct action in lieu of appeal. —

A claimant whose voucher to a city has been rejected may institute direct action for the recovery of the amount claimed, rather than proceeding under statute by appeal to the district court. Fanning v. City of Laramie, 402 P.2d 460, 1965 Wyo. LEXIS 144 (Wyo. 1965), commented on in 1 Land & Water L. Rev. 532 (1966).

Quoted in

Atlantic Richfield Co. v. Board of County Comm'rs, 569 P.2d 1267, 1977 Wyo. LEXIS 318 (Wyo. 1977).

§ 18-3-514. County officers to be provided with stationery and supplies.

Each board of county commissioners at the expense of the county shall annually furnish to the county assessor and county treasurer suitable blank books and forms necessary for their respective offices prepared in accordance with law. The board shall also provide suitable books and stationery for each of the county officers together with appropriate cases, equipment and furniture for the safe and convenient keeping of all the officer’s books, documents and papers and shall provide official seals when required by law.

History. C.L. 1876, ch. 28, art. I, § 19; R.S. 1887, § 1810; R.S. 1899, § 1066; C.S. 1910, § 1174; C.S. 1920, § 1420; R.S. 1931, § 30-613; C.S. 1945, § 27-816; W.S. 1957, § 18-159; Laws 1977, ch. 124, § 1; 2019, ch. 3, § 1.

Cross references. —

As to public printing and supplies, with reference to the state generally, see § 16-6-301 .

The 2019 amendment, effective July 1, 2019, in the second sentence, added “equipment” after “cases.”

§ 18-3-515. Preparation and publication of annual statements.

Each board of county commissioners at their regular July meeting shall request a statement of the receipts and expenditures of the county during the preceding twelve (12) months setting forth the source and amount of all receipts and the purpose and the amount of all expenditures to be prepared upon reconciliation of all accounts by the county treasurer and county clerk, not later than September 30. The statement shall be signed by the chairman and clerk of the board and shall be posted on the county’s designated official website in the manner provided in W.S. 18-3-516(f) and published at least once in the county’s designated official newspaper.

History. C.L. 1876, ch. 28, art. I, § 20; R.S. 1887, § 1811; R.S. 1899, § 1067; C.S. 1910, § 1175; C.S. 1920, § 1421; R.S. 1931, § 30-614; C.S. 1945, § 27-817; W.S. 1957, § 18-160; Laws 1977, ch. 124, § 1; 1985, ch. 34, § 1; 2010, ch. 34, § 1; 2014, ch. 85, § 1.

The 2010 amendment, substituted “request a statement” for “have prepared a statement”; inserted “to be prepared upon reconciliation of all accounts by the county treasurer and county clerk, not later than September 30”; and substituted “of general circulation” for “printed.”

Laws 2010, ch. 34 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2010.

The 2014 amendment, effective July 1, 2014, in the last sentence, inserted “posted on the county's designated official website in the manner provided in W.S. 18-3-516(f) and,” substituted “once in the county's designated official” for “two (2) times in a,” and deleted “of general circulation in the county, or if there is none, by posting the statement in three (3) public places in the county.”

§ 18-3-516. Publication of proceedings; publication of salary information of certain officials and employees.

1. Each board of county commissioners shall post a comprehensive summary of the entire proceedings of all regular and special meetings held by the board on the county’s official website in the manner provided in subsection (f) of this section and publish the comprehensive summary of the entire proceedings of all regular and special meetings held by them one (1) time in the county’s designated official newspaper. The county clerk of each county shall within twelve (12) working days after adjournment of every meeting for which the next scheduled meeting will be called to order in two (2) weeks time or less, or within eighteen (18) working days after adjournment of every meeting for which the next scheduled meeting will be called to order in more than two (2) weeks time, furnish the paper with a copy of the proceedings. Except for salaries and wages published under subsection (b) of this section, the copy shall include any bill presented to the board stating the amount of the bill, the amount allowed, the purpose of the bill and the claimant. Claims for part-time employees may be summarized by department without listing each part-time employee. The newspaper shall publish the copy of proceedings within nine (9) days after receipt. The board shall post on its official website, and if practicable publish, notice of the time of all regular and special meetings.
2. Each board of county commissioners shall post on the county’s official website in the manner provided in subsection (f) of this section and publish separate from the minutes of the proceedings:
   1. Within sixty (60) days after the end of each fiscal year, the name, position, base annual salary of and amount of overtime pay paid to each full-time employee and each elected official. A brief statement shall accompany the salary publication specifying that all salaries are listed as base annual salaries or actual wages, not including any benefits such as health insurance costs, life insurance benefits and pension plans. The statement shall also indicate that any overtime that the employee earned and was paid by the county is included.
   2. Repealed by Laws 2014, ch. 85, §  2.
3. Repealed by Laws 2014, ch. 85, §  2.
4. Subsection (b) of this section shall not apply to undercover personnel working in the law enforcement field.
5. Any nonprofit corporation which receives at least twenty-five percent (25%) of its total annual budget from county funds, state funds or both in combination shall annually submit a list of all full-time positions employed by the corporation and the wages and salaries paid each position, without the name of the employee, to the commission, board, council or agency from which the funds are received.
6. For all publications required by statute to be posted on a county’s official website, the publication shall be posted at times required for publication in a designated official newspaper. Until June 30, 2016, each board of county commissioners shall cause to be published in the designated official newspaper once per month, no less than twelve (12) times per year, a general public notice pertaining to access to county information. After June 30, 2016, this general public notice shall be published at least once per year.

History. Laws 1877, p. 92, § 1; R.S. 1887, § 1814; R.S. 1899, § 1070; C.S. 1910, § 1178; C.S. 1920, § 1424; R.S. 1931, § 30-617; C.S. 1945, § 27-821; W.S. 1957, § 18-161; Laws 1977, ch. 124, § 1; 1983, ch. 54, § 1; 1986, ch. 44, § 1; 2004, ch. 130, § 1; 2007, ch. 82, § 1; 2014, ch. 85, §§ 1, 2; 2015, ch. 131, § 1; 2020, ch. 36, § 1.

The 2004 amendment, in (b)(i), inserted “that” following “wages do not include any overtime.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2007 amendment, in (a), substituted “twelve (12) working days after adjournment of every meeting for which the next scheduled meeting will be called to order in two (2) weeks time or less, or within eighteen (18) working days after adjournment of every meeting for which the next scheduled meeting will be called to order in more than two (2) weeks time” for “twelve (12) days after adjournment of every meeting.”

Laws 2007, ch. 82, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, § 8 of the Wyoming Constitution. Approved February 21, 2007.

The 2020 amendment, effective July 1, 2020, in (b)(i) substituted “position, base annual salary of and amount of overtime pay paid to each” for “position and gross monthly salary of each,” “base annual salaries or actual wages” for “gross monthly salaries or actual monthly wages,” “benefits” for “fringe benefits,” “any overtime that the employee earned and was paid” for “the salaries or wages do not include any overtime that the employee may earn which would be paid,” and added “is included” at the end.

The 2014 amendments. —

The first 2014 amendment, by ch. 85, §§ 1, 2, effective July 1, 2014, in (a), rewrote the first sentence; inserted “port on its official website, and” following “board shall”; in the introductory paragraph of (b), inserted “post on the county's official website in the manner provided in subsection (f) of this section and” following “shall”; rewrote (b)(i); repealed former (b)(ii) which read: “During March of each year, a complete list of all chief administrative officials, assistant administrative officials, elected officials, department heads and full-time employees of the county specified by name and position, excluding salaries”; repealed former (c) which read: “As used in this section, 'department head' means any employee responsible for the operation of a major functional area of county government including any independently elected official”; and added (f).

The second 2014 amendment, by ch. 93, § 1, effective July 1, 2014, added (f).

This section is set out as reconciled by the Wyoming legislative service office.

The 2015 amendment, in (b)(i), deleted “and” at the end, and made a related change.

Laws 2015, ch. 131, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

In general. —

All proceedings of the board must be published immediately. North Laramie Land Co. v. Hoffman, 30 Wyo. 238, 30 Wyo. 239, 219 P. 561, 1923 Wyo. LEXIS 43 (Wyo. 1923), aff'd, 268 U.S. 276, 45 S. Ct. 491, 69 L. Ed. 953, 1925 U.S. LEXIS 568 (U.S. 1925).

Stated in

State ex rel. State Hwy. Comm'n v. Meeker, 75 Wyo. 210, 294 P.2d 603, 1956 Wyo. LEXIS 10 (1956).

§ 18-3-517. Designation of official paper.

When there is more than one (1) paper published in any county the board of county commissioners shall designate which one is the official paper of the county.

History. Laws 1877, p. 93, § 6; R.S. 1887, § 1817; R.S. 1899, § 1071; C.S. 1910, § 1179; C.S. 1920, § 1425; R.S. 1931, § 30-618; C.S. 1945, § 27-822; W.S. 1957, § 18-162; Laws 1977, ch. 124, § 1.

In general. —

It is the duty of the board of commissioners to designate an official paper of the county, where there is more than 1 paper published in the county. Appel v. State, 9 Wyo. 187, 61 P. 1015, 1900 Wyo. LEXIS 13 (Wyo. 1900).

Designation by commissioners. —

It is duty of board of county commissioners to designate official paper where more than 1 paper is published within county. Appel v. State, 9 Wyo. 187, 61 P. 1015, 1900 Wyo. LEXIS 13 (Wyo. 1900).

Treasurer's discretion. —

The county treasurer may publish notice of sale of real property for delinquent taxes in any paper he may select, and the county is liable for the publication, as he is not bound to use the official paper. Albany County v. Chaplin, 5 Wyo. 74, 37 P. 370, 1894 Wyo. LEXIS 20 (Wyo. 1894).

Notice of tax sales. —

County treasurer may publish notice of sale of realty for delinquent taxes in any paper he may select which need not be the official paper, and county is liable for the publication. Albany County v. Chaplin, 5 Wyo. 74, 37 P. 370, 1894 Wyo. LEXIS 20 (Wyo. 1894).

§ 18-3-518. Legal advertising; rates; type size requirements; “daily newspaper”; “weekly newspaper.”

1. Legal advertising required by law to be published shall be purchased at a rate not to exceed the amount charged by a daily newspaper at the lowest rate for display advertising or by a weekly newspaper at the open local display advertising rate. Weekly newspapers shall grant customary discounts or contractual rates to any local government fulfilling the requirements necessary to qualify for the discount or rate. Legal advertising shall be in the same type size used by that publisher in regular classified advertising columns, provided that such type size shall be no larger than nine (9) point type, with spacing between lines not to exceed one-half (1/2) point leading.
2. As used in this section, “daily newspaper” means a newspaper published regularly at least five (5) times each week and “weekly newspaper” means a newspaper published regularly not more than five (5) times each week and at least once a week.

History. Laws 1897, ch. 73, § 1; R.S. 1899, § 1080; C.S. 1910, § 1075; Laws 1919, ch. 9, § 1; C.S. 1920, § 1308; R.S. 1931, § 29-309; C.S. 1945, § 27-823; Laws 1949, ch. 73, § 1; 1957, ch. 59, § 1; W.S. 1957, § 18-163; Laws 1971, ch. 84, § 1; 1977, ch. 91, § 1; ch. 124, § 1; 1983, ch. 54, § 1.

Cross references. —

As to public printing and supplies, with reference to the state generally, see § 16-6-301 .

Editor's notes. —

Section 18-3-518 , which was enacted by § 1, ch. 124, Laws 1977, has been deleted and § 18-163, W.S. 1957, which was amended by § 1, ch. 91, Laws 1977, by rewriting the first sentence and adding the second sentence, now appears as § 18-3-518 .

Constitutionality. —

The amendatory act in connection with the original act did not violate art. 1, §§ 20, 30, 31, 34, 35 and art. 3, §§ 24, 27, 31, Wyo. Const.In re Gillette Daily Journal, 44 Wyo. 226, 11 P.2d 265, 1932 Wyo. LEXIS 20 (Wyo. 1932).

Title of act. —

The title of this act amending § 18-3-519 “An act to amend and reenact § 1310, Wyoming Compiled Statutes, 1920, relating to and defining legal newspapers” was not in violation of art. 3, § 24, Wyo. Const.In re Gillette Daily Journal, 44 Wyo. 226, 11 P.2d 265, 1932 Wyo. LEXIS 20 (Wyo. 1932).

Cited in

Board of County Comm'rs v. Chaplin, 5 Wyo. 74, 37 P. 370, 1894 Wyo. LEXIS 20 (1894); Pirie v. Kamps, 68 Wyo. 83, 229 P.2d 927, 1951 Wyo. LEXIS 18 , 26 A.L.R.2d 647 (1951).

§ 18-3-519. Requirements as to newspaper publishing legal notices.

1. The publication of any legal notice, printing or advertising required by law is without force or effect unless published in a newspaper which has been regularly issued at least once each week for a period of fifty-two (52) consecutive weeks prior to the date of the first publication of the notice or advertisement, has a paid circulation of at least five hundred (500) and each page is not less than ten (10) inches by twelve and one-half (12.5) inches in size.
2. The provisions of this section shall not apply in counties where no newspaper has been regularly issued for fifty-two (52) consecutive weeks, where there is only one (1) newspaper in the county, or in any county where no newspaper meets the requirements of this section.

History. Laws 1897, ch. 73, § 4 [3]; R.S. 1899, § 1082; C.S. 1910, § 1077; C.S. 1920, § 1310; Laws 1931, ch. 85, § 1; R.S. 1931, § 29-311; C.S. 1945, § 27-825; Laws 1951, ch. 84, § 1; W.S. 1957, § 18-165; Laws 1977, ch. 124, § 1; 2005, ch. 116, § 1.

Cross references. —

As to publication of notice generally, see §§ 1-6-201 to 1-6-204 .

The 2005 amendment, in (a), substituted “twelve and one-half (12.5) inches” for “fourteen (14) inches,” and made a stylistic change.

Laws 2005, ch. 116, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 24, 2005.

Constitutionality. —

The amendatory act in connection with the original act did not violate art. 1, §§ 20, 30, 31, 34, 35 and art. 3, §§ 24, 27, 31, Wyo. Const.In re Gillette Daily Journal, 44 Wyo. 226, 11 P.2d 265, 1932 Wyo. LEXIS 20 (Wyo. 1932).

Constitutionality of section. —

This section is a special law giving special privileges in contravention of art. 3, § 27, Wyo. Const. It confers particular privileges upon certain merchants and publishers, and imposes peculiar disabilities and burdensome conditions on other merchants and publishers, all of whom stand in the same relation to the law. It was not within the power of the legislature to evade the operation of the constitutional provisions by creating an arbitrary and unnatural distinction between persons thus related to the law. Pirie v. Kamps, 68 Wyo. 83, 229 P.2d 927, 1951 Wyo. LEXIS 18 (Wyo. 1951).

Where a newspaper meets the requirements of this section it cannot raise the constitutionality of the 1931 amendment. In re Gillette Daily Journal, 45 Wyo. 173, 17 P.2d 665, 1933 Wyo. LEXIS 4 (Wyo. 1933).

This section does not deprive anyone of his life or his property under art. 1, § 6, Wyo. Const.Pirie v. Kamps, 68 Wyo. 83, 229 P.2d 927, 1951 Wyo. LEXIS 18 (1951). See also In re Gillette Daily Journal, 44 Wyo. 226, 11 P.2d 265, 1932 Wyo. LEXIS 20 (Wyo. 1932).

Interveners cannot claim unconstitutionality of act. —

In an action by a newspaper to have it declared a legal newspaper to which other newspapers intervened, the interveners cannot claim the unconstitutionality of the act on appeal. In re Gillette Daily Journal, 45 Wyo. 173, 17 P.2d 665, 1933 Wyo. LEXIS 4 (Wyo. 1933).

Title of act. —

Title of this act amending this section, “An act to amend and reenact § 1310, Wyoming Compiled Statutes, 1920, relating to and defining legal newspapers,” was not in violation of art. 3, § 24, Wyo. Const.In re Gillette Daily Journal, 44 Wyo. 226, 11 P.2d 265, 1932 Wyo. LEXIS 20 (Wyo. 1932).

Ordinary newspaper not privileged over tabloid. —

The aim of a statute relating to legal publications is, or should be, to have these publications made in a newspaper which is of general circulation in the community, so as to be generally read and so that the contents of the notice may be brought home to the public generally. No reason exists to give the publisher of an ordinary and standard newspaper a special privilege over that granted to the publisher of a tabloid newspaper if legal notices inserted in the newspaper of the latter subserve that general aim and the tabloid newspaper is regularly published for the length of time required by this section and has the required circulation. Pirie v. Kamps, 68 Wyo. 83, 229 P.2d 927, 1951 Wyo. LEXIS 18 (Wyo. 1951).

Giving a strict and the ordinary construction to the term “page,” as used in this section, a tabloid newspaper would not be a legal newspaper within the meaning of this section, although that might not be true if it is liberally construed. Pirie v. Kamps, 68 Wyo. 83, 229 P.2d 927, 1951 Wyo. LEXIS 18 (Wyo. 1951).

But whether a newspaper is one of general circulation is a matter of substance and not of size. Pirie v. Kamps, 68 Wyo. 83, 229 P.2d 927, 1951 Wyo. LEXIS 18 (Wyo. 1951).

This section prescribes under what circumstances a published notice shall have the effect of a legal notice. The legislature has undoubtedly the right, in exercising the sovereign or police power of the state, to make reasonable regulations in regard to legal notices. The publication thereof is not a right, but at most a privilege, which the legislature bestows, and which it can modify or take away. In re Gillette Daily Journal, 44 Wyo. 226, 11 P.2d 265, 1932 Wyo. LEXIS 20 (Wyo. 1932); Pirie v. Kamps, 68 Wyo. 83, 229 P.2d 927, 1951 Wyo. LEXIS 18 (Wyo. 1951).

This section does not prohibit the entering into a contract between the owner of a tabloid newspaper and the plaintiff or anyone else. Whether or not a publication made pursuant to such contract shall have the effect of a legal notice is a collateral matter. Still, to say that the right to have a notice published in a certain paper, and have it recognized as a legal notice, is part of the liberty of the people under art. 1, § 6, Wyo. Const., possibly stretches the term “liberty” too far. Pirie v. Kamps, 68 Wyo. 83, 229 P.2d 927, 1951 Wyo. LEXIS 18 (Wyo. 1951).

Cited in

Board of County Comm'rs v. Chaplin, 5 Wyo. 74, 37 P. 370, 1894 Wyo. LEXIS 20 (1894); State v. Pitet, 69 Wyo. 478, 243 P.2d 177, 1952 Wyo. LEXIS 14 (1952).

Am. Jur. 2d, ALR and C.J.S. references. —

Application of requirement that newspaper be locally published for official notice publication, 85 ALR4th 581.

§ 18-3-520. Restrictions upon employment of attorneys.

No attorney shall be employed by the board of county commissioners except as provided by W.S. 18-2-110 and the nature and necessity of such employment shall appear in the record of the board.

History. Laws 1879, ch. 8, § 2; R.S. 1887, § 1797; R.S. 1899, § 1079; C.S. 1910, § 1073; C.S. 1920, § 1306; R.S. 1931, § 29-307; C.S. 1945, § 27-826; W.S. 1957, § 18-166; Laws 1977, ch. 124, § 1; 2004, ch. 130, § 1.

Cross references. —

For additional provision relating to employment of attorneys, see § 18-3-302 .

The 2004 amendment substituted “W.S. 18-2-110 ” for “W.S. 18-2-107 .”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Cited in

Appel v. State ex rel. Shutter-Cottrell, 9 Wyo. 187, 61 P. 1015, 1900 Wyo. LEXIS 13 (1900).

§ 18-3-521. Appropriation to encourage industrial development; advertising county resources.

Each board of county commissioners may make appropriations from the county general fund for advertising the resources of the county, for furthering its industrial development or for encouraging exhibits at fairs, expositions and conventions. The appropriation shall not be for the express aid of any private citizen, firm or corporation.

History. Laws 1909, ch. 153, § 1; C.S. 1910, § 1336; C.S. 1920, § 1585; R.S. 1931, § 3-101; C.S. 1945, § 27-827; W.S. 1957, § 18-167; Laws 1977, ch. 124, § 1; 1979, ch. 86, § 1.

Cross references. —

As to the Wyoming Business Council, see § 9-12-101 et seq.

As to power of governing body of city or town to appropriate funds for advertisement of resources, see § 15-1-111 .

As to powers of municipalities and counties in relation to industrial development projects, see § 15-1-701 .

Repealing clauses. —

Section 3, ch. 153, Laws 1909, repealed all laws and parts of laws in conflict therewith.

§ 18-3-522. Membership in organizations for furtherance of good government.

Each board of county commissioners may take out a county membership and cooperate with associations and organizations of other counties or county officials within or without this state for the furtherance of good government and the protection of county interests. The cost of membership may be paid with county funds.

History. Laws 1945, ch. 136, § 1; C.S. 1945, § 27-828; W.S. 1957, § 18-168; Laws 1977, ch. 124, § 1.

§ 18-3-523. Removal from office.

1. If any county commissioner refuses or neglects without just cause to perform any duties required of him as a member of the board of county commissioners or knowingly commits any act which by law is in violation of his official oath and bond, charges in writing may be made against him before the district judge of the district in which the county is situated. Notice of filing and a copy of the charges shall be served upon the accused by the sheriff of the county within ten (10) days after the charges are filed with the clerk of the district court. The cause shall be tried not later than thirty (30) days from the filing of the charges and shall be by the court without the intervention of a jury. After submission of the proof the commissioner shall be removed from office by the governor of the state.
2. If charges against a county commissioner are filed with the governor, he shall cause the accused commissioner to be served with a copy of the charges and notice of the time the governor will hear the matter. The hearing before the governor shall be not less than twenty (20) days after the date of the notice.

History. C.L. 1876, ch. 28, art. I, § 21; R.S. 1887, § 1812; R.S. 1899, § 1068; C.S. 1910, § 1176; Laws 1913, ch. 67, § 1; C.S. 1920, § 1422; R.S. 1931, § 30-615; C.S. 1945, § 27-818; W.S. 1957, § 18-169; Laws 1977, ch. 124, § 1.

Cross references. —

As to removal from office generally, see §§ 18-3-901 to 18-3-907 .

§ 18-3-524. Appointments to fill vacancies; term.

1. Within twenty (20) days after the office of any county commissioner becomes vacant the remaining members of the board shall declare a vacancy to exist and immediately give notice of the vacancy in writing to the chairman of the county central committee of the political party which the member whose office is vacant represented at the time of his election under W.S. 22-6-120(a)(vii), or at the time of his appointment if not elected to office. The chairman of the county central committee shall within twenty (20) days after receipt of the notice call a meeting of the county central committee. At the meeting the committee shall select three (3) persons qualified to fill the vacancy and transmit the names to the board of county commissioners. The board of county commissioners shall fill the vacancy within twenty (20) days after receiving the list from the county central committee by appointing one (1) of the persons whose names are submitted by the county central committee:
   1. If the county central committee fails to select and transmit the list of three (3) names to the board of county commissioners within twenty (20) days, the board shall fill the vacancy by the appointment of any qualified person belonging to the same political party the incumbent commissioner represented at the time of his election or appointment if not elected to office;
   2. If the incumbent commissioner did not represent any political party at the time of his election or appointment, the board of county commissioners shall publish in a newspaper of general circulation in the county notice that within twenty (20) days after publication any qualified person may make application directly to the county commissioners for appointment to fill the vacancy. Within twenty (20) days after the application deadline the county commissioners shall fill the vacancy by appointment of one (1) person qualified from those submitting applications.
2. If the remaining members of the board of county commissioners fail to fill any vacancy in a board of county commissioners within the time specified in this section, any qualified elector of the county may file a petition with the clerk of the district court of the county in which the vacancy occurred requesting the judge of the district court to fill the vacancy:
   1. Within twenty (20) days after the petition is filed the judge shall fill the vacancy by appointing a qualified elector of the county belonging to the same political party the incumbent commissioner represented at the time of his election or appointment. If the incumbent commissioner did not represent any political party at the time of his election or appointment the judge may appoint any qualified person to fill the vacancy.
3. Every person appointed county commissioner shall serve until a successor is elected at the next general election and takes office on the first Monday of the following January.
4. For purposes of this section a person shall be considered to “represent” a political party if he was a nominee of that political party when elected to office or when appointed to fill a vacancy in office.

History. C.L. 1876, ch. 28, art. I, § 23; R.S. 1887, § 1813; R.S. 1899, § 1069; C.S. 1910, § 1177; Laws 1915, ch. 60, §§ 1 to 4; C.S. 1920, §§ 1372, 1423; R.S. 1931, §§ 30-112, 30-616; Laws 1937, ch. 38, § 1; C.S. 1945, §§ 27-819, 27-820; Laws 1951, ch. 92, § 1; W.S. 1957, §§ 18-170, 18-171; Laws 1977, ch. 124, § 1; 2003, ch. 82, § 1; 2004, ch. 22, § 1; 2011, ch. 115, § 1.

Cross references. —

As to filling vacancies generally, see §§ 22-18-101 to 22-18-112 .

The 2004 amendment, in (a) and (b), clarified procedures for filing vacancies in specified offices, substituting provisions pertaining to a commissioner representing a political party rather than belonging to a political party; and added (d).

Laws 2004, ch. 22, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2004.

The 2011 amendment, effective July 1, 2011, in (a)(ii), substituted “shall publish in a newspaper of general circulation in the county notice that within twenty (20) days after publication any qualified person may make application directly to the county commissioners for appointment to fill the vacancy” for “may appoint any qualified person to fill the vacancy,” and added the last sentence.

Editor's notes. —

This section replaces §§ 22 and 24, art. I, ch. 28, C.L. 1876.

There is no paragraph (b)(ii) in this section as it appears in the printed acts.

Notification. —

When a county commissioner changes his political affiliation during his term in office and subsequently resigns, board of county commissioners must notify political body to which member belonged at time of last election. Richards v. Board of County Comm'rs, 6 P.3d 1251, 2000 Wyo. LEXIS 132 (Wyo. 2000).

§ 18-3-601. Office created; election.

There shall be elected in each county a county sheriff, who shall be a resident of the county in which the county sheriff serves, beginning on the first day of the term and through the last day of the term for which the county sheriff serves.

History. C.L. 1876, ch. 28, art. IV, § 1; Laws 1882, ch. 45, § 7; R.S. 1887, § 1858; R.S. 1899, § 1111; C.S. 1910, § 1212; C.S. 1920, § 1459; R.S. 1931, § 30-801; Laws 1937, ch. 85, § 5; C.S. 1945, § 27-1001; W.S. 1957, § 18-172; Laws 1977, ch. 124, § 1; 2021, ch. 165, § 1.

The 2021 amendment , effective July 1, 2021, added ", who shall be a resident of the county in which the county sheriff serves, beginning on the first day of the term and through the last day of the term for which the county sheriff serves."

Editor's notes. —

The basic law establishing county offices and government was ch. 28, C.L. 1876.

Prior to the enactment of ch. 45, Laws 1890-91, the sheriff was the county collector, as provided by §§ 1 to 11, art. IV, ch. 28, C.L. 1876. As to the disposition of these acts, see the Table of Disposition of Acts.

Chapter 85, Laws 1937, was a general law relating to terms of county officers.

Legislative intent. —

Statute providing undersheriff becomes sheriff upon vacancy in office of sheriff is read in pari materia with sections giving county commissioners power of appointment upon vacancy, providing that every elective office becomes vacant upon death or resignation, and relating to sheriff's bonds, indicates legislative intent that undersheriff act as sheriff only while vacancy exists. State ex rel. Peterson v. Ellsworth, 59 Wyo. 288, 139 P.2d 744, 1943 Wyo. LEXIS 17 (Wyo. 1943).

Payment for jailer's services. —

Statutory provision that for any services rendered by an officer wherein no fees are allowed by law, reasonable compensation shall be allowed, did not apply to payment for services of jailer hired by the sheriff. Board of County Comm'rs v. Johnson, 2 Wyo. 259, 1880 Wyo. LEXIS 8 (Wyo. 1880).

Right to sue on sheriff's official bond must be predicated upon statute requiring bond, and only person injured or entitled to benefit of security may sue thereon in his own name. Tuttle v. Short, 42 Wyo. 1, 288 P. 524, 1930 Wyo. LEXIS 31 (Wyo. 1930).

Survival of action. —

Administrator's claim under sheriff's bond is based upon rights of intestate which survived and passed to representative for benefit of estate. Tuttle v. Short, 42 Wyo. 1, 288 P. 524, 1930 Wyo. LEXIS 31 (Wyo. 1930).

Cause of action for wrongful death, while under arrest and riding in sheriff's automobile, did not survive sheriff's death, hence was not maintainable against sheriff's administrator or surety upon sheriff's official bond. Tuttle v. Short, 42 Wyo. 1, 288 P. 524, 1930 Wyo. LEXIS 31 (Wyo. 1930).

Tort action against sheriff's estate. —

In action against sheriff's administrator and surety on sheriff's bond which was in form joint and several, under which the state was obligee, where it appeared that plaintiff in custody of sheriff was riding with him and his deputy in automobile, and that plaintiff was injured when automobile operated by deputy plunged over cliff, plaintiff as person injured was entitled to bring action in his own name. Stephens v. Short, 41 Wyo. 324, 285 P. 797, 1930 Wyo. LEXIS 13 (Wyo. 1930).

Transportation of prisoners. —

Sheriff owes duty to transport prisoner with reasonable care for latter's safety, separate and apart from promise contained in official bond. Tuttle v. Short, 42 Wyo. 1, 288 P. 524, 1930 Wyo. LEXIS 31 (Wyo. 1930).

Stated in

Pfister v. Niobrara County, 557 P.2d 735, 1976 Wyo. LEXIS 233 (Wyo. 1976).

Cited in

Taxpayers' League v. McPherson, 49 Wyo. 251, 54 P.2d 897, 1936 Wyo. LEXIS 48 , 106 A.L.R. 767 (1936).

Am. Jur. 2d, ALR and C.J.S. references. —

Civil liability, under federal civil rights statute (42 U.S.C. § 1983) of state officers who coerce or attempt to coerce confessions or pleas of guilty, 55 ALR2d 512.

Personal liability of sheriff, or his bond, for negligently causing personal injury or death, 60 ALR2d 873.

Power to appoint sheriff for term commencing at or after expiration of term of appointing officer or body, 75 ALR2d 1277.

Personal liability of policeman, sheriff, or similar peace officer or his bond, for injury suffered as a result of failure to enforce law or arrest law breaker, 41 ALR3d 700.

Liability for false arrest or imprisonment under warrant as affected by mistake as to identity of person arrested, 39 ALR4th 705.

§ 18-3-602. Qualifications, appointment, duties and salary of undersheriff; deputies, reserve deputies, clerks, stenographers and assistants; appointment of deputies for special acts; appointment of deputies by county commissioners.

1. Each county sheriff may appoint an undersheriff who shall be a bona fide resident of the county, qualify as required by law for deputy sheriff and serve as sheriff in case of death, resignation or other disability of the sheriff until the board of county commissioners fill the vacancy. The person appointed shall qualify in accordance with law and may receive an annual salary fixed by the board of county commissioners at not less than twenty-five percent (25%) of the annual salary of the sheriff in their respective counties.
2. With the consent of the board of county commissioners each county sheriff may appoint one (1) or more full-time deputies who may receive an annual salary fixed by the board of county commissioners at not less than twenty percent (20%) of the sheriff’s salary. The sheriff may also appoint other assistants as necessary to properly administer the affairs of the office.
3. In addition to the authority granted under W.S. 7-2-106 , each county sheriff may also appoint special deputies to perform particular acts, which shall be specified in each appointment and for whose official acts he is responsible. Such appointments are not required to be filed or revoked as in the case of regular deputies. No county assessor shall be appointed deputy sheriff.
4. In addition to the authority granted under W.S. 7-2-106 , each county sheriff may employ temporary deputies and assistants authorized by the board of county commissioners. The compensation of these deputies and assistants shall be fixed by the board of county commissioners.
5. In addition to the authority granted under W.S. 7-2-106 , each board of county commissioners, when extraordinary or unusual danger to life or property is in progress or is threatened and the regular county officers cannot maintain proper order, may appoint special deputy sheriffs only for the duration of the extraordinary or unusual danger. Each special deputy sheriff shall be:
   1. An elector of the county and shall take an oath to faithfully discharge the duties of the office;
   2. Subject to the orders of the county sheriff who is responsible for their acts, unless otherwise ordered by the board of county commissioners; and
   3. Compensated at a rate established by the board of county commissioners.
6. Each county sheriff may appoint reserve deputy sheriffs to assist the sheriff as necessary to properly administer the affairs of the office. A reserve deputy sheriff acting less than full-time in the service of the county shall have peace officer authority, provided the reserve deputy sheriff has qualified pursuant to W.S. 9-1-701 through 9-1-707 . The compensation for deputy reserve sheriffs shall be fixed by the board of county commissioners.

History. C.L. 1876, ch. 28, art. IV, §§ 2, 3; Laws 1886, ch. 43, §§ 1 to 4; R.S. 1887, §§ 1859, 1860, 1863 to 1866; R.S. 1899, §§ 1117, 1118, 1121 to 1124; C.S. 1910, §§ 1218, 1219, 1222 to 1224; C.S. 1920, §§ 1465, 1466, 1469 to 1472; Laws 1925, ch. 110, § 1; R.S. 1931, §§ 30-807, 30-808, 30-811 to 30-814; Laws 1943, ch. 18, § 1; 1945, ch. 161, § 1; C.S. 1945, §§ 27-1002, 27-1003, 27-1016 to 27-1019; Laws 1949, ch. 116, § 1; 1953, ch. 159, § 1; 1957, ch. 191, § 2; W.S. 1957, §§ 18-173, 18-174, 18-187 to 18-190; Laws 1961, ch. 129, § 1; 1969, ch. 124, § 1; 1976, ch. 11, § 1; 1977, ch. 124, § 1; 1981, ch. 112, § 1; 2004, ch. 45, § 1; 2005, ch. 170, § 1.

Cross references. —

As to appointment of deputies and assistants generally, see § 18-3-107 .

The 2004 amendment, in (c) through (e), added “In addition to the authority granted under W.S. 7-2-106 ” at the beginning.

Laws 2004, ch. 45, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2004.

The 2005 amendment added (f).

Laws 2005, ch. 170, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

Legislative intent. —

Statute providing undersheriff becomes sheriff upon vacancy in office of sheriff is read in pari materia with sections giving county commissioners power of appointment upon vacancy, providing that every elective office becomes vacant upon death or resignation, and relating to sheriff's bonds, indicating legislative intent that undersheriff act as sheriff only while vacancy exists. State ex rel. Peterson v. Ellsworth, 59 Wyo. 288, 139 P.2d 744, 1943 Wyo. LEXIS 17 (Wyo. 1943).

Modified construction. —

Even if this section could be construed as actually making undersheriff the sheriff, in case of death or resignation of incumbent, § 27-116, W.C.S. 1945, clearly modified it by making no exception to power to fill vacancy in any county office. State ex rel. Peterson v. Ellsworth, 59 Wyo. 288, 139 P.2d 744, 1943 Wyo. LEXIS 17 (Wyo. 1943).

The 1943 amendment to this section definitely decided that undersheriff should serve only until vacancy should be filled and recognized and intended to make certain law as it had been for at least half a century. State ex rel. Peterson v. Ellsworth, 59 Wyo. 288, 139 P.2d 744, 1943 Wyo. LEXIS 17 (Wyo. 1943).

Legislative acquiescence. —

Where attorney general construed that this section meant that undersheriff could hold office only until new sheriff was appointed pursuant to § 27-116, W.C.S. 1945, failure of legislature to amend statute for 17 years thereafter indicates legislative acquiescence in such construction. State ex rel. Peterson v. Ellsworth, 59 Wyo. 288, 139 P.2d 744, 1943 Wyo. LEXIS 17 (Wyo. 1943).

Powers and duties. —

An undersheriff is in effect a deputy sheriff, so that a sale and deed executed by such undersheriff is valid. Delfelder v. Teton Land & Inv. Co., 46 Wyo. 142, 24 P.2d 702, 1933 Wyo. LEXIS 37 (Wyo.), reh'g denied, 46 Wyo. 142, 26 P.2d 153, 1933 Wyo. LEXIS 38 (Wyo. 1933).

Purpose. —

Since at common law authority of deputy sheriff ipso facto terminated when sheriff went out of office, statute, to remedy difficulty, provides duties shall in such cases be discharged by deputy or undersheriff only until vacancy is filled by appointment or election. State ex rel. Peterson v. Ellsworth, 59 Wyo. 288, 139 P.2d 744, 1943 Wyo. LEXIS 17 (Wyo. 1943).

The Fair Employment Practices Act has no application to the appointment of a deputy sheriff. Pfister v. Niobrara County, 557 P.2d 735, 1976 Wyo. LEXIS 233 (Wyo. 1976).

A deputy sheriff is an officer, not an employee; he is appointed, not hired. Pfister v. Niobrara County, 557 P.2d 735, 1976 Wyo. LEXIS 233 (Wyo. 1976).

A deputy sheriff is not an employee of either the sheriff or the board of county commissioners; he is appointed by the sheriff to fill a county office specifically authorized by law. Pfister v. Niobrara County, 557 P.2d 735, 1976 Wyo. LEXIS 233 (Wyo. 1976).

Discharge of appointees for political association. —

Where appointees of a sheriff who have been discharged by his successor claim that their first amendment right of association has been violated, the defendant must bear the burden of proof on the issue whether party affiliation (or particular political association and support) was an appropriate requirement for the effective performance of the public office involved, but the burden on the appointees is to prove that their discharge or threat of discharge was for the reason that they were affiliated with the ex-sheriff. Dickeson v. Quarberg, 844 F.2d 1435, 1988 U.S. App. LEXIS 5515 (10th Cir. Wyo. 1988).

No protected property interest. —

Because board of county commissioners cannot control sheriff's appointments under his independent office, such appointments create no constitutionally protected property interest. Bachmeier v. Hoffman, 1 P.3d 1236, 2000 Wyo. LEXIS 78 (Wyo. 2000).

Appointed jailer and assistant, discharged by sheriff's successor, did not have property interest within the meaning of the fourteenth amendment with respect to their positions, since the sheriff's representations and any understandings he had with appointees were necessarily confined to his term of office under the Wyoming elective system. Dickeson v. Quarberg, 844 F.2d 1435, 1988 U.S. App. LEXIS 5515 (10th Cir. Wyo. 1988).

The board of county commissioners is not empowered to control the sheriff's appointments under his independent office created by the Wyoming statutes with respect to either the appointment of one plaintiff as a jailer or another plaintiff as an assistant, with her clerical, process service and other functions. Hence, no property interest is created by the personnel policies and practices of the board of county commissioners for purposes of the fourteenth amendment by reason of such appointments. Dickeson v. Quarberg, 844 F.2d 1435, 1988 U.S. App. LEXIS 5515 (10th Cir. Wyo. 1988).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction, and application of regulation regarding outside employment of governmental employees or officers, 88 ALR2d 1235.

Validity, construction, and application of regulations regarding outside employment of governmental employees or officers, 62 ALR5th 671.

§ 18-3-603. Duty as custodian of jail and prisoners; requirements for boarding prisoners; quarters or rental allowance to be furnished by county.

1. Each sheriff has charge of the jail and the prisoners therein confined in his county. The prisoners shall be kept by the sheriff or by a deputy or detention officer appointed for that purpose, and for whose acts he and his sureties are liable. The sheriff shall provide three (3) nutritionally balanced meals each day for each prisoner. Each sheriff shall make a monthly accounting to the board of county commissioners to show that the expenditures have actually been made.
2. The sheriff shall not be charged rent for any building owned or controlled by the county and occupied by him as a residence. If a residence is not furnished the sheriff by the county, the sheriff may be allowed an amount established annually by the board of county commissioners on or before July 1 of each calendar year. The amount shall be paid monthly and shall not exceed the prevailing rate of the municipality in which the sheriff resides.

History. C.L. 1876, ch. 28, art. IV, § 4; R.S. 1887, § 1867; Laws 1895, ch. 76, § 10; R.S. 1899, § 1129; Laws 1903, ch. 56, § 1; C.S. 1910, § 1230; Laws 1917, ch. 12, § 1; C.S. 1920, § 1477; R.S. 1931, § 30-819; Laws 1945, ch. 5, § 1; C.S. 1945, § 27-1004; Laws 1957, ch. 176, § 1; W.S. 1957, § 18-175; Laws 1973, ch. 18, § 1; 1977, ch. 124, § 1; 1981, ch. 82, § 1; 1995, ch. 122, § 2.

Discharge of appointees for political association. —

Where appointees of a sheriff who have been discharged by his successor claim that their first amendment right of association has been violated, the defendant must bear the burden of proof on the issue whether party affiliation (or particular political association and support) was an appropriate requirement for the effective performance of the public office involved, but the burden on the appointees is to prove that their discharge or threat of discharge was for the reason that they were affiliated with the ex-sheriff. Dickeson v. Quarberg, 844 F.2d 1435, 1988 U.S. App. LEXIS 5515 (10th Cir. Wyo. 1988).

Appointed jailer and assistant, discharged by sheriff's successor, did not have property interest within the meaning of the fourteenth amendment with respect to their positions, since the sheriff's representations and any understandings he had with appointees were necessarily confined to his term of office under the Wyoming elective system. Dickeson v. Quarberg, 844 F.2d 1435, 1988 U.S. App. LEXIS 5515 (10th Cir. Wyo. 1988).

The board of county commissioners is not empowered to control the sheriff's appointments under his independent office created by the Wyoming statutes with respect to either the appointment of one plaintiff as a jailer or another plaintiff as an assistant, with her clerical, process service and other functions. Hence, no property interest is created by the personnel policies and practices of the board of county commissioners for purposes of the fourteenth amendment by reason of such appointments. Dickeson v. Quarberg, 844 F.2d 1435, 1988 U.S. App. LEXIS 5515 (10th Cir. Wyo. 1988).

Applied in

Boyer-Gladden v. Hill, 2010 WY 12, 224 P.3d 21, 2010 Wyo. LEXIS 13 (Feb. 9, 2010).

Cited in

Park County Bd. of County Comm'rs v. Hodge, 792 P.2d 1390, 1990 Wyo. LEXIS 67 (Wyo. 1990).

Am. Jur. 2d, ALR and C.J.S. references. —

Civil liability of sheriff or other officer charged with keeping jail or prison for act of deputy causing death or injury of prisoner, 14 ALR2d 353, 41 ALR3d 1021.

§ 18-3-604. Service of process; attendance upon courts.

The county sheriff or his deputy shall serve and execute according to law all processes, writs, precepts and orders issued by any court of record in his county or other lawful authority in all criminal and civil cases and he shall attend all courts of record in his county.

History. C.L. 1876, ch. 28, art. IV, § 5; R.S. 1887, § 1868; R.S. 1899, § 1125; C.S. 1910, § 1226; C.S. 1920, § 1473; R.S. 1931, § 30-815; C.S. 1945, § 27-1005; W.S. 1957, § 18-176; Laws 1977, ch. 124, § 1.

Cited in

First Wyo. Bank v. Trans Mt. Sales & Leasing, Inc., 602 P.2d 1219, 1979 Wyo. LEXIS 484 (Wyo. 1979).

§ 18-3-605. Service of process on sheriff; appearing as attorney prohibited.

Every paper required by law to be served on the county sheriff may be served on him in person or left at his office during business hours. No sheriff or deputy shall appear or advise as attorney or counselor in any case in any court.

History. C.L. 1876, ch. 28, art. IV, § 7; R.S. 1887, § 1870; R.S. 1899, § 1127; C.S. 1910, § 1228; C.S. 1920, § 1475; R.S. 1931, § 30-817; C.S. 1945, § 27-1007; W.S. 1957, § 18-177; Laws 1977, ch. 124, § 1.

Cross references. —

As to process generally, see §§ 1-6-101 to 1-6-301 .

§ 18-3-606. Duty to preserve peace.

Each county sheriff and deputy shall preserve the peace in the respective counties and suppress all affrays, riots, unlawful assemblies and insurrections. Each sheriff or deputy sheriff may call upon any person to assist in performing these duties or for the service of process in civil and criminal cases or for the apprehension or securing of any person for felony or breach of peace.

History. C.L. 1876, ch. 28, art. IV, § 6; R.S. 1887, § 1869; R.S. 1889, § 1126; C.S. 1910, § 1227; C.S. 1920, § 1474; R.S. 1931, § 30-816; C.S. 1945, § 27-1006; W.S. 1957, § 18-178; Laws 1977, ch. 124, § 1; 1985, ch. 212, § 3.

Warrantless arrest. —

Arrest of a party for mere drunkenness by a sheriff without warrant is unlawful. State v. Munger, 43 Wyo. 404, 4 P.2d 1094, 1931 Wyo. LEXIS 29 (Wyo. 1931).

Applied in

Pfister v. Niobrara County, 557 P.2d 735, 1976 Wyo. LEXIS 233 (Wyo. 1976); Hoblyn v. Johnson, 2002 WY 152, 55 P.3d 1219, 2002 Wyo. LEXIS 173 (Wyo. 2002).

§ 18-3-607. Cash book to be kept by sheriff as ex officio county collector; entries to be made; inspection; receipts; penalties.

1. Every county sheriff as ex officio county collector shall have and keep in his office a cash book in which shall be entered all monies paid him by virtue of his office, together with the date of payment, the name of the person paying the same and the purpose for which it was paid. Each cash book shall at all reasonable hours of the day be open to the inspection and examination of all persons desiring to examine it.
2. Upon receiving any money the sheriff shall issue a receipt to the person paying the same, entering on the receipt the same information required to be entered in the cash book.
3. Any county sheriff or deputy who fails to perform the duties specified in subsections (a) and (b) of this section or who fails to perform any other duties required by law is guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). In addition the court may adjudge that the sheriff be removed from office.

History. C.L. 1876, ch. 28, art. IV, §§ 8, 9, 11; R.S. 1887, §§ 1836, 1837, 1839; R.S. 1899, §§ 1097, 1098, 1100; C.S. 1910, §§ 1196, 1197, 1199; Laws 1919, ch. 27, § 1; C.S. 1920, §§ 1442, 1443, 1445; R.S. 1931, §§ 30-1116, 30-1117, 30-1119; C.S. 1945, §§ 27-1008, 27-1009, 27-1011; W.S. 1957, §§ 18-179 to 18-181; Laws 1977, ch. 124, § 1.

Editor's notes. —

All sections were originally enacted as §§ 8, 9 and 11, art. IV, ch. 28, of C.L. 1876. Article IV of this act related solely to the sheriff. The county treasurer was made the collector of taxes by § 3, ch. 45, Laws 1890-91.

In general. —

This section requires to be entered in the cash book, among other things, every sum of money paid the collector by virtue of his office, the date of the payment, the name of the person paying the same, and the account upon which the same was paid. Lobban v. State, 9 Wyo. 377, 64 P. 82, 1901 Wyo. LEXIS 16 (Wyo. 1901).

Tax receipt. —

Where taxes have been fully liquidated, the tax receipt should be one in full, not merely a statement of the amount paid. Lobban v. State, 9 Wyo. 377, 64 P. 82, 1901 Wyo. LEXIS 16 (Wyo. 1901).

Cited in

Roberts v. Board of County Comm'rs, 8 Wyo. 177, 56 P. 915, 1899 Wyo. LEXIS 7 (1899).

Am. Jur. 2d, ALR and C.J.S. references. —

Power of sheriff to remit, release or compromise taxes, 28 ALR2d 1425.

§ 18-3-608. Fees generally.

1. For the serving of process according to the Wyoming Rules of Civil Procedure, each county sheriff shall receive from the party requesting service a single fee, to be determined and set by the board of county commissioners after a public hearing, paid in advance to be credited to the county general fund, not to exceed fifty dollars ($50.00) for the first three (3) attempts at service at a different time and date for each attempt. Thereafter a fee not to exceed ten dollars ($10.00) may be charged for each succeeding attempt. The court may waive the fees upon an adequate showing of indigency. Any fees waived may, pursuant to court order, be assessed and collected against any judgment rendered. Each county sheriff shall receive from the party for whom service is rendered in civil cases the following fees which shall be transmitted to the county treasurer to be credited to the county general fund and which shall be paid in advance if demanded by the sheriff from the party for whom the service is rendered:
   1. Deleted by Laws 1993, ch. 158, § 1.
   2. through (viii) Repealed by Laws 1993, ch. 158, § 2.
   3. Commission on money collected on execution or other final process, where the same is collected without sale of property:
      1. For the first five hundred dollars ($500.00), two percent (2%);
      2. For the second five hundred dollars ($500.00), one percent (1%);
      3. For all over one thousand dollars ($1,000.00), one-half of one percent (0.5%).
   4. Where collection is made upon a sale of the property, the commissions allowed are as follows:
      1. On the first five hundred dollars ($500.00), four percent (4%);
      2. On the second five hundred dollars ($500.00), two percent (2%);
      3. On all over one thousand dollars ($1,000.00), one percent (1%).
   5. For advertising property for sale, one dollar and fifty cents ($1.50).
   6. and (xiii) Repealed by Laws 1993, ch. 158, § 2.
2. When in the execution of his duties, it is necessary for the county sheriff to take, store, keep, maintain or subsist any property he is entitled to receive a reasonable allowance to cover all actual and necessary expenses of doing so. The allowance shall be fixed by the proper court upon affidavit made by the sheriff or his deputy or undersheriff, detailing all items of expense, and that the expenses were actually and necessarily incurred. The court before allowing the claim may require additional evidence to sustain the claim. The county sheriff before incurring any expense may require the party for whose benefit the expense is to be incurred to deposit a sum sufficient to meet the same. The allowance shall accrue to the sheriff, and he shall not be chargeable therewith.
3. Repealed by Laws 1989, ch. 32, § 2.

History. Laws 1895, ch. 76, §§ 11 to 13; R.S. 1899, §§ 1113 to 1115; C.S. 1910, §§ 1214 to 1216; C.S. 1920, §§ 1461 to 1463; Laws 1927, ch. 59, § 1; R.S. 1931, §§ 30-803 to 30-805; Laws 1935, ch. 41, § 2; C.S. 1945, §§ 27-1012 to 27-1014; W.S. 1957, §§ 18-182 to 18-184; Laws 1977, ch. 124, § 1; 1981, Sp. Sess., ch. 22, § 1; 1983, ch. 103, § 1; 1989, ch. 32, § 2, ch. 76, § 1; 1993, ch. 158, §§ 1, 2; 1994, ch. 61, § 1; 2006, ch. 48, § 1; 2011, ch. 132, § 1; 2012, ch. 39, § 1.

Cross references. —

As to payment of expenses for return of accused to this state, see § 7-3-224 .

As to fees of sheriff in connection with sale of lands to enforce liens relative to water rights under Carey Act, see § 36-7-508 .

The 2006 amendment, effective July 1, 2006, substituted “thirty-five dollars ($35.00)” for “twenty dollars ($20.00)” in (a).

The 2011 amendment, effective July 1, 2011, substituted “fifty dollars ($50.00)” for “thirty-five dollars ($35.00),” and “ten dollars ($10.00)” for “five dollars ($5.00).”

The 2012 amendment, effective July 1, 2012, deleted “biannually” after “determined and set” in (a).

In general. —

A sheriff may demand his fees in advance. Beeman & Cashin Mercantile Co. v. Sorenson, 15 Wyo. 450, 89 P. 745, 1907 Wyo. LEXIS 25 (Wyo.), reh'g denied, 15 Wyo. 450, 89 P. 1135, 1907 Wyo. LEXIS 26 (Wyo. 1907).

Construction. —

Provision that in addition to salary a sheriff may receive fees for services rendered in civil cases should be construed as including legal proceedings for protection or enforcement of private rights and redress of private wrongs. Messenger v. Board of Comm'rs, 19 Wyo. 309, 117 P. 126, 1911 Wyo. LEXIS 21 (Wyo. 1911).

Inspection fees. —

Sheriff was not entitled to retain an inspection fee on horses within constitutional provision which allowed sheriff to receive as compensation in addition to his salary fees for services rendered to a party in civil cases. Messenger v. Board of Comm'rs, 19 Wyo. 309, 117 P. 126, 1911 Wyo. LEXIS 21 (Wyo. 1911).

Under statute providing for an inspection of horses about to be transported or driven out of the state, fixing an inspection fee and making the sheriff the inspecting officer, the acts of the sheriff in making the inspection were not services rendered in civil cases within the meaning of art. 14, § 2, Wyo. Const., and the law, providing for the inspection, could provide that the fees should be paid into the general fund of the county. Messenger v. Board of Comm'rs, 19 Wyo. 309, 117 P. 126, 1911 Wyo. LEXIS 21 (Wyo. 1911).

Vacation of order. —

Where order is vacated at a succeeding term, a new or amended affidavit might be filed, and the court had jurisdiction to hear and determine the same. Beeman & Cashin Mercantile Co. v. Sorenson, 15 Wyo. 450, 89 P. 745, 1907 Wyo. LEXIS 25 (Wyo.), reh'g denied, 15 Wyo. 450, 89 P. 1135, 1907 Wyo. LEXIS 26 (Wyo. 1907).

Proof of ownership in attached property. —

It being permissible under statute to have the expense allowed and liability of the proper parties enforced for keeping of attached property in suit wherein attachment was levied, the same objections were open to the party attempted to be charged as though a separate action had been brought, and defendant was entitled upon motion, the purpose of which was to tax the costs of keeping attached property against him, to show that he was not the owner thereof. Beeman & Cashin Mercantile Co. v. Sorenson, 15 Wyo. 450, 89 P. 745, 1907 Wyo. LEXIS 25 (Wyo.), reh'g denied, 15 Wyo. 450, 89 P. 1135, 1907 Wyo. LEXIS 26 (Wyo. 1907).

Expenses for attached property. —

After defendant paid judgment rendered against him, together with costs, plaintiff, at same term filed affidavit of deputy sheriff, showing expense in caring for attached property, and judge indorsed thereon “order allowed,” with no entry of formal order. The purpose of asking the order was to place liability for sheriff's expenses on defendant, and the order of allowance, (assuming judge's indorsement on the affidavit had effect of an order of allowance), having been granted without notice to defendant, could be vacated upon defendant's motion having been filed at the term the order was granted, and court had jurisdiction to determine same at the following term. Beeman & Cashin Mercantile Co. v. Sorenson, 15 Wyo. 450, 89 P. 745, 1907 Wyo. LEXIS 25 (Wyo.), reh'g denied, 15 Wyo. 450, 89 P. 1135, 1907 Wyo. LEXIS 26 (Wyo. 1907).

Execution sale. —

Where judgment creditor bought property at execution sale for less than judgment debt, purchase price being credited upon the judgment, sheriff was entitled to commission allowed by this section on money collected on execution. Lyman v. Thorn, 24 Wyo. 326, 157 P. 887, 1916 Wyo. LEXIS 32 (Wyo. 1916).

Commission at execution sale. —

A sheriff is entitled to commission at an execution sale where the judgment creditor purchases the property for less than the judgment debt, although no money actually changes hands and purchase price was merely credited upon the judgment and execution. Lyman v. Thorn, 24 Wyo. 326, 157 P. 887, 1916 Wyo. LEXIS 32 (Wyo. 1916).

Cited in

Taxpayers' League v. McPherson, 49 Wyo. 251, 54 P.2d 897, 1936 Wyo. LEXIS 48 , 106 A.L.R. 767 (1936).

§ 18-3-609. Other duties.

1. Each county sheriff shall:
   1. Pay and account for all monies which come into his office, as provided by law;
   2. Deliver to his successor in office or other person authorized by law to receive them all monies, books, papers and other property belonging to his office;
   3. Be the official responsible for coordination of all search and rescue operations within his jurisdiction;
   4. Perform all other duties required of him by law.

History. C.L. 1876, ch. 28, art. IV, §§ 1, 10; Laws 1882, ch. 45, § 7; R.S. 1887, §§ 1858, 1871; R.S. 1899, §§ 1111, 1128; C.S. 1910, §§ 1212, 1229; C.S. 1920, §§ 1444, 1459; R.S. 1931, §§ 30-801, 30-808, 30-1118; Laws 1937, ch. 85, § 5; C.S. 1945, §§ 27-1001, 27-1010; W.S. 1957, §§ 18-172, 18-192; Laws 1977, ch. 124, § 1; 1991, ch. 210, § 2.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 18-3-610. Custodian of jail when sheriff imprisoned.

When the sheriff is committed to the jail of his county, the board of county commissioners shall appoint a special deputy sheriff to act as custodian thereof during the time the sheriff remains a prisoner.

History. C.L. 1876, ch. 28, art. VI, § 2; R.S. 1887, § 1877; R.S. 1899, § 1171; C.S. 1910, § 1277; C.S. 1920, § 1529; R.S. 1931, § 30-702; C.S. 1945, § 27-902; W.S. 1957, § 7-78; W.S. 1977, § 7-4-102 ; Laws 1985, ch. 212, § 2.

§ 18-3-611. Sheriff's office employees; removal from office; hearings.

1. This section applies to sworn nonprobationary, full-time deputies of a sheriff’s department which employs at least twenty (20) sworn, full-time deputies. Except as provided by subsection (d) of this section, this section does not apply to any member of the executive staff. As used in this subsection, “member of the executive staff” means a deputy whose primary duties consist of the management of the department or a subdivision thereof, who regularly exercises discretionary powers as they relate to the employment status of employees and who is directly supervised by the sheriff.
2. A deputy sheriff shall not be discharged from employment, reduced in rank or suspended without pay except for cause and after notice and opportunity for a hearing. The hearing and any appeal shall be conducted in accordance with the Wyoming Administrative Procedure Act. The hearing shall be closed unless both the sheriff and the deputy involved agree otherwise.
3. A deputy sheriff accused of a matter for which the sheriff may discharge him may be suspended with pay for a reasonable length of time necessary to investigate and take final action on the matter, provided the deputy shall not be discharged in any final action without the opportunity for a hearing.
4. A sheriff may in his discretion reduce in rank a member of the executive staff but shall not terminate him without cause.
5. This section does not prohibit or restrict discharges from employment, in order of lowest ranking deputies first, for purposes of reorganization of the sheriff’s office or for the reason of lack of funds.

History. Laws 1989, ch. 220, § 1; 2010, ch. 82, § 1.

The 2010 amendment, made stylistic change in (a).

Laws 2010, ch. 82, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2010.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Meaning of “cause.” —

“Cause,” to which this section refers when it states that a deputy sheriff may be terminated only “for cause,” necessarily means a cause or justification which bears a reasonable relationship to the deputy sheriff's ability and fitness to perform and discharge the duties of his or her position. Lucero v. Mathews, 901 P.2d 1115, 1995 Wyo. LEXIS 156 (Wyo. 1995), reh'g denied, 1995 Wyo. LEXIS 181 (Wyo. Sept. 26, 1995).

Procedure. —

A claim for damages against the state for breach of the employment relationship based either in contract or tort must proceed, if at all, in accordance with the Governmental Claims Act, § 1-39-101 et seq. Allen v. Lucero, 925 P.2d 228, 1996 Wyo. LEXIS 138 (Wyo. 1996), reh'g denied, 1996 Wyo. LEXIS 156 (Wyo. Oct. 29, 1996), overruled in part, Brown v. City of Casper, 2011 WY 35, 248 P.3d 1136, 2011 Wyo. LEXIS 36 (Wyo. 2011).

Due process right. —

Section 18-3-611 creates a property right in the position of a full-time deputy sheriff by requiring that any termination of employment be for cause and after notice and opportunity for a hearing. In addition to the statutory requirements for notice and opportunity to be heard, there is then a federal constitutional right to due process of law that demands notice of the cause for termination and a hearing on the existence of the cause prior to terminating employment of a full-time deputy sheriff. Lucero v. Mathews, 901 P.2d 1115, 1995 Wyo. LEXIS 156 (Wyo. 1995), reh'g denied, 1995 Wyo. LEXIS 181 (Wyo. Sept. 26, 1995).

This section imposed a substantive limitation on sheriff's discretion to reduce rank of a deputy sheriff, and thus deputy sheriff had a protected property interest in continued employment at his rank of lieutenant. Greene v. Barrett, 174 F.3d 1136, 1999 U.S. App. LEXIS 7516 (10th Cir. Wyo. 1999).

Deputy sheriff failed to show that his property right in continued employment at his rank was clearly established at time sheriff reduced his rank, and therefore sheriff was entitled to qualified immunity from deputy sheriff's civil rights suit. Greene v. Barrett, 174 F.3d 1136, 1999 U.S. App. LEXIS 7516 (10th Cir. Wyo. 1999).

Political patronage not cause for termination. —

Under § 18-3-611 , political patronage and other expressions of the freedom of association and party affiliation are not cause or justification for which a deputy sheriff may be terminated. Lucero v. Mathews, 901 P.2d 1115, 1995 Wyo. LEXIS 156 (Wyo. 1995), reh'g denied, 1995 Wyo. LEXIS 181 (Wyo. Sept. 26, 1995).

Discharge upheld. —

Deputy sheriff failed to refute evidence of his absenteeism and dishonesty, and his discharge was therefore upheld. Fisch v. Allsop, 4 P.3d 204, 2000 Wyo. LEXIS 94 (Wyo. 2000).

Applied in

Laramie County Sheriff's Dep't v. Cook, 2012 WY 47, 272 P.3d 966, 2012 Wyo. LEXIS 50 (Mar. 28, 2012).

Stated in

Mondt v. Cheyenne Police Dep't, 924 P.2d 70, 1996 Wyo. LEXIS 127 (Wyo. 1996).

Cited in

Metz v. Laramie County Sch. Dist. No. 1, 2007 WY 166, 173 P.3d 334, 2007 Wyo. LEXIS 178 (Oct. 23, 2007).

§ 18-3-701. Qualifications; appointment; duty as supervisor of roads.

Each board of county commissioners may appoint a county surveyor who is a licensed engineer or surveyor of the state of Wyoming. The board of county commissioners may also appoint the county surveyor to be the county supervisor of roads. If no licensed surveyor or engineer is available the board of county commissioners may appoint some other competent person to act as supervisor of roads.

History. C.L. 1876, ch. 28, art. VII, § 1; 1886, ch. 58, § 1; R.S. 1887, § 1889; R.S. 1899, § 1184; C.S. 1910, § 1290; C.S. 1920, § 1542; Laws 1925, ch. 31, § 1; R.S. 1931, § 30-1001; Laws 1937, ch. 85, § 6; 1945, ch. 147, § 1; C.S. 1945, § 27-1201; W.S. 1957, § 18-192; Laws 1977, ch. 124, § 1.

Editor's notes. —

The basic law establishing county offices and government was ch. 28, C.L. 1876.

Chapter 85, Laws 1937, was a general law relating to terms of county officers.

§ 18-3-702. Duty to make county surveys and keep plats.

1. The county surveyor shall:
   1. Conduct all surveys in and for his county and keep a plat of all official surveys made by him on file in his office in strict conformity to the field notes of the survey;
   2. File a copy of a plat of legally established county roads in the United States land office of the district in which the roads are located;
   3. Execute any survey that is required by order of any court or upon application of any individual or corporation. The certificate of the county surveyor shall be admitted as legal evidence in any court of the state but the same may be explained or rebutted by other evidence.

History. C.L. 1876, ch. 28, art. VII, § 2; Laws 1886, ch. 58, § 2; R.S. 1887, §§ 1890, 1891; R.S. 1899, §§ 1185, 1186; Laws 1907, ch. 39, § 2; C.S. 1910, §§ 1291, 1292, 2592; C.S. 1920, §§ 1543, 1544, 3085; R.S. 1931, §§ 30-1002, 30-1003, 42-115; C.S. 1945, §§ 27-1202, 27-1203, 66-515; W.S. 1957, §§ 18-193 to 18-195; Laws 1977, ch. 124, § 1.

Cross references. —

For other provisions for survey of roads, see §§ 24-1-102 and 24-3-109 .

As to platting and dedication, see §§ 34-12-101 to 34-12-115 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

In general. —

In the absence of rebutting evidence, the surveyor's certificate is sufficient to warrant a finding of the court in favor of one claiming under it. Pool v. Baker, 23 Wyo. 539, 154 P. 328, 1916 Wyo. LEXIS 4 (Wyo. 1916).

Cited in

Board of County Comm'rs v. Patrick, 18 Wyo. 130, 104 P. 531, 1909 Wyo. LEXIS 26 (1909).

§ 18-3-703. Records to be kept; copies to be furnished upon request; duty to file plats, maps and records of surveys made for county with county clerk; penalty for failure to file such records; authority of county commissioners to purchase records of private surveys.

1. The county surveyor shall keep a correct record of all surveys made by him in a book provided by the county which he shall transmit to his successor in office. He shall number each survey progressively and shall preserve a copy of field notes and calculations of each survey endorsing thereon its proper number. A copy of the survey and an accurate plat thereof, together with a certificate of survey shall be furnished by the surveyor to any person requiring the same.
2. Each county surveyor shall file with the county clerk of the county wherein the land surveyed is located all plats, maps and survey records of surveys made by him in behalf of the county, and shall make such filings continuously as surveys are completed. The county clerk and the county commissioners may invoke the aid of any district court in the state to secure possession of such documents as are in the custody of the county surveyors which are the property of the county.
3. It is unlawful for any county surveyor to fail to file plats, maps and survey records of surveys made as provided herein within thirty (30) days of the completion of the survey. Violators of this section are guilty of a misdemeanor and may be fined not more than one hundred dollars ($100.00) or imprisoned in the county jail not more than thirty (30) days, or both.
4. Each board of county commissioners may purchase for a reasonable sum survey records made by surveyors.

History. C.L. 1876, ch. 28, art. VII, § 3; R.S. 1887, § 1892; R.S. 1899, § 1187; C.S. 1910, § 1293; C.S. 1920, § 1545; R.S. 1931, § 30-1004; C.S. 1945, § 27-1204; W.S. 1957, § 18-196; Laws 1965, ch. 153, § 1; 1977, ch. 124, § 1; 2010, ch. 69, § 203.

The 2010 amendment, effective July 1, 2010, in (b), deleted “Not later than June 1, 1965” at the beginning, and made a stylistic change; and in (c), deleted “or to file such plats, maps and survey records of surveys made after June 1, 1965” following “as provided herein.”

Cited in

Board of County Comm'rs v. Patrick, 18 Wyo. 130, 104 P. 531, 1909 Wyo. LEXIS 26 (1909).

§ 18-3-704. Establishment of lost corners.

1. Whenever the location of any monument which marks the corner of any tract or tracts of land is in dispute between the owners of the adjoining lands, the monument shall be established as follows:
   1. The county surveyor of the county in which the corner is located or any registered land surveyor employed by one of the landowners shall immediately give notice in writing to all parties interested in the establishment of the corner, giving at least thirty (30) days notice and naming a day when he will make the necessary surveys to establish or restore the corner. If written notice cannot be made upon the owners or their agents because of nonresidence, then the notice shall be published once each week for four (4) consecutive weeks in a newspaper published in the county, or if there is no newspaper published in the county then in a newspaper of general circulation published nearest such county;
   2. After the proper notice has been given the county surveyor or land surveyor shall on the day named in the notice proceed to reestablish or restore the corner after having determined by careful surveys and investigations that the original corner cannot be recovered or identified. He shall proceed in accordance with the surveying rules contained in the circular “Restoration of lost or obliterated corners” and the “manual of instructions for the survey of public lands”, issued by the general land office of the United States government. He shall firmly plant a suitable monument at the corner point or points so determined. He shall mark the same for the proper sections or tracts to which they refer and shall add a personal mark so the origin of the monument can be traced. He shall accurately take and note courses and distances referred to in the true meridian, and from the reestablished or restored points he shall record the bearing to one or more prominent objects of a permanent nature if any are in the vicinity;
   3. He shall make a map or plat of the survey and record a copy of it together with a copy of the field notes, applications for survey, notice to and names of the interested parties and all other pertinent papers in the office of the county surveyor and county clerk in the county in which the land is located. He shall file a copy of the same papers in the public survey office, department of the interior, Cheyenne, Wyoming. The monument or monuments reestablished or restored shall be held to mark the original corner or corners and shall have the legal force and effect as stated in the original record of the survey;
   4. Any registered land surveyor rendering service under this section is entitled to fees and other incident expense to be collected equally from all interested parties.

History. Laws 1890, ch. 83, § 1; R.S. 1899, § 1189; C.S. 1910, § 1295; C.S. 1920, § 1546; Laws 1927, ch. 60, § 1; R.S. 1931, § 30-1005; C.S. 1945, § 27-1205; W.S. 1957, § 18-197; Laws 1977, ch. 124, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Relocation of boundary. —

A party, against whom an injunction had been issued to enjoin entry of neighbor's inclosure, did not violate the injunction by entry on land in said inclosure on his side of the boundary, as relocated after the issuance of the injunction. Porter v. State, 16 Wyo. 131, 92 P. 385, 1907 Wyo. LEXIS 41 (Wyo. 1907).

Cited in

Hagerman v. Thompson, 68 Wyo. 515, 235 P.2d 750, 1951 Wyo. LEXIS 34 (1951).

Am. Jur. 2d, ALR and C.J.S. references. —

Sufficiency of showing, in establishing boundary by parol agreement, that boundary was uncertain or in dispute before agreement, 72 ALR4th 132.

§ 18-3-705. Compensation of surveyor; appointment and compensation of road supervisor in case surveyor does not act.

The county surveyor in each county shall receive for each day actually employed by the county an amount not to exceed thirty dollars ($30.00) per day. If the county surveyor does not act as road supervisor as provided by W.S. 18-3-701 , the board of county commissioners may appoint a county road supervisor and shall fix his salary at a sum not exceeding six thousand dollars ($6,000.00) per annum. No county commissioner shall be appointed county road supervisor.

History. Laws 1895, ch. 76, § 8; R.S. 1899, § 1189; C.S. 1910, § 1295; C.S. 1920, § 1547; R.S. 1931, § 30-1006; Laws 1945, ch. 147, § 2; C.S. 1945, § 27-1206; Laws 1947, ch. 151, § 1; 1953, ch. 98, § 1; W.S. 1957, § 18-198; Laws 1961, ch. 167, § 1; 1977, ch. 124, § 1.

Cross references. —

For constitutional provisions that all state, city, county, town and school officers (with certain exceptions) shall be paid fixed and definite salaries, see art. 14, §§ 1 and 2, Wyo. Const.

For constitutional provision that legislature shall designate county officers and fix salaries of county officers, see art. 14, § 3, Wyo. Const.

§ 18-3-801. Election.

There shall be elected in each county a county treasurer, who shall be a resident of the county in which the county treasurer serves, beginning on the first day of the term and through the last day of the term for which the county treasurer serves.

History. Laws 1890-91, ch. 45, § 1; R.S. 1899, § 1083; C.S. 1910, § 1181; C.S. 1920, § 1427; R.S. 1931, § 30-1101; Laws 1937, ch. 85, § 7; C.S. 1945, § 27-1301; Laws 1949, ch. 13, § 1; W.S. 1957, § 18-199; Laws 1977, ch. 124, § 1; 2021, ch. 165, § 1.

The 2021 amendment , effective July 1, 2021, added ", who shall be a resident of the county in which the county treasurer serves, beginning on the first day of the term and through the last day of the term for which the county treasurer serves."

Editor's notes. —

Chapter 85, Laws 1937, was a general law relating to terms of county officers.

The basic law for establishing county offices and government was ch. 28, C.L. 1876.

Applicability. —

Laws 2021, ch. 165, § 2, provides: "The residency requirements of this act shall apply to elected or appointed county officers whose terms commence on or after the effective date of this act."

§ 18-3-802. Duty as collector of taxes.

Each county treasurer is collector of taxes and shall perform such duties as prescribed by law. The bond given by each county treasurer, as provided by W.S. 18-3-102 , shall cover any violation of his duties as collector of taxes, any failure on his part to pay over to the proper person any monies received as collector of taxes and any failure to deliver to any person authorized by law to receive any books, papers or other property appertaining to his duties as collector of taxes.

History. Laws 1890-91, ch. 45, § 3; R.S. 1899, § 1086; C.S. 1910, § 1183; C.S. 1920, § 1429; R.S. 1931, § 30-1103; C.S. 1945, § 27-1302; W.S. 1957, § 18-200; Laws 1977, ch. 124, § 1.

In general. —

The county treasurer is by virtue of his office collector of taxes. School Dist. No. 21 v. School Dist. v. Board of Comm'rs, 15 Wyo. 73, 86 P. 24, 1906 Wyo. LEXIS 6 (Wyo. 1906).

Money held on behalf of school district. —

A county treasurer has a statutory duty and a common law fiduciary duty to act with reasonable skill, diligence, good faith and honesty with regard to money held on behalf of a school district and investing these funds may be required in order to comply with these duties; therefore, interest, as an accretion or increment of the principal fund earning it, belongs to the fund on which the interest was earned. Board of County Comm'rs v. Laramie County Sch. Dist. No. One, 884 P.2d 946, 1994 Wyo. LEXIS 144 (Wyo. 1994).

Loss in bank failure. —

A county treasurer is not liable for moneys held by him strictly as treasurer, which are lost by failure of a bank in which he has deposited them, where he was without fault or negligence. Roberts v. Board of Comm'rs, 8 Wyo. 177, 56 P. 915, 1899 Wyo. LEXIS 7 (Wyo. 1899).

Law reviews. —

See “Administration of the General Property Tax in Wyoming,” 4 Wyo. L.J. 227 (1950).

§ 18-3-803. Liability for collection of taxes.

Each county treasurer is responsible on his bond for reasonable skill, diligence, good faith and honesty in the performance of his duties. He shall diligently endeavor to collect all taxes due the county and state and is responsible on his bond for willfully, carelessly or negligently allowing taxes to remain unpaid. No county treasurer who has honestly, diligently and in good faith endeavored to collect the taxes shall be held responsible on his bond for any unpaid taxes.

History. Laws 1901, ch. 59, § 1; C.S. 1910, § 1184; C.S. 1920, § 1430; R.S. 1931, § 30-1104; C.S. 1945, § 27-1305; W.S. 1957, § 18-201; Laws 1977, ch. 124, § 1.

Money held on behalf of school district. —

A county treasurer has a statutory duty and a common law fiduciary duty to act with reasonable skill, diligence, good faith and honesty with regard to money held on behalf of a school district and investing these funds may be required in order to comply with these duties; therefore, interest, as an accretion or increment of the principal fund earning it, belongs to the fund on which the interest was earned. Board of County Comm'rs v. Laramie County Sch. Dist. No. One, 884 P.2d 946, 1994 Wyo. LEXIS 144 (Wyo. 1994).

Liability of surety. —

Sureties on a treasurer's bond, conditioned that the latter shall pay and account for all moneys as required by law, are liable for funds lost before a new bond was given, though the treasurer's duty to pay over the funds did not arise until after the new bond was given and his successor was installed. Roberts v. Board of Comm'rs, 8 Wyo. 177, 56 P. 915, 1899 Wyo. LEXIS 7 (Wyo. 1899).

§ 18-3-804. Duty to keep accounts of receipts and expenditures generally.

Each county treasurer shall keep a true account of the receipts and expenditures of all monies which come into his office and shall perform all duties required by law.

History. Laws 1890-91, ch. 45, § 4; R.S. 1899, § 1086; C.S. 1910, § 1185; C.S. 1920, § 1431; R.S. 1931, § 30-1105; C.S. 1945, § 27-1303; W.S. 1957, § 18-202; Laws 1977, ch. 124, § 1.

Applied in

Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

Cited in

Roberts v. Board of County Comm'rs, 8 Wyo. 177, 56 P. 915, 1899 Wyo. LEXIS 7 (1899).

§ 18-3-805. Duty to receive funds; payments made on commissioners' warrants.

Each county treasurer shall receive all monies belonging to the county and state, and all monies required by law to be paid to him. All monies received for the use of the county shall be paid out only on the orders or warrants issued by the board of county commissioners as prescribed by law except where provisions for the payment are otherwise made by law.

History. Laws 1890-91, ch. 45, § 5; R.S. 1899, § 1087; C.S. 1910, § 1186; C.S. 1920, § 1432; R.S. 1931, § 30-1106; C.S. 1945, § 27-1304; W.S. 1957, § 18-203; Laws 1977, ch. 124, § 1.

Funds included. —

The funds over which the board of commissioners have control are designated herein; they do not include funds belonging to a school district. School Dist. No. 21 v. School Dist. v. Board of Comm'rs, 15 Wyo. 73, 86 P. 24, 1906 Wyo. LEXIS 6 (Wyo. 1906).

Money held on behalf of school district. —

A county treasurer has a statutory duty and a common law fiduciary duty to act with reasonable skill, diligence, good faith and honesty with regard to money held on behalf of a school district and investing these funds may be required in order to comply with these duties; therefore, interest, as an accretion or increment of the principal fund earning it, belongs to the fund on which the interest was earned. Board of County Comm'rs v. Laramie County Sch. Dist. No. One, 884 P.2d 946, 1994 Wyo. LEXIS 144 (Wyo. 1994).

Applied in

Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

Cited in

Roberts v. Board of County Comm'rs, 8 Wyo. 177, 56 P. 915, 1899 Wyo. LEXIS 7 (1899).

§ 18-3-806. Manner of keeping account of receipts and expenditures; inspection of records; annual settlement; report.

Each county treasurer shall keep a true account of the receipts and expenditure of all monies which come into his office in a book or books kept by him for that purpose. The books shall be available at all times for inspection by the board of county commissioners or any member thereof, county and state officers or any citizen. At the annual meeting of the board of county commissioners on the first Monday in January of each year or at such other time as they may direct, the county treasurer shall settle with them his account for the preceding year, and shall exhibit to them all his books, accounts and vouchers to be audited and allowed. He shall also report at each regular meeting of the board of county commissioners of the amount of monies received and expended by him during the intervening time, if so required.

History. C.L. 1876, ch. 28, art. II, § 6; R.S. 1887, § 1826; R.S. 1899, § 1088; C.S. 1910, § 1187; C.S. 1920, § 1433; R.S. 1931, § 30-1107; C.S. 1945, § 27-1306; W.S. 1957, § 18-204; Laws 1977, ch. 124, § 1.

Editor's notes. —

Prior to ch. 45, Laws 1890-91, the judge of probate was ex officio county treasurer as provided by §§ 1 to 5, art. II, ch. 28, C.L. 1876, which sections were repealed by ch. 45, Laws 1890-91. Section 6, ch. 28, C.L. 1876, was the basic law establishing county offices and government.

Applied in

Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

Cited in

Roberts v. Board of County Comm'rs, 8 Wyo. 177, 56 P. 915, 1899 Wyo. LEXIS 7 (1899).

§ 18-3-807. Order in which warrants paid.

Properly attested county orders or warrants are entitled to preference for payment according to date of presentation and acceptance at the treasurer’s office, the oldest date having preference.

History. C.L. 1876, ch. 28, art. II, § 7; R.S. 1887, § 1827; Laws 1895, ch. 85, § 3; R.S. 1899, § 1089; C.S. 1910, § 1188; C.S. 1920, § 1434; R.S. 1931, § 30-1108; C.S. 1945, § 27-1307; W.S. 1957, § 18-205; Laws 1977, ch. 124, § 1.

§ 18-3-808. Settlement upon resignation or removal; penalty for failure to deliver books.

Upon the resignation or removal from office of any county treasurer, all books, papers and monies belonging to his office shall be delivered to his successor upon the oath of the preceding treasurer or, in case of his death, upon the oath of his executors or administrators. If any preceding treasurer or his executors or administrators neglect or refuse to deliver such books, papers and monies, on oath, when lawfully demanded, such person shall forfeit a sum of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), and is liable upon his official bond for such refusal or neglect.

History. C.L. 1876, ch. 28, art. II, § 8; R.S. 1887, § 1828; R.S. 1899, § 1090; C.S. 1910, § 1189; C.S. 1920, § 1435; R.S. 1931, § 30-1109; C.S. 1945, § 27-1308; W.S. 1957, § 18-206; Laws 1977, ch. 124, § 1.

Treasurer as trustee; deposit with insolvent. —

A county treasurer is merely custodian or trustee of public moneys coming into his hands by virtue of office, and upon deposit of such funds with one who knows their trust character, and who afterwards becomes insolvent, the county may sue to impress a trust on the insolvent estate, if such funds may be identified, or traced to some particular fund or property of the estate. State v. Foster, 5 Wyo. 199, 38 P. 926, 1895 Wyo. LEXIS 14 (Wyo. 1895).

§ 18-3-809. Treasurer to countersign and register all warrants.

When county orders or warrants are drawn by the county clerk and properly signed by the chairman of the board of county commissioners, before they are delivered to the person for whose benefit the same are drawn, they shall be presented by the clerk to the county treasurer who shall personally countersign the same and enter in a book kept by him for that purpose, the date, amount and number of each order or warrant, and the name of the person in whose favor the orders or warrants are drawn.

History. C.L. 1876, ch. 28, art. II, § 9; R.S. 1887, § 1829; R.S. 1899, § 1091; C.S. 1910, § 1190; C.S. 1920, § 1436; R.S. 1931, § 30-1110; C.S. 1945, § 27-1309; W.S. 1957, § 18-207; Laws 1977, ch. 124, § 1.

In general. —

The county treasurer is to countersign warrants. Appel v. State, 9 Wyo. 187, 61 P. 1015, 1900 Wyo. LEXIS 13 (Wyo. 1900).

§ 18-3-810. Restrictions upon countersigning warrants.

No county treasurer shall countersign any blank county order or warrant or other order or warrant until he is satisfied that the order or warrant was ordered drawn by the board of county commissioners.

History. C.L. 1876, ch. 28, art. II, § 10; R.S. 1887, § 1830; R.S. 1899, § 1092; C.S. 1910, § 1191; C.S. 1920, § 1437; R.S. 1931, § 30-1111; C.S. 1945, § 27-1310; W.S. 1957, § 18-208; Laws 1977, ch. 124, § 1.

§ 18-3-811. Register of county orders.

Each county treasurer shall keep in his office a book called the register of county orders wherein shall be entered on the date of the presentation thereof and without interval or blank line between any entry and the one preceding it every county order, warrant or other certificate or evidence of county indebtedness presented for payment whether or not it is then paid, the date and number of such order or warrant, the amount payable, the name of the person to whom such order or warrant is payable, and the name of the person presenting the same. Every register of county orders shall be available for inspection and examination by any person during usual business hours.

History. C.L. 1876, ch. 28, art. II, § 11; R.S. 1887, § 1831; R.S. 1899, § 1093; C.S. 1910, § 1192; C.S. 1920, § 1438; R.S. 1931, § 30-1112; C.S. 1945, § 27-1311; W.S. 1957, § 18-209; Laws 1977, ch. 124, § 1.

§ 18-3-812. Settlement with state treasurer.

Each county treasurer shall pay the state treasurer all state taxes and other state monies received by him and shall give the state treasurer a written statement that he has paid over the same funds in kind as received by him and has not exchanged or bartered any of the monies, coin, bank bills, treasury notes or other currency received by him for the state for any auditor’s warrants, state scrip or other certificates or evidences of indebtedness of the state, nor permitted the same to be done, and that all state auditor’s warrants or other certificates or evidences of indebtedness of the state delivered by him to the treasurer, were received in payment of state taxes or other monies due the state. Each statement shall be sworn to before any person authorized to administer oaths and shall be filed and preserved in his office. False swearing in the statement is subject to the penalty provided by W.S. 6-5-303 .

History. C.L. 1876, ch. 28, art. II, § 12; R.S. 1887, § 1832; R.S.1899, § 1094; C.S. 1910, § 1193; C.S. 1920, § 1439, R.S. 1931, § 30-1113; C.S. 1945, § 27-1312; W.S. 1957, § 18-210; Laws 1977, ch. 124, § 1; 2004, ch. 130, § 1.

The 2004 amendment substituted “W.S. 6-5-303 ” for “W.S. 6-154.1.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

In general. —

Taxes collected for state purposes do not belong to the county. State v. Board of Comm'rs, 8 Wyo. 104, 55 P. 451, 1898 Wyo. LEXIS 26 (Wyo. 1898).

Loss by bank failure. —

Where neither the law nor his bond expressly requires a county treasurer to safely keep funds, a condition in the bond that he shall deliver over to his successor, or other person authorized by law, to receive the same, all moneys belonging to his office, does not make him an insurer of the public funds, or liable for a loss resulting from the failure of a bank in which he has deposited funds, he being without fault or negligence. Roberts v. Board of Comm'rs, 8 Wyo. 177, 56 P. 915, 1899 Wyo. LEXIS 7 (Wyo. 1899).

§ 18-3-813. Malfeasance of treasurer or deputy.

Every county treasurer or deputy county treasurer who does not keep in his office a register of county orders as required by W.S. 18-3-811 , or does not enter at the time of presentation every county order presented to him for payment, or makes any false entry therein, or does not pay any order presented to him for payment, there being money in the treasury appropriated for that purpose or from which by law the same ought to be paid is guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), and the court may adjudge that such treasurer be removed from office.

History. C.L. 1876, ch. 28, art. II, § 13; R.S. 1887, § 1833; R.S. 1899, § 1095; C.S. 1910, § 1194; C.S. 1920, § 1440; R.S. 1931, § 30-1114; C.S. 1945, § 27-1313; W.S. 1957, § 18-211; Laws 1977, ch. 124, § 1.

Construction. —

Statute cannot be given meaning that would warrant punishment of a treasurer who refuses to pay in obedience to order of county board to refuse payment. State ex rel. Robertson Inv. Co. v. Patterson, 47 Wyo. 416, 38 P.2d 617, 1934 Wyo. LEXIS 36 (Wyo. 1934).

Allegation of malfeasance insufficient. —

Allegation at close of an indictment that a defendant county officer “was then and there unlawfully and corruptly guilty of malfeasance” was insufficient. McCarthy v. Territory, 1 Wyo. 311, 1876 Wyo. LEXIS 18 (Wyo. 1876).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of public officer for interest or other earnings received on public money in his possession, 5 ALR2d 257.

§ 18-3-814. Officers to pay over monies and prepare statement for commissioners monthly; forfeiture.

Every elected or appointed county officer required or permitted to receive and pay to the county treasurer any taxes, fines, fees or other monies shall no later than the twenty-fifth day of each month following the month of collection pay the same to the county treasurer and take his official receipt therefor. If the money has not been deposited by the twenty-fifth day of the month following the month of collection, the elected or appointed county officer shall be reported by the county treasurer to the board of county commissioners at their next meeting. Each elected or appointed county officer shall prepare a monthly statement showing the source of all monies received by him and file it with the county clerk for presentation to the board of county commissioners.

History. C.L. 1876, ch. 28, art. II, § 14; R.S. 1887, § 1834; R.S. 1899, § 1096; C.S. 1910, § 1195; Laws 1913, ch. 21, § 1; C.S. 1920, § 1441; R.S. 1931, § 30-1115; C.S. 1945, § 27-1314; W.S. 1957, § 18-212; Laws 1969, ch. 182, § 1; 1977, ch. 124, § 1; 1981, Sp. Sess., ch. 22, § 1; 2010, ch. 34, § 1.

The 2010 amendment, substituted “Every elected or appointed county” for “Every district attorney and elected or appointed county or precinct”; inserted “following the month of collection” twice; substituted “elected or appointed county officer shall be reported by the county treasurer to the board of county commissioners at their next meeting” for “district, county or precinct officer shall forfeit to the county twenty-five dollars ($25.00) a day for each day after the twenty-fifth day of the month during which no deposits are made”; and substituted “Each elected or appointed county” for “Each district, county or precinct” in the last sentence.

Laws 2010, ch. 34 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2010.

Charged with embezzlement. —

Clerk of the district court, notwithstanding duty to pay over receipts each month, was properly charged with embezzlement of year's collections, due when demanded, evidence not showing embezzlement until noncompliance with demands. State v. Campbell, 42 Wyo. 252, 293 P. 365, 1930 Wyo. LEXIS 49 (Wyo. 1930), overruled, Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

Evidence made at least prima facie case that clerk of district court, charged with embezzlement, actually collected amounts certified by him, for which he gave checks to treasurer. State v. Campbell, 42 Wyo. 252, 293 P. 365, 1930 Wyo. LEXIS 49 (Wyo. 1930), overruled, Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

Reports of clerk of the district court, certifying earnings of his office, were competent in embezzlement prosecution. State v. Campbell, 42 Wyo. 252, 293 P. 365, 1930 Wyo. LEXIS 49 (Wyo. 1930), overruled, Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

Demand. —

Demand may be made by either county commissioner or treasurer. State v. Campbell, 42 Wyo. 252, 293 P. 365, 1930 Wyo. LEXIS 49 (Wyo. 1930), overruled, Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

Demands on clerk of district court, last of which was demand for all money due, could be treated as continuous transaction; hence noncompliance with each demand was not separate crime under embezzlement statute. State v. Campbell, 42 Wyo. 252, 293 P. 365, 1930 Wyo. LEXIS 49 (Wyo. 1930), overruled, Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

Demand by county clerk pursuant to county commissioners' request was sufficient. State v. Campbell, 42 Wyo. 252, 293 P. 365, 1930 Wyo. LEXIS 49 (Wyo. 1930), overruled, Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

§ 18-3-901. [Repealed.]

Repealed by Laws 2011, ch. 41, § 2.

Editor's notes. —

This section, which derived from Laws 1945, ch. 95, §§ 2 to 4; C.S. 1945, §§ 27-118 to 27-120; W.S. 1957, §§ 18-213 to 18-215; Laws 1977, ch. 124, § 1; 1984, ch. 70, § 1; 1995, ch. 209, § 1, related to causes for removal from office enumerated, procedure as to removal, filling vacancies, and section declared supplemental.

Laws 2011, ch. 41, § 3, makes the act effective July 1, 2011.

Cross references. —

As to duties of county assessors, see § 18-3-204 .

As to cooperation of county assessor and board of equalization, see § 39-11-102 .1.

General incompetency. —

General incompetency is insufficient to justify removal of county commissioner. State v. Scott, 35 Wyo. 108, 247 P. 699, 1926 Wyo. LEXIS 11 (Wyo. 1926).

Grounds for removal. —

Misconduct or malfeasance of county commissioner in making unauthorized payment to himself or other commissioners or consenting to such payments to other officials is ground for removal under the provisions of this article, notwithstanding expiration of term of associate commissioners before action was brought. State v. Morgan, 35 Wyo. 92, 247 P. 721, 1926 Wyo. LEXIS 12 (Wyo. 1926).

County commissioner's acts of misconduct or malfeasance during former term, which were of such nature that they might be discontinued, were not grounds for removal. State v. Scott, 35 Wyo. 108, 247 P. 699, 1926 Wyo. LEXIS 11 (Wyo. 1926).

Am. Jur. 2d, ALR and C.J.S. references. —

Conviction of offense under federal law or law of another state or country, as vacating accused's holding of state or local office or as ground of removal, 20 ALR2d 732.

Assertion of immunity as ground for removing or discharging public officer or employee, 44 ALR2d 789.

§ 18-3-902. Governor to direct district attorney or attorney general to commence action; petition served with summons; pleading; trial; judgment; change of judge.

1. Whenever it appears to the governor on the verified complaint of qualified electors or the board of county commissioners of the county that any county officer is guilty of misconduct or malfeasance in office he may direct the attorney general to commence and prosecute an action in the district court of the county in which the officer is an official asking for the removal of the officer. The action shall be commenced by the filing of a verified petition in the name of the state of Wyoming signed by the attorney general setting forth the facts constituting the misconduct or malfeasance in office.
2. Upon filing of the petition a summons and a copy of the petition shall be served on the defendant as in civil cases. The answer day shall be the same as provided for civil suits. The petition and answer are the only pleadings allowed and the allegations of the answer so far as they conflict with the petition shall be considered denied without a reply.
3. The action shall be tried in a summary manner by the district court with or without a jury not less than five (5) days nor more than thirty (30) days after answer day. At the trial all questions touching the sufficiency or certainty of the allegations of the petition or answer shall be heard and determined and amendments which are not inconsistent with the original pleadings shall be authorized to be made at once and shall not delay the trial. If the court finds the defendant is guilty of misconduct or malfeasance in office as charged in the petition, a judgment shall be entered removing the defendant from office and taxing against him the costs of the action.
4. The judge of a district court in which an action for the removal of an officer is pending, if unable to try the action within the period provided by this section, shall call in another district judge.
5. No change of judge is allowed unless proper application therefor is filed with the answer but if the judge of that district is unable to try the action and has designated another district judge to try the same, the application must be filed within three (3) days after the filing of the order designating the judge to whom the action is referred.
6. As used in this section, “misconduct or malfeasance” includes, but is not limited to, instances when:
   1. The officer absents himself from his office for an aggregate of sixty (60) days in any three (3) month period unless such absence is caused by illness or other disability;
   2. The officer is absent from his office for more than ninety (90) days because of illness or other disability and the illness or disability will probably not terminate during the unexpired portion of the officer’s term of office.
7. Whenever a vacancy occurs in any county office under the provisions of this section, it shall be filled as provided by law.
8. This section is supplemental to all other statutes concerning removal of county officers.

History. Laws 1915, ch. 112, §§ 2 to 5; C.S. 1920, §§ 1399 to 1402; R.S. 1931, §§ 30-202 to 30-205; C.S. 1945, §§ 27-202 to 27-205; W.S. 1957, §§ 18-217 to 18-220; Laws 1977, ch. 124, § 1; 1981, Sp. Sess., ch. 22, § 1; 2011, ch. 41, § 1.

The 2011 amendment, effective July 1, 2011, in (a), inserted “or the board of county commissioners,” and deleted “district attorney for the county or the” and “district attorney or the” preceding “attorney general”; and added (f) through (h).

Governor's action. —

Governor may properly direct action for removal of commissioner on examination of report of state examiner. State v. Scott, 35 Wyo. 108, 247 P. 699, 1926 Wyo. LEXIS 11 (Wyo. 1926).

Governor had jurisdiction to determine whether sheriff should be removed from office on charge of wrongful disposal of liquor. State ex rel. Loomis v. Dahlem, 37 Wyo. 498, 263 P. 708, 1928 Wyo. LEXIS 16 (Wyo. 1928).

This section does not confine the governor to action upon receipt of a verified complaint and the statute is fulfilled if the governor has received substantial information in an ordinarily reliable manner. United States v. Field, 190 F. Supp. 216, 1960 U.S. Dist. LEXIS 3168 (D. Wyo. 1960), citing State v. Scott, 35 Wyo. 108, 247 P. 699, 1926 Wyo. LEXIS 11 (Wyo. 1926).

Substantial, reliable sources. —

The provisions hereof limit source of information to something substantial and ordinarily reliable, in form to be preserved. State v. Scott, 35 Wyo. 108, 247 P. 699, 1926 Wyo. LEXIS 11 (Wyo. 1926).

Pleadings. —

Petition in action to remove county commissioner need not allege source of governor's information or particular acts of misconduct designated by him. State v. Scott, 35 Wyo. 108, 247 P. 699, 1926 Wyo. LEXIS 11 (Wyo. 1926).

Allowable pleadings. —

The only pleadings allowed are petition and answer, and allegations in latter are considered denied without reply, so far as its allegations conflict with former, in view of this section. State v. Scott, 35 Wyo. 108, 247 P. 699, 1926 Wyo. LEXIS 11 (Wyo. 1926).

Objection to pleadings. —

Objection that petition failed to allege source of governor's information should be raised at trial. State v. Scott, 35 Wyo. 108, 247 P. 699, 1926 Wyo. LEXIS 11 (Wyo. 1926).

Presumption. —

Governor's official direction for bringing action to remove commissioner was to carry presumption, so far as question of initial pleading is concerned, that he has acted in accordance with statute, which may be denied by defendant. State v. Scott, 35 Wyo. 108, 247 P. 699, 1926 Wyo. LEXIS 11 (Wyo. 1926).

Sufficiency of charges. —

Averments that defendant failed to advertise for bids for roads and bridges and purchase of supplies, and “numerous acts of misconduct and malfeasance in office,” are too general. State v. Scott, 35 Wyo. 108, 247 P. 699, 1926 Wyo. LEXIS 11 (Wyo. 1926).

Averments that defendant unlawfully paid unitemized accounts for services for which no specified fees were allowed, in violation of official oath and bond, are insufficient; such allegations being conclusions of law. State v. Scott, 35 Wyo. 108, 247 P. 699, 1926 Wyo. LEXIS 11 (Wyo. 1926).

Charges should be sufficiently explicit to give defendant notice of what he is required to answer. State v. Scott, 35 Wyo. 108, 247 P. 699, 1926 Wyo. LEXIS 11 (Wyo. 1926).

Sufficiency of judgment. —

Court's remarks that he “ordered the removal of the defendant from office,” and that verdict would carry costs, was insufficient to constitute judgment in action for removal of county commissioner. State v. Scott, 35 Wyo. 108, 247 P. 699, 1926 Wyo. LEXIS 11 (Wyo. 1926).

Cited in

State v. Morgan, 34 Wyo. 153, 242 P. 326, 1926 Wyo. LEXIS 32 (1926); State v. Scott, 34 Wyo. 163, 242 P. 322, 1926 Wyo. LEXIS 31 (1926).

Am. Jur. 2d, ALR and C.J.S. references. —

Amount of attorney's compensation for services in removal proceedings, 57 ALR3d 475, 57 ALR3d 550, 57 ALR3d 584, 58 ALR3d 201, 58 ALR3d 235, 58 ALR3d 317, 59 ALR3d 152.

§ 18-3-903. Suspension of officers by the governor pending outcome of proceedings; notice; order to be filed; filling of vacancies; restoration of office upon verdict of not guilty; reimbursement of compensation and expense of trial.

1. Whenever a proceeding as specified by W.S. 18-3-902 has been commenced in the district court, the governor may cause notice to be served upon the accused officer setting forth the misconduct or malfeasance in office as charged in the petition and requiring the officer to appear before him at a designated time and place not less than five (5) days after service of the notice. The governor shall hear the charges against and the defense of the officer, which may be presented by affidavits or otherwise. If the governor determines that the officer is guilty of misconduct or malfeasance in office he may by an order signed by him and filed in the office of the secretary of state, suspend the officer from the further exercise of his duties until the termination of the trial of such officer as provided by W.S. 18-3-902 . Duplicate copies of the order of suspension shall be filed in the offices of the county clerk and the clerk of the district court of the county in which the accused is an officer.
2. Whenever any county officer is suspended as provided by this section the person or board having authority to fill vacancies in the office shall appoint some qualified elector to temporarily fill the office and perform the duties thereof so long as the suspension continues. If the officer suspended is a county commissioner the governor shall appoint some qualified elector to temporarily fill the office and perform the duties thereof so long as the suspension continues. Whenever any officer is removed by a final judgment entered in such proceeding the vacancy shall be filled as provided by law.
3. Any county officer who has been suspended under the provisions of this section and who is found by the district court to be not guilty of the misconduct or malfeasance in office charged against him shall be restored to his office and shall receive the compensation provided for the office during the period of his suspension. He shall be reimbursed by the state of Wyoming for all actual and necessary expenditures made by him in connection with all trials and hearings provided for in this section.

History. Laws 1915, ch. 112, §§ 6 to 8; C.S. 1920, §§ 1403 to 1405; R.S. 1931, §§ 30-206 to 30-208; C.S. 1945, §§ 27-206 to 27-208; W.S. 1957, §§ 18-221 to 18-223; Laws 1977, ch. 124, § 1.

§ 18-3-904. Hearing by the supreme court.

Either party may commence a proceeding in error in the supreme court by filing a petition in error as in civil actions within thirty (30) days after the entry and judgment provided by W.S. 18-3-902 . The supreme court may upon motion of the attorney general fix a time within which the necessary records of the proceedings and the briefs of the parties shall be filed and advance the cause for hearing. No proceeding in error shall suspend or supersede a judgment of the district court removing such officer, but such officer shall be suspended and barred from performing the duties of his office from the time of the entry of such judgment so long as the same remains unreversed.

History. Laws 1915, ch. 112, § 9; C.S. 1920, § 1406; R.S. 1931, § 30-209; C.S. 1945, § 27-209; W.S. 1957, § 18-224; Laws 1977, ch. 124, § 1.

Cross references. —

For rules of appellate procedure generally, see Wyoming Court Rules Annotated.

Editor's notes. —

Proceedings in error were abolished by Rule 72 (d), W.R.C.P. which also provided that the words “proceeding in error” where used in the laws of the state shall be held to mean “appeal.” Rules 72 through 76, W.R.C.P., were superseded, effective August 1, 1978, by the Wyoming Rules of Appellate Procedure.

In general. —

Cause will be advanced for hearing on merits. State v. Scott, 34 Wyo. 163, 242 P. 322, 1926 Wyo. LEXIS 31 (Wyo. 1926).

Direct appeal. —

Direct appeal lies to the supreme court in addition to writ of error, as provided in this section. State v. Scott, 34 Wyo. 163, 242 P. 322, 1926 Wyo. LEXIS 31 (Wyo. 1926).

Failure to fix time. —

Proceedings in error, under this section, will not be dismissed for failure of supreme court, without fault of plaintiff in error, to rule on motion to fix time for filing briefs and records and advance cause for hearing, where all necessary papers and journal entries are before court, and plaintiff in error has filed brief on merits. State v. Morgan, 34 Wyo. 153, 242 P. 326, 1926 Wyo. LEXIS 32 (Wyo. 1926).

Time to commence proceedings. —

Proceedings in error under this section may be commenced within 30 days after overruling of motion for new trial. State v. Morgan, 34 Wyo. 153, 242 P. 326, 1926 Wyo. LEXIS 32 (Wyo. 1926).

Insufficiency of pleading considered on appeal. —

Insufficiency of pleading, urged as ground for exclusion of evidence, but not relied on by the court in excluding it, in an action to remove a county commissioner, will not be considered on appeal, since this article provides that such question be considered at trial. State v. Morgan, 35 Wyo. 92, 247 P. 721, 1926 Wyo. LEXIS 12 (Wyo. 1926).

Cited in

State v. Morgan, 35 Wyo. 92, 247 P. 721, 1926 Wyo. LEXIS 12 (1926); State v. Scott, 35 Wyo. 108, 247 P. 699, 1926 Wyo. LEXIS 11 (1926).

§ 18-3-905. Criminal statutes neither repealed nor barred.

Nothing in W.S. 18-3-902 through 18-3-904 shall be construed as repealing any law making it a crime or misdemeanor for county officers to violate statutes of this state and providing a punishment for the violation. Proceedings under W.S. 18-3-902 through 18-3-904 shall not bar proceedings under any criminal statute.

History. Laws 1915, ch. 112, § 10; C.S. 1920, § 1407; R.S. 1931, § 30-210; C.S. 1945, § 27-210; W.S. 1957, § 18-225; Laws 1977, ch. 124, § 1; 2011, ch. 41, § 1.

The 2011 amendment, effective July 1, 2011, substituted “18-3-902” for “18-3-901” twice.

§ 18-3-906. Prima facie malfeasance in office by sheriffs, district attorneys and county assessors.

Every sheriff and district attorney shall prima facie be guilty of malfeasance in office and subject to removal where open and continuous violations of any law occur in the county for which such officers are employed. Every county assessor is prima facie guilty of malfeasance in office and subject to removal where the county assessor has failed to carry out and follow the legal directives and legal orders of the state board of equalization relative to assessment of property.

History. Laws 1923, ch. 53, § 1; R.S. 1931, § 30-141; C.S. 1945, § 27-211; W.S. 1957, § 18-226; Laws 1977, ch. 124, § 1; 1981, Sp. Sess., ch. 22, § 1; 1984, ch. 70, § 1.

Cross references. —

As to duties of county assessors, see § 18-3-204 .

As to cooperation between county assessor and board of equalization, see § 39-11-102 .1.

Stated in

Simons v. Laramie County Sch. Dist., 741 P.2d 1116, 1987 Wyo. LEXIS 496 (Wyo. 1987).

§ 18-3-907. [Repealed.]

Repealed by Laws 2011, ch. 41, § 2.

Editor's notes. —

This section, which derived from Laws 1899, ch. 7, §§ 1 to 3; R.S. 1899, §§ 1247 to 1249; C.S. 1910, §§ 1159 to 1161; C.S. 1920, §§ 1395 to 1397; R.S. 1931, §§ 30-138 to 30-140; C.S. 1945, §§ 27-212 to 27-214; W.S. 1957, §§ 18-227 to 18-229; Laws 1977, ch. 124, § 1; 2004, ch. 42, § 1, related to officers not liable to impeachment, removal by commissioners, grounds, procedure, testimony, filling vacancies, and right of appeal.

Laws 2011, ch. 41, § 3, makes the act effective July 1, 2011.

Cross references. —

See also § 18-3-901 , as to applicability of this section to removal of officers generally.

For provision that justices of the peace shall not be liable to impeachment, see art. 3, § 18, Wyo. Const.

For constitutional provision that all officers not liable to impeachment shall be subject to removal for misconduct or malfeasance in office, in such manner as may be provided by law, see art. 3, § 19, Wyo. Const.

§ 18-4-101. Public money to be paid into treasury.

All county officers receiving money for any county shall pay the same into the county treasury of the proper county.

History. Laws 1877, p. 31, § 1; R.S. 1887, § 1916; R.S. 1899, § 1232; C.S. 1910, § 1144; C.S. 1920, § 1380; R.S. 1931, § 30-123; C.S. 1945, § 28-101; W.S. 1957, § 18-230; Laws 1977, ch. 124, § 1.

§ 18-4-102. Officers to be paid in warrants; direct deposit program authorized.

1. All county officers are prohibited from paying themselves from money belonging to any county which may be in their possession, but shall receive pay for services rendered to a county by warrants drawn upon the county treasury by the board of county commissioners.
2. All salary and wage payments to persons employed by a county including county officers may be made by direct deposit if the county clerk chooses to implement a direct deposit program, unless the employee elects not to participate in the program. The county clerk shall receive an order from the board of county commissioners authorizing the release of monies prior to each county payroll distribution as provided by subsection (a) of this section.

History. Laws 1877, p. 31, § 2; R.S. 1887, § 1917; R.S. 1899, § 1233; C.S. 1910, § 1145; C.S. 1920, § 1381; R.S. 1931, § 30-124; C.S. 1945, § 28-102; W.S. 1957, § 18-231; Laws 1977, ch. 124, § 1; 2005, ch. 6, § 1.

The 2005 amendment, effective July 1, 2005, added (b), designating the existing provision as (a).

§ 18-4-103. Office of county clerk and budget-making authority compatible.

The office of county clerk and the office of budget-making authority are declared compatible.

History. Laws 1945, ch. 162, § 2; C.S. 1945, § 28-104; W.S. 1957, § 18-232; Laws 1977, ch. 124, § 1.

§ 18-4-104. Certificates of indebtedness; purposes for which authorized; interest; precedence over other claims; order of payment; current year defined.

1. When there are insufficient funds in the county treasury to meet the current obligations of the county each board of county commissioners may issue certificates of indebtedness for current expenses of the county and particularly for maintaining courts, boarding prisoners, prosecution of criminals and salaries of county officers.
2. With the permission of the board of county commissioners, the county hospital, library, welfare or fair board may issue certificates of indebtedness in cases where there are insufficient funds in the county treasury to meet their current obligations for the necessary expenses for continuing the services and functions for which the boards are responsible and the expenses of the boards during July through November.
3. The certificates of indebtedness shall bear interest at not more than six percent (6%) per annum payable from the funds of the board issuing the certificate. The total amount of certificates issued by each of the boards shall not exceed the following amounts in any one (1) year:
   1. For county hospitals, thirty percent (30%) of that portion of the budget approved by the board of county commissioners to be derived from tax levies during the current year;
   2. For county fairs, eighty percent (80%) of the budget estimate of anticipated income for the year of issuance;
   3. For county libraries, thirty percent (30%) of the budget estimate of anticipated income for the year of issuance;
   4. For welfare boards, fifty percent (50%) of that portion of the budget for general welfare and health approved by the board of county commissioners to be derived from tax levies during the current year.
4. The provisions of this section do not give authority to any of the boards to spend in excess of their total budgeted expenditures as approved according to law.
5. Certificates are issuable by the board of county commissioners and by the county hospital, library, welfare or fair boards even though there may be a balance in the cash reserve fund of each of the boards.
6. The certificates of indebtedness shall be payable out of the taxes levied and collected for the current year for use of the boards and shall be paid out of the first tax funds available to each board. They shall state they are payable out of the revenues of the county for the year of issuance and shall be clearly distinguishable from county orders or warrants.
7. When county hospital, library, welfare or fair boards resolve to issue the certificates they shall forward to the county treasurer a copy of the resolution, certified by the presiding officer of the board, setting forth the number and amount of all such certificates to be issued.
8. The certificates of indebtedness are a first and prior charge upon the taxes collected for the year of their issuance, and shall be first paid out of funds in the county treasury derived from taxes, fines or other sources of revenue collected or paid into the county treasury during the year of issuance, excluding sums received for delinquent taxes or fines for any previous year.
9. The term “current year” as used in this section means the year commencing at twelve (12:00) noon on the preceding first Monday of January and ending at the same hour on the first Monday of the following January.

History. Laws 1895, ch. 106, §§ 1, 2, 4; R.S. 1899, §§ 1218, 1219, 1221; C.S. 1910, §§ 1130, 1131, 1133; Laws 1913, ch. 120, §§ 1, 2; C.S. 1920, §§ 1364, 1365, 1367; R.S. 1931, §§ 30-104, 30-105, 30-107; Laws 1943, ch. 110, § 1; C.S. 1945, §§ 28-105 to 28-107; Laws 1953, ch. 50, § 1; W.S. 1957, §§ 18-233 to 18-235; Laws 1977, ch. 124, § 1.

Cross references. —

For constitutional provision as to endorsement on bond or evidence of debt that is issued pursuant to law and is within debt limit, see art. 16, § 8, Wyo. Const.

As to counties not being liable for claims for treatment of contagious diseases except for indigent patients, see § 35-4-102 .

As to payment of expenses caused by quarantine of area because of infectious or contagious disease, see § 35-4-103 .

As to interest rates generally, see § 40-14-106(e).

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Reference. —

This section is referred to in settling property and indebtedness between a new county and the parent county. In re Fremont County, 8 Wyo. 1, 54 P. 1073, 1898 Wyo. LEXIS 21 (Wyo. 1898).

Refunding bonds. —

A county may issue refunding bonds to redeem outstanding bonds. Board of Comm'rs v. Rollins, 9 Wyo. 281, 62 P. 351, 1900 Wyo. LEXIS 19 (Wyo. 1900).

Revocation. —

Where county commissioners contracted with attorneys to defend county in court actions, allowed claim for retainer and issued certificates of indebtedness, which were registered and assigned by payees for value, but later passed resolution to effect that attorneys had not rendered service, cancelled certificates and ordered treasurer not to pay them, allowance of claim and issuance of certificates did not preclude county from contesting the claim, as certificates are merely orders on the treasurer to pay when funds available, and may be revoked and payment stopped if later a defense develops which justifies recision of contract. Treasurer in a mandamus action may plead the resolution and order of commissioners as his defense. State ex rel. Robertson Inv. Co. v. Patterson, 47 Wyo. 416, 38 P.2d 617, 1934 Wyo. LEXIS 36 (Wyo. 1934).

Cited in

In re Fremont County, 8 Wyo. 1, 54 P. 1073, 1898 Wyo. LEXIS 21 (1898).

§ 18-4-105. Order of paying warrants; exception as to Laramie and Albany counties.

All taxes and licenses are payable in money, and all properly attested orders and warrants are entitled to preference for payment according to date of presentation and acceptance at the treasurer’s office, the oldest date to have preference. The treasurer shall not refuse to pay any order or warrant because there are unpresented prior orders or warrants if there is sufficient money in the treasury to pay all prior orders or warrants, with interest due thereon, as well as the order then presented. When the total of payable, interest drawing unpresented orders, amounts to five hundred dollars ($500.00), the treasurer shall cause two (2) weekly notices to be inserted in the official county newspaper briefly describing them by numbers, date, amount and in whose favor drawn, notifying the holders that they will cease to draw interest ten (10) days after the second notice. This section shall not apply to Laramie and Albany counties.

History. Laws 1879, ch. 62, § 1; R.S. 1887, § 3816; R.S. 1899, § 1856; C.S. 1910, § 2390; C.S. 1920, § 2839; R.S. 1931, § 115-304; C.S. 1945, § 28-108; W.S. 1957, § 18-236; Laws 1977, ch. 124, § 1.

Cited in

Kelley v. Rhoads, 7 Wyo. 237, 51 P. 593, 1898 Wyo. LEXIS 2 , 39 L.R.A. 594 (1898).

§ 18-4-106. Cancellation of warrants and certificates; generally.

1. The county treasurer shall on the first Monday of December in each year cancel all unpaid county warrants which have been issued for more than twelve (12) months. He shall at the same time cancel all county certificates of indebtedness issued by the board of county commissioners or by the county hospital, library, welfare or fair boards which have not been presented for payment within one (1) year after he has given legal notice that there was money in the county treasury to pay them. The county treasurer shall certify to the board of county commissioners or to the county hospital, library, welfare or fair board the number and amount of each county warrant and certificate of indebtedness cancelled. The board of county commissioners and the county hospital, library, welfare or fair boards shall enter the list upon its journal and have the list published in the minutes of the regular December meeting of the board of county commissioners or the county hospital, library, welfare or fair boards.
2. Any person holding a cancelled county warrant or certificate of indebtedness may present the warrant or certificate to the board of county commissioners within five (5) years after the date of cancellation, and they shall issue the holder of the warrant or certificate a new warrant in the same amount due on the original warrant or certificate at the time cancelled.

History. Laws 1909, ch. 127, §§ 1, 2; C.S. 1910, §§ 1201, 1202; C.S. 1920, §§ 1447, 1448; Laws 1927, ch. 2, §§ 1, 2; R.S. 1931, §§ 30-1120, 30-1121; C.S. 1945, §§ 28-109, 28-110; Laws 1953, ch. 50, § 2; W.S. 1957, §§ 18-237, 18-238; Laws 1977, ch. 124, § 1.

Cross references. —

As to cancellation of school district warrants, see § 21-13-103 .

Apportionment of indebtedness. —

Amount of cancelled warrants and certificates should be included as part of indebtedness of original county in apportioning indebtedness between it and a new county. Board of Comm'rs v. Board of Comm'rs, 25 Wyo. 172, 166 P. 674, 1917 Wyo. LEXIS 18 (Wyo. 1917).

§ 18-4-107. County officer discounting warrant; penalty.

Any treasurer, clerk, sheriff, or member of the board of commissioners of a county, who shall purchase or receive any warrant or demand against such county for less than the face value of such demand, shall be fined not more than five hundred dollars ($500.00).

History. Laws 1890, ch. 73, § 128; R.S. 1899, § 5094; C.S. 1910, § 5945; C.S. 1920, § 7234; R.S. 1931, § 32-625; C.S. 1945, § 9-639; W.S. 1957, § 6-177; W.S. 1977, § 6-8-507; Laws 1982, ch. 75, § 1.

§ 18-4-108. Refusal of county treasurer to pay indebtedness or receive order in payment of taxes; penalty therefor.

Any county treasurer who, upon presentation of any auditor’s warrant, county order, or like evidence of indebtedness for payment, shall refuse payment thereof, there being then in such treasury sufficient funds appropriated by law for the payment of such warrant, order or like indebtedness, or wherefrom by law, payment thereof ought to be made, and any county treasurer or collector of taxes who, upon presentation of any auditor’s warrant, county order or other like certificate or evidence of indebtedness in payment of any taxes which may by law, be paid therein, shall refuse to receive such order, warrant or certificate in payment of such taxes, every such officer so offending shall be liable to indictment and upon conviction shall be fined in any sum not exceeding five hundred dollars ($500.00). This section shall extend to the deputies of every such treasurer or collector of taxes.

History. Laws 1890, ch. 73, § 145; R.S. 1899, § 5105; C.S. 1910, § 5956; C.S. 1920, § 7245; R.S. 1931, § 32-636; C.S. 1945, § 9-641; W.S. 1957, § 6-179; W.S. 1977, § 6-8-509; Laws 1982, ch. 75, § 1.

Cross references. —

As to the county treasurer failing, neglecting or refusing to pay any order presented to him for payment, there being then money in the treasury appropriated for that purpose, as guilty of malfeasance, see § 18-3-813 .

§ 18-4-201. Election for establishment; mill levy; custodian; restriction on use; investment.

1. Each board of county commissioners may by resolution provide for an election to decide whether a building fund of a specified amount to be raised within a specified time not exceeding ten (10) years, should be accumulated to erect, add to or improve county buildings. After the resolution has been made the proposal shall be submitted on a separate ballot to the qualified electors of the county, at an election called, conducted, canvassed and returned in the manner provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112 . The ballot shall set forth in concise language the purpose for establishing the building fund and shall permit each voter to vote “For the establishment of a building fund” or “Against the establishment of a building fund”. If a majority is in favor of the proposal to establish the building fund the proposal carries, and if a majority is against the proposal it fails.
2. If the proposal carries the board of county commissioners may levy a tax to raise money directly for the building fund, providing this levy and other county levies do not exceed the constitutional limitation in addition:
   1. The funds so raised shall be kept by the county treasurer until sufficient to commence the building, addition or improvement;
   2. The building fund shall be held by the county treasurer for the purpose specified and shall not be used for any other purpose;
   3. The county commissioners may invest these funds to realize the greatest amount of interest as provided by W.S. 9-4-831 .

History. Laws 1957, ch. 203, §§ 1 to 5; W.S. 1957, §§ 18-239 to 18-243; Laws 1977, ch. 124, § 1; 1994, ch. 19, § 1; 1996, ch. 97, § 2; 2004, ch. 130, § 1.

Cross references. —

As to elections generally, see title 22.

The 2004 amendment, in (b)(iii), substituted “W.S. 9-4-831 ” for “W.S. 9-612.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 18-4-301. Authority as to issuance; maximum indebtedness permitted.

Each board of county commissioners may create an indebtedness which with the existing indebtedness of the county does not exceed the constitutional debt limitation for counties, whenever the proposition to create the debt has been submitted and approved by a vote of the people in the county.

History. Laws 1903, ch. 76, § 1; C.S. 1910, § 1099; C.S. 1920, § 1333; R.S. 1931, § 29-701; C.S. 1945, § 28-201; W.S. 1957, § 18-244; Laws 1977, ch. 124, § 1.

Legislative intent as to selection of procedure where not specified. —

In the absence of a reference to a particular bonding procedure, the legislature intended in enacting ch. 150, Laws 1951 (§§ 18-9-101 to 18-9-103 ), relative to the issuance of bonds for fairgrounds, airports, parks, etc., that the board of county commissioners should have the right and option to select and follow either of the statutory requirements then in effect (§§ 18-4-301 to 18-4-303 and 18-4-306 to 18-4-310 , relative to bonds generally, or §§ 18-4-401 to 18-4-409 , relative to viaducts and subway bonds) and otherwise applicable to the proposed bond issue. Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

No material variance between statutes. —

An examination of the provisions of §§ 18-4-301 to 18-4-303 and 18-4-306 to 18-4-310 and 18-4-401 to 18-4-409 discloses no material variance between them. In fact, many requirements in both statutes are couched in identical language. Both provide that the board of county commissioners shall cause to be levied annually upon all taxable property in the county, in addition to other authorized taxes, a tax in a sum sufficient to pay the interest on bonds as the same becomes due and to redeem the bonds upon maturity, said tax to be levied and collected in the same manner as other taxes in said county. Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

Delegation of taxing authority sufficient under either statute to meet constitutional requirements. —

The delegation of taxing authority is sufficient under either §§ 18-4-301 to 18-4-303 and 18-4-306 to 18-4-310 , relative to bonds generally, or §§ 18-4-401 to 18-4-409 , relative to viaduct and subway bonds, to meet the requirements set forth in art. 15, § 13, Wyo. Const.Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

Am. Jur. 2d, ALR and C.J.S. references. —

Presumption and burden of proof as to violation of or compliance with public debt limitations, 16 ALR2d 515.

Inclusion of tax-exempt property in determining value of taxable property for debt limit purposes, 30 ALR2d 903.

§ 18-4-302. Election upon question of issuance generally; terms; purposes.

Each board of county commissioners may submit to the electors of the county the question of whether the board of county commissioners shall be authorized to issue registered coupon bonds of the county. The bonds shall be of a certain amount which with the existing indebtedness of the county shall not exceed the constitutional debt limitation for counties, shall bear interest and be issued payable and redeemable in the manner provided by this article. The purpose of the bonds is to provide for the construction, remodeling or enlargement of a courthouse or jail, construction, remodeling or enlargement of a county library or county library branches, planning, creation, construction and equipping of a fiber optic communications system, purchasing a site or the necessary furnishings and equipment for such facilities, or to construct or improve roads, highways, bridges, viaducts or subways of a permanent nature, under the supervision of the board of county commissioners or for joint facilities as provided by W.S. 18-2-105 .

History. Laws 1903, ch. 76, § 2; C.S. 1910, § 1100; C.S. 1920, § 1334; Laws 1921, ch. 67, § 1; 1923, ch. 29, § 1; R.S. 1931, § 29-702; C.S. 1945, § 28-202; Laws 1947, ch. 57, § 1; W.S. 1957, § 18-245; Laws 1961, ch. 101, § 1; 1971, ch. 254, § 14; 1975, ch. 137, § 1; 1977, ch. 124, § 1; 1981, ch. 143, § 1; 1982, ch. 12, § 1; ch. 28, § 1; 1997, ch. 143, § 1.

Cross references. —

For constitutional provision as to endorsement on bond or evidence of debt that is issued within debt limit, see art. 16, § 8, Wyo. Const.

As to limitation on amount of county debt, see art. 16, § 3, Wyo. Const.

As to elections generally, see title 22.

As to interest rates generally, see § 40-14-106(e).

Requirements of notice. —

Notice of special bond issue election on the proposition of issuance of road bonds need not state the polling places. State ex rel. Sheridan Inv. Co. v. Board of County Comm'rs, 28 Wyo. 30, 200 P. 469, 1921 Wyo. LEXIS 1 (1921).

Am. Jur. 2d, ALR and C.J.S. references. —

Inclusion of several structures or units as affecting validity of submission of proposition to voters at bond election, 4 ALR2d 617.

Rescission of vote authorizing school district or other municipal bond issue, expenditure, or tax, 68 ALR2d 1041.

Absentee voters' laws as applied to municipal bond elections, 97 ALR2d 257.

Inclusion or exclusion of first and last days in computing time for giving notice of bond issue election, which must be given a certain number of days before a known future date, 98 ALR2d 1331.

§ 18-4-303. Proposition may be submitted at election.

The proposition to create the debt may be submitted to a vote of the qualified electors of the county at an election called, conducted, canvassed and returned in the manner provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112 .

History. Laws 1903, ch. 76, § 3; C.S. 1910, § 1101; C.S. 1920, § 1335; R.S. 1931, § 29-703; C.S. 1945, § 28-203; W.S. 1957, § 18-246; Laws 1977, ch. 124, § 1; 1996, ch. 97, § 2.

Polling places. —

Notice of special election on the issuance of road bonds need not state the polling places, as the same “manner” as general elections includes the polling places and machinery for general elections. State ex rel. Sheridan Inv. Co. v. Board of County Comm'rs, 28 Wyo. 30, 200 P. 469, 1921 Wyo. LEXIS 1 (1921).

§ 18-4-304. Form; terms; conditions.

1. Bonds issued by the board of county commissioners:
   1. Shall bear lawful interest rates;
   2. Shall be payable annually or semiannually;
   3. May be evidenced by one (1) or two (2) sets of coupons if any but the first coupon may evidence interest for period not in excess of one (1) year;
   4. May be in one (1) or more series;
   5. May be issued on different dates;
   6. Shall mature no later than twenty-five (25) years from their date of issue;
   7. May be in different denominations;
   8. Shall be payable in a designated medium of payment at any designated place;
   9. May carry registration privileges;
   10. May be subject to redemption before maturity in order or by lot or otherwise at designated times, with or without premium;
   11. May bear privileges for reissuance and may be reissued in the same or other denominations without modification of maturities and interest rates;
   12. May be in either coupon or registered form;
   13. With interest coupons attached thereto shall be fully negotiable as provided by the Uniform Commercial Code — Investment Securities [§§ 34.1-8-101 through 34.1-8-603].
2. Each holder of the bond or coupon, by accepting same does conclusively agree that the bond or coupon except as otherwise provided is fully negotiable within the meaning of the Uniform Commercial Code — Investment Securities [§§ 34.1-8-101 through 34.1-8-603].
3. The various annual maturities shall commence not later than the fifth year after the date of the bonds. All bonds shall mature serially in any manner the board may determine.

History. Laws 1973, ch. 55, § 1; 1977, ch. 124, § 1.

Law reviews. —

See “Administration of the General Property Tax in Wyoming,” 4 Wyo. L.J. 227.

§ 18-4-305. Form; execution; payment; presumed valid.

1. Bonds shall be signed by the chairman of the board of county commissioners and countersigned by the county treasurer or his deputy. Any coupons shall be signed by the county treasurer or his deputy. The county clerk shall endorse a certificate upon every bond that it is issued pursuant to law and is within the lawful debt limit of the county. The board of county commissioners may authorize another member of the board to sign any bond or certificate in place of the chairman or county clerk. It is not necessary for any bond to bear the seal of the county. Bonds and coupons shall otherwise be in such form as the board may determine. The board may utilize a statutory form of bond which shall include the following details:
   1. The name of the county and the date of the bond;
   2. The principal amount thereof and interest rate or rates payable;
   3. The place or places and time or times of payment of principal and interest;
   4. The prior redemption option, if any;
   5. A recital that the bond is one of a series approved at an election held for that purpose, that the total indebtedness of the county does not exceed the lawful debt limit of the county and that the bond has been issued under the authority of, in full compliance with and for a purpose authorized by the constitution and by law.
2. A bond delivered to the purchaser in the optional statutory form shall:
   1. Be payable in lawful money of the United States of America without deduction for exchange or collection charges;
   2. Be conclusively presumed to have been issued for value;
   3. Be payable upon presentation and surrender of the bond and the attached coupons as they severally become due;
   4. If not paid upon presentation at maturity, continue to draw interest until the principal thereof is paid in full;
   5. Be presumed to have been issued by the proper officers of the county under and by virtue of and in full conformity with the constitution and laws of Wyoming, any amendments thereto, and all other laws thereunto enabling; and
   6. Be incontestable as hereafter provided.
3. Any resolution of a board of county commissioners authorizing bonds may provide that each bond therein authorized shall recite that it is issued under the authority of W.S. 18-4-304 and 18-4-305 . The recital shall conclusively impart full compliance with all the provisions hereof and all bonds issued containing the recital are incontestable for any cause whatsoever after their delivery for value.

History. Laws 1973, ch. 55, § 1; 1977, ch. 124, § 1; 1981, ch. 143, § 1; 1982, ch. 28, § 1.

§ 18-4-306. Notice of intention to issue and sell.

The board shall give notice by posting on the county’s official website in the manner provided in W.S. 18-3-516(f) and by publication in the county’s designated official newspaper.

History. Laws 1903, ch. 76, § 6; C.S. 1910, § 1104; C.S. 1920, § 1338; R.S. 1931, § 29-706; C.S. 1945, § 28-206; Laws 1953, ch. 20, § 1; W.S. 1957, § 18-249; Laws 1977, ch. 124, § 1; 2014, ch. 85, § 1.

The 2014 amendment, rewrote the section which formerly read: “The board shall give notice by publication in some newspaper published in the county if there be one, otherwise by three (3) notices posted in the county, one of which shall be at the courthouse door of its intention to issue and negotiate the bonds and to invite bidders therefor. The notice shall also be published in some newspaper of general circulation in Cheyenne.”

§ 18-4-307. Engraving; registration; endorsement.

After ascertaining the best terms and the lowest interest at which the bonds can be negotiated the board shall secure the proper engraving and printing and consecutive numbering thereof and the bonds shall be properly prepared and executed. When executed they shall be registered by the county clerk in a public record book kept for that purpose showing the number, date, amount of bond, time and place of payment, rate of interest, number of coupons attached and any other description for future identification. The county clerk shall endorse and officially sign a certificate upon every bond stating that it is within the lawful debt limit of the county and is issued according to law.

History. Laws 1903, ch. 76, § 7; C.S. 1910, § 1105; C.S. 1920, § 1339; R.S. 1931, § 29-707; C.S. 1945, § 28-207; W.S. 1957, § 18-250; Laws 1977, ch. 124, § 1.

§ 18-4-308. Treasurer to register bonds in book; information to be shown.

The county treasurer shall keep a book in which shall be registered all bonds issued showing the number, date of issue, to whom issued, amount of bond, date of redemption and payment of interest and principal.

History. Laws 1903, ch. 76, § 8; C.S. 1910, § 1106; C.S. 1920, § 1340; R.S. 1931, § 29-708; C.S. 1945, § 28-208; W.S. 1957, § 18-251; Laws 1977, ch. 124, § 1.

§ 18-4-309. Tax levy for purpose of redemption; payment from general fund; reimbursement.

The board of county commissioners shall annually levy upon all taxable property in the county, in addition to other authorized taxes, a sufficient sum to pay the interest on all bonds and shall at least five (5) years before the bonds become optional, and in time to provide means for their payment, annually levy not less than one (1) mill to pay the bonds as they become optional. All such taxes shall be levied, assessed and collected as other county taxes until the bonds and interest are fully paid. Should the tax for payment of interest on bonds issued not be levied or collected in time for payment the interest shall be paid from monies in the general fund of the county and the money so used shall be repaid to the general fund out of the first monies collected from taxes.

History. Laws 1903, ch. 76, § 9; C.S. 1910, § 1107; C.S. 1920, § 1341; R.S. 1931, § 29-709; C.S. 1945, § 28-209; W.S. 1957, § 18-252; Laws 1977, ch. 124, § 1.

§ 18-4-310. Payment of bonds guaranteed; effect of county division.

The faith, credit and all taxable property within the county as constituted at the time of issue are and shall continue pledged to the payment of the principal and interest of the bonds. In the event of the division of any such county the segregated territory is relieved from any obligation occasioned by the issuance of the bonds when the county acquiring such territory pays its proportionate share as provided by W.S. 18-1-316 through 18-1-320 .

History. Laws 1903, ch. 76, § 10; C.S. 1910, § 1108; C.S. 1920, § 1342; R.S. 1931, § 29-710; C.S. 1945, § 28-210; W.S. 1957, § 18-253; Laws 1977, ch. 124, § 1.

Cross references. —

As to organization of new counties, see §§ 18-1-301 to 18-1-320 .

§ 18-4-401. Power of county commissioners.

Each board of county commissioners may establish, construct, purchase, extend, maintain and regulate highway viaducts or subways on any highway including city or town streets within the county.

History. Laws 1921, ch. 167, § 1; R.S. 1931, § 29-801; C.S. 1945, § 28-501; W.S. 1957, § 18-254; Laws 1977, ch. 124, § 1.

Legislative intent as to selection of procedure where not specified. —

In the absence of a reference to a particular bonding procedure, the legislature intended in enacting ch. 150, Laws 1951 (§§ 18-9-101 to 18-9-103 ), relative to issuance of bonds for fairgrounds, airports, parks, etc., that the board of county commissioners should have the right and option to select and follow either of the statutory requirements then in effect (§§ 18-4-301 to 18-4-303 and 18-4-306 to 18-4-310 , relative to bonds generally, or §§ 18-4-401 to 18-4-409 , relative to viaducts and subway bonds) and otherwise applicable to the proposed bond issue. Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

No material variance between statutes. —

An examination of the provisions of §§ 18-4-301 to 18-4-303 , 18-4-306 to 18-4-310 and 18-4-401 to 18-4-409 discloses no material variance between them. In fact, many requirements in both statutes are couched in identical language. Both provide that the board of county commissioners shall cause to be levied annually upon all taxable property in the county, in addition to other authorized taxes, a tax in a sum sufficient to pay the interest on bonds as the same becomes due and to redeem the bonds upon maturity, said tax to be levied and collected in the same manner as other taxes in said county. Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

Delegation of taxing authority sufficient under either statute to meet constitutional requirements. —

The delegation of taxing authority is sufficient under either §§ 18-4-301 to 18-4-303 and 18-4-306 to 18-4-310 , relative to bonds generally, or §§ 18-4-401 to 18-4-409 , relative to viaduct and subway bonds, to meet the requirements set forth in art. 15, § 13, Wyo. Const.Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

§ 18-4-402. Call for bond election; amount authorized; purpose.

Each board of county commissioners may submit to the electors of the county the question whether the board of county commissioners shall be authorized to issue bonds of the county in an amount which together with existing indebtedness shall not exceed the county’s constitutional debt limitation, for the purposes specified in W.S. 18-4-401 .

History. Laws 1921, ch. 167, § 2; R.S. 1931, § 29-802; C.S. 1945, § 28-502; W.S. 1957, § 18-255; Laws 1977, ch. 124, § 1.

Cross references. —

As to bond elections generally, see §§ 22-21-101 to 22-21-112 .

§ 18-4-403. Conduct of election.

The proposition to issue the bonds shall be submitted to the qualified electors of the county at an election called, conducted, canvassed and returned in the manner provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112 . The proposition submitted shall specify the amount of bonds to be issued, the rate of interest and the purpose for which it is proposed. At any election the official ballot shall contain the words “For Viaduct or Subway Bonds” and “Against Viaduct or Subway Bonds.”

History. Laws 1921, ch. 167, § 3; R.S. 1931, § 29-803; C.S. 1945, § 28-503; W.S. 1957, § 18-256; Laws 1977, ch. 124, § 1; 1996, ch. 97, § 2.

Cross references. —

As to bond elections generally, see §§ 22-21-101 to 22-21-112 .

§ 18-4-404. Form, terms, conditions and execution of bonds; payment and interest; sale price.

1. The viaduct or subway bonds:
   1. Shall be payable thirty (30) years from the date of issue;
   2. Shall be redeemable at the option of the county after ten (10) years;
   3. Shall bear interest payable on January 15 and July 15 each year;
   4. Shall be issued in any combination of one thousand dollars ($1,000.00), five hundred dollars ($500.00) or one hundred dollars ($100.00) denominations;
   5. Shall be consecutively numbered from the number one (1);
   6. Shall be signed by the chairman of the board of county commissioners and attested by the county clerk who shall affix the county seal thereto;
   7. May have attached when negotiated, semiannual interest coupons signed by the county treasurer.
2. At the request of the purchaser or holder the county treasurer shall issue to him registered bonds or shall exchange registered bonds for coupon bonds. The principal and interest shall be payable at the office of the county treasurer of the county, at the office of the state treasurer or at some bank in the City of New York as designated by the board of county commissioners. The bonds shall not be sold for less than their full or par value and the accrued interest thereon at the time of delivery.

History. Laws 1921, ch. 167, § 4; R.S. 1931, § 29-804; C.S. 1945, § 28-504; Laws 1971, ch. 254, § 15; W.S. 1957, § 18-257; Laws 1977, ch. 124, § 1; 1981, ch. 143, § 1; 1982, ch. 28, § 1.

Cross references. —

As to interest rates generally, see § 40-14-106(e).

§ 18-4-405. Notice of intention to issue and sell.

The board of county commissioners shall give notice by posting on the county’s official website in the manner provided in W.S. 18-3-516(f) and by publication in the county’s designated official newspaper.

History. Laws 1921, ch. 167, § 5; R.S. 1931, § 29-805; C.S. 1945, § 28-505; W.S. 1957, § 18-258; Laws 1977, ch. 124, § 1; 2014, ch. 85, § 1.

The 2014 amendment, rewrote the section which formally read: “The board of county commissioners shall give notice by publication in some newspaper published and of general circulation in the county if there be one; otherwise by three (3) notices posted in the county one (1) of which is posted at the courthouse door, of its intention to issue and negotiate the bonds and to invite bidders therefor. The notice shall also be published in some newspaper published and of general circulation in the cities of Cheyenne, Wyoming; Denver, Colorado; Chicago, Illinois and New York City, New York.”

§ 18-4-406. Registration and endorsement.

The county treasurer shall maintain records in which is registered all bonds showing the number of the bond, the amount, date of issue, to whom issued, date of redemption, rate of and payment of interest and the time and place of payment. The county clerk shall endorse and officially sign a certificate upon every bond that it is within the lawful debt limit of the county and is issued according to law.

History. Laws 1921, ch. 167, § 6; R.S. 1931, § 29-806; C.S. 1945, § 28-506; W.S. 1957, § 18-259; Laws 1977, ch. 124, § 1; 1980, ch. 49, § 2.

§ 18-4-407. Tax levy for purpose of redemption; restriction upon use of monies collected.

The board of county commissioners shall annually levy upon all taxable property in the county in addition to other authorized taxes a tax sufficient to pay the principal and interest on the bonds as they become due which shall be levied and collected in the same manner as other taxes in the county. The taxes collected shall be known as the viaduct or subway tax and shall only be used for the payment of interest and principal of the bonds.

History. Laws 1921, ch. 167, § 7; R.S. 1931, § 29-807; C.S. 1945, § 28-507; W.S. 1957, § 18-260; Laws 1977, ch. 124, § 1.

§ 18-4-408. Payment from general fund when tax not levied; reimbursement.

Should the tax for the payment of interest on any bonds not be levied or collected in time to meet the payment the interest shall be paid out of any monies in the general fund of the county and the money so used shall be repaid to the general fund from the first monies collected from viaduct or subway taxes.

History. Laws 1921, ch. 167, § 8; R.S. 1931, § 29-808; C.S. 1945, § 28-508; W.S. 1957, § 18-261; Laws 1977, ch. 124, § 1.

§ 18-4-409. Redemption of bonds.

Any county issuing bonds shall annually after the tenth year redeem at least one-twentieth (1/20) of the bonds. The bonds redeemed each year shall be determined by lot.

History. Laws 1921, ch. 167, § 9; R.S. 1931, § 29-809; C.S. 1945, § 28-509; W.S. 1957, § 18-262; Laws 1977, ch. 124, § 1.

§ 18-4-501. Issuance authorized; purpose; terms and conditions; provisions for payment and redemption.

1. Each board of county commissioners may issue negotiable coupon bonds of their county for the purpose of paying, redeeming, funding or refunding the principal and interest of any indebtedness of their county when it can be done at a lower rate of interest to the benefit of the county. The bonds:
   1. Shall be issued as near as practicable in denominations of one thousand dollars ($1,000.00) each, but may be issued in denominations of five hundred dollars ($500.00) and one hundred dollars ($100.00) when necessary;
   2. Shall bear interest;
   3. Shall be paid on January 1 and July 1 in each year at the office of the county treasurer or at a bank in New York City as designated by the board of county commissioners at the option of the holder;
   4. Shall be redeemed by the county in the following manner:
      1. Ten percent (10%) of the total amount issued shall be paid within ten (10) years from date of issue, and ten percent (10%) of the total amount shall be paid annually thereafter until all bonds are paid, making the last bond redeemable twenty (20) years from date of issue; or
      2. Any part thereof may at the option of the county issuing them be redeemed in numerical order after five (5) years from the date of issue if the time and option is stated upon the face of each bond.
   5. May be issued serially as provided by W.S. 16-5-302 .
2. The total amount of bonds issued at any time together with the existing indebtedness of the county shall not exceed the constitutional debt limitations for counties.

History. Laws 1888, ch. 27, § 1; 1890, ch. 28, § 1; R.S. 1899, § 1209; C.S. 1910, § 1121; C.S. 1920, § 1355; Laws 1931, ch. 73, § 16; R.S. 1931, § 29-711; C.S. 1945, § 28-301; W.S. 1957, § 18-263; Laws 1971, ch. 254, § 16; 1977, ch. 124, § 1; 1981, ch. 143, § 1; 1982, ch. 28, § 1; 2004, ch. 130, § 1.

The 2004 amendment, in (a)(v), substituted “W.S. 16-5-302 ” for “W.S. 9-625.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Power to issue bonds. —

In action by a county against a bond investment company for breach of contract for the purchase of refunding bonds, the county had power to issue the bonds and a defense that the county did not have power to issue refunding bonds to retire those issued under the 1888 act was not well taken. Board of Comm'rs v. Rollins, 9 Wyo. 281, 62 P. 351, 1900 Wyo. LEXIS 19 (Wyo. 1900).

Four percent debt limit. —

Where indebtedness had been lawfully contracted from time to time under the territorial regime, and on July 10, 1890, the date of adoption of state constitution, the indebtedness was within the 4 percent limit, county was authorized to issue funding bonds to an extent not exceeding 4 percent of its taxable property as shown by the general assessment for 1889. Board of County Comm'rs v. Rollins Inv. Co., 3 Wyo. 470, 27 P. 683, 1891 Wyo. LEXIS 10 (Wyo. 1891).

Two percent limit not applicable. —

The two percent limit prescribed in the constitution does not apply in the apportionment of part of the debt of the parent county to the new county created therefrom. In re Fremont County, 8 Wyo. 1, 54 P. 1073, 1898 Wyo. LEXIS 21 (Wyo. 1898).

Stated in

Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (1959).

§ 18-4-502. Funding indebtedness.

Any county desiring to fund, refund, pay or redeem any of its outstanding indebtedness as provided by W.S. 18-4-501 may call its indebtedness to be redeemed by advertisement for two (2) weeks in the official newspaper of the county. The advertisement shall notify the holders that interest will cease twenty (20) days after the date of notice.

History. Laws 1890, ch. 28, § 2; R.S. 1899, § 1210; C.S. 1910, § 1122; C.S. 1920, § 1356; R.S. 1931, § 29-712; C.S. 1945, § 28-302; W.S. 1957, § 18-264; Laws 1977, ch. 124, § 1; 1980, ch. 49, § 2.

Cited in

Board of County Comm'rs v. Rollins Inv. Co., 3 Wyo. 470, 27 P. 683, 1891 Wyo. LEXIS 10 (1891).

§ 18-4-503. Form of bonds; coupons covering interest.

The bonds specified in W.S. 18-4-501 shall have attached when negotiated semiannual interest coupons covering interest on the bond from the date of issue until paid and shall be signed by the chairman of the board of county commissioners, attested by the county clerk, bear the seal of the board of county commissioners and be countersigned by the county treasurer. The coupons annexed to the bonds shall be signed by the county treasurer. Each coupon shall have a number corresponding with the number of the bond and each bond shall state upon its face the amount for which the same is issued, to whom issued and the date of issue and shall recite that it is issued in conformity with the provisions of W.S. 18-4-501 and 18-4-503 through 18-4-506 , which sections shall be printed on the back of each bond.

History. Laws 1888, ch. 27, § 2; R.S. 1899, § 1211; C.S. 1910, § 1123; C.S. 1920, § 1357; R.S. 1931, § 29-713; C.S. 1945, § 28-303; W.S. 1957, § 18-265; Laws 1977, ch. 124, § 1.

Cited in

In re Fremont County, 8 Wyo. 1, 54 P. 1073, 1898 Wyo. LEXIS 21 (1898).

§ 18-4-504. Notice of intention to issue and sell; printing and engraving; execution and sale; disposition of proceeds; redemption; records to be kept.

1. Each board of county commissioners shall give notice by publication in some newspaper published in the county if there be one otherwise by three (3) notices posted in the county, one (1) of which is at the courthouse door, of its intention to issue and negotiate the bonds and invite bidders therefor. The notice shall also be published in a newspaper of general circulation in Cheyenne.
2. After ascertaining the best terms and the lowest interest at which the bonds can be negotiated the board of county commissioners shall secure the proper engraving and printing, have them consecutively numbered and otherwise properly prepared and executed.
3. When the bonds are executed they shall be registered by the county clerk in a public record book kept for that purpose and therein shall be stated showing the number, date, amount of bond, time and place of payment, rate of interest, number of coupons attached and any other description for future identification. The board of county commissioners shall from time to time and in such amounts as it deems proper, deliver the bonds to the county treasurer and take and file his receipt therefor and charge him with all bonds so delivered.
4. The duties of the board of county commissioners pursuant to the provisions of W.S. 18-4-501 and 18-4-503 through 18-4-506 may be performed at any meeting thereof.
5. The treasurer under the general supervision of the board shall sell the bonds for cash or exchange them for any county indebtedness for the redemption of which they were issued, but shall not sell or exchange the bonds for less than their face or par value and the accrued interest at the time of their disposal. No county indebtedness shall be redeemed at more than its face value and any interest that may be due thereon. If any portion of the bonds are sold for money the proceeds shall be applied exclusively toward the redemption of the county indebtedness for which the bonds were issued.
6. When the treasurer redeems any county indebtedness he shall endorse by writing or stamping in ink on the face of the paper evidencing the indebtedness redeemed, the time of redemption, the amount redeemed, whether by money or the exchange of bonds and the words “redeemed” and “cancelled”. He shall keep a record of all bonds redeemed showing their number, rate of interest, date and amount of sale, when, where and to whom payable, and if exchanged, for what. The record shall be open for inspection by the public during usual office hours. He shall make detailed statements as often as required by the board of county commissioners of all bond redemption transactions and return to the board all redeemed and cancelled evidences of indebtedness.

History. Laws 1888, ch. 27, § 3; R.S. 1899, § 1212; C.S. 1910, § 1124; C.S. 1920, § 1358; Laws 1931, ch. 73, § 17; R.S. 1931, § 29-714; C.S. 1945, § 28-304; W.S. 1957, § 18-266; Laws 1977, ch. 124, § 1.

Cross references. —

As to organization of new counties, see §§ 18-1-301 to 18-1-320 .

§ 18-4-505. Annual tax for purpose of redemption; payment of bonds guaranteed; effect of county division; payment out of general fund when tax not levied; reimbursement.

1. The board of county commissioners shall annually levy upon all taxable property in the county in addition to other authorized taxes a sufficient sum to pay the interest on all bonds issued and shall at least one (1) year before the bonds become due and in time to provide means for their payment, levy a sufficient additional sum to pay bonds as they become due. All such taxes shall be levied, assessed and collected as other county taxes until the bonds are fully paid, including interest.
2. The faith, credit and all taxable property within the county as constituted at the time of issue are and shall continue pledged to the payment of the principal and interest of the bonds. In the event of the division of any county, the segregated territory is relieved from any obligation occasioned by the issuance of the bonds when the county acquiring such territory pays its proportionate share as provided by W.S. 18-1-316 through 18-1-320 .
3. Should the tax for payment of interest on bonds not be levied or collected in time for payment, the interest shall be paid out of monies in the general fund of the county and the money so used shall be repaid to the general fund out of the first monies collected from taxes.

History. Laws 1888, ch. 27, § 4; R.S. 1899, § 1213; C.S. 1910, § 1125; C.S. 1920, § 1359; R.S. 1931, § 29-715; C.S. 1945, § 28-305; W.S. 1957, § 18-267; Laws 1977, ch. 124, § 1.

Power to issue refunding bonds. —

A county had power to issue refunding bonds for the retirement of bonds issued under the 1888 act. Board of Comm'rs v. Rollins, 9 Wyo. 281, 62 P. 351, 1900 Wyo. LEXIS 19 (Wyo. 1900).

Time of levy. —

Time for making levy for redemption fund is within discretion of board of county commissioners, subject only to limitation that it must be at least a year before maturity of the bonds. Cottle v. Union P. R. Co., 201 F. 39, 1912 U.S. App. LEXIS 1990 (8th Cir. Wyo. 1912).

Cited in

In re Fremont County, 8 Wyo. 1, 54 P. 1073, 1898 Wyo. LEXIS 21 (1898).

Law reviews. —

See “Administration of the General Property Tax in Wyoming,” 4 Wyo. L.J. 227.

§ 18-4-506. Application of funds derived from sale of bonds; penalty for misappropriation.

The county treasurer shall apply all proceeds from the sale of the bonds to the payment of the county indebtedness. The proper county officials shall levy, collect and apply all applicable taxes for the payment of interest and redemption of the principal of the bonds. Any county officer who fails to comply with the provisions of this section or neglects or refuses to levy and collect any such tax is guilty of a misdemeanor and upon conviction shall be fined in an amount equal to the sum that should have been levied, or fined in the amount of any misappropriation and imprisoned in the county jail for a term of not less than three (3) months nor more than twelve (12) months.

History. Laws 1888, ch. 27, § 5; R.S. 1899, § 1214; C.S. 1910, § 1126; C.S. 1920, § 1360; R.S. 1931, § 29-716; C.S. 1945, § 28-306; W.S. 1957, § 18-268; Laws 1977, ch. 124, § 1.

§§ 18-5-101 through 18-5-107. [Repealed].

History. Repealed by Laws 2013, ch. 192, § 2.

§ 18-5-201. Authority vested in board of county commissioners; inapplicability of chapter to incorporated cities and towns; mineral resources; private schools.

1. To promote the public health, safety, morals and general welfare of the county, each board of county commissioners may regulate and restrict the location and use of buildings and structures and the use, condition of use or occupancy of lands for residence, recreation, agriculture, industry, commerce, public use and other purposes in the unincorporated area of the county. However, nothing in W.S. 18-5-201 through 18-5-208 shall be construed to contravene any zoning authority of any incorporated city or town. No zoning resolution or plan shall prevent any use or occupancy reasonably necessary to the extraction or production of the mineral resources in or under any lands subject thereto. No board of county commissioners shall require that a land use or physical development be consistent with a local land use plan unless the applicable provisions of the local land use plan have been incorporated into the local zoning regulations. Nothing in W.S. 18-5-201 through 18-5-208 shall be construed to allow any board of county commissioners, through the establishment of minimum lot size requirements or otherwise, to prevent residential or agricultural uses authorized for land divisions that are exempt from subdivision requirements pursuant to W.S. 18-5-303(a)(i). No zoning resolution or plan shall regulate and restrict the location and use of buildings and structures and the use, condition of use or occupancy of lands for the use of a private school as defined in W.S. 21-4-101(a)(iii) in any manner different from a public school, provided that the private school:
   1. Is certified by the professional engineer or architect of record for the private school as being substantially similar to school facility commission guidelines for education buildings and siting and is designed to be constructed with appropriate materials, means and methods;
   2. Has capacity for fifty (50) students or more; and
   3. Is owned and operated by a not for profit entity.

History. Laws 1959, ch. 85, § 1; 1967, ch. 202, § 1; 1977, ch. 124, § 1; 2010, ch. 82, § 1; 2019, ch. 141, § 1; ch. 196, § 1; 2021, ch. 161, § 1.

The 2010 amendment, substituted “18-5-208” for “18-5-207.”

Laws 2010, ch. 82, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2010.

The 2019 amendments. —

The first 2019 amendment, by ch. 141, § 1, added the last sentence.

Laws 2019, ch. 141, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 27, 2019.

The second 2019 amendment, by ch. 196, § 1, designated former undesignated paragraph as present introductory language in (a), substituted “city or town. No zoning” for “city or town and no zoning,” added the last sentence, and added (a)(i) through (a)(iii).

Laws 2019, ch. 196, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Became law without signature March 15, 2019.

The 2021 amendment , effective July 1, 2021, added the second sentence in (a).

Section not unconstitutional as improper delegation. —

This section is not unconstitutional because it does not grant authority to the county planning and zoning commission to adopt a comprehensive zoning plan, and thus, it is not an improper delegation. Carter v. Board of County Comm'rs, 518 P.2d 142, 1974 Wyo. LEXIS 181 (Wyo. 1974).

Application of article. —

This article must be applied in such a way as to reasonably restrict the actions of boards of county commissioners. At the same time, however, to make the theories of planning meaningful, there must be a means to prevent changes in the conditions of a county pending the formulation of a comprehensive plan under § 18-5-202(b). The means necessary to maintain the status quo can be supplied by reference to the powers expressly and impliedly conferred by the County Zoning Act, taken in a light which is consistent with a reasonable exercise of police powers. Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

Legislature intended to differentiate this section from § 18-5-105. —

The statements of the respective purposes in this section and § 18-5-105 clearly indicate that the legislature intended to deal with separate subjects and provide authority to accomplish different objectives by the two pieces of legislation. Carter v. Board of County Comm'rs, 518 P.2d 142, 1974 Wyo. LEXIS 181 (Wyo. 1974).

Sand, gravel, rock and limestone are not “minerals.” —

Sand, gravel, rock, and limestone are not minerals for purposes of § 18-5-201 .River Springs Ltd. Liability Co. v. Board of County Comm'rs, 899 P.2d 1329, 1995 Wyo. LEXIS 125 (Wyo. 1995), reh'g denied, 1995 Wyo. LEXIS 142 (Wyo. Aug. 15, 1995).

County commissioners may foreclose extraction of sand, gravel, rock and limestone. —

Wyo. Stat. Ann. § 18-5-207 did not deny a county authority to regulate a landowner's nonconforming gravel business by omitting “land” when allowing regulation of changes to nonconforming uses because the statute said nothing about change in land use. Seherr-Thoss v. Teton County Bd. of County Comm'rs, 2014 WY 82, 329 P.3d 936, 2014 Wyo. LEXIS 88 (Wyo. 2014).

Broad authority. —

The authority granted in this section gives counties broad power to regulate their lands, including broad authority to require compliance with zoning provisions in their efforts to promote orderly development of unincorporated areas. Ford v. Board of County Comm'rs, 924 P.2d 91, 1996 Wyo. LEXIS 135 (Wyo. 1996).

County commissioners empowered to zone to control land in unincorporated areas. —

All of the boards of county commissioners throughout the state are given the power to adopt and enforce zoning resolutions for their own counties in order to restrict and control the use of lands located in unincorporated areas. Croxton v. Board of County Comm'rs, 644 P.2d 780, 1982 Wyo. LEXIS 337 (Wyo. 1982).

County commissioners have authority to impose limitations on habitable space. —

Under Wyo. Stat. Ann. § 18-5-201 , the Board of County Commissioners of Teton County, Wyoming had authority to promulgate Teton County, Wyo., Land Dev. Reg. § 2450, which limits the square footage of homes that can be built in the jurisdiction, because such land use regulation, with a purpose of preserving the area's beauty, past, microeconomics, and housing market, affect the welfare and character of the community. Bd. of County Comm'rs v. Crow, 2003 WY 40, 65 P.3d 720, 2003 Wyo. LEXIS 50 (Wyo. 2003).

County commissioners may foreclose extraction of sand, gravel, rock and limestone. —

There is no inhibition by this statute upon the authority of the board of county commissioners to limit land use by foreclosing the extraction of sand, gravel, rock, and limestone; the authority of the county to prohibit land use is not preempted but, if extraction is permitted by the board of county commissioners, the authority to regulate the mining process is assigned by statute to the Department of Environmental Quality (DEQ). River Springs Ltd. Liab. Co. v. Board of County Comm'rs, 899 P.2d 1329, 1995 Wyo. LEXIS 125 (Wyo. 1995).

A county can prohibit the extraction or processing of sand, gravel, rock, and limestone pursuant to its zoning authority, but a “grandfathered” use cannot be prohibited. River Springs Ltd. Liability Co. v. Board of County Comm'rs, 899 P.2d 1329, 1995 Wyo. LEXIS 125 (Wyo. 1995), reh'g denied, 1995 Wyo. LEXIS 142 (Wyo. Aug. 15, 1995).

If the county permits the extraction, production, or processing of sand, gravel, rock, or limestone, or must do so because the use was a preexisting use, then regulation of those activities is accomplished under the EQA by the DEQ. If, however, the DEQ, pursuant to an exception in the statute, does not regulate those activities, they may be regulated by the county in a way that does not conflict with state regulation. River Springs Ltd. Liability Co. v. Board of County Comm'rs, 899 P.2d 1329, 1995 Wyo. LEXIS 125 (Wyo. 1995), reh'g denied, 1995 Wyo. LEXIS 142 (Wyo. Aug. 15, 1995).

Board can adopt recommendations freezing building and land uses in unincorporated areas. —

The express power of the board of county commissioners under this section to regulate and restrict the use of buildings and land in unincorporated areas of the county is sufficient in and of itself, or, in the alternative, necessarily implies the authority to adopt recommendations which would freeze such building and land uses. Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

Board can enact freeze resolution without notice and hearing. —

In order to make meaningful such a power as that to adopt recommendations which would freeze building and land uses, the board of county commissioners necessarily must have the appurtenant power to enact a freeze resolution without notice and hearing. Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

Power of board is subject to restrictions. —

See Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

Length of time. —

This section gives counties either express or implied power to enact a freeze resolution, without notice and hearing, providing that such a freeze is only for a reasonable length of time. Snake River Venture v. Board of County Comm'rs, 616 P.2d 744, 1980 Wyo. LEXIS 296 (Wyo. 1980).

Neighbors did not show a board of county commissioners erred in granting a Basic Use Permit to use property as a temporary construction storage/staging area, even though the property had been so used in the past and such a permit would likely be sought in the future, because the use was “temporary,” under the applicable land use regulation, as the permit duration was two years, and past or possible future uses of the property were irrelevant. Tayback v. Teton Cty. Bd. of County Comm'rs, 2017 WY 114, 402 P.3d 984, 2017 Wyo. LEXIS 120 (Wyo. 2017).

Property owner lacks vested right in contemplated development. —

Property owner has no vested right, which will withstand a later zoning regulation, in a development which is merely contemplated. Snake River Venture v. Board of County Comm'rs, 616 P.2d 744, 1980 Wyo. LEXIS 296 (Wyo. 1980).

A subdivision developer who alleged that he had an entitlement or right to obtain approval of his subdivision, as originally proposed and without restrictions from a board of county commissioners, failed to identify a clearly established statutory or constitutional right that had been violated. Marshall v. Board of County Comm'rs, 912 F. Supp. 1456, 1996 U.S. Dist. LEXIS 761 (D. Wyo. 1996).

Revocation of zoning variance for racetrack upheld where the evidence reasonably supporting a county's conclusion that permitting a race track on a predominantly agricultural location did not promote the public health, safety and general welfare and would have been injurious to the neighborhood. Sheridan Race Car Ass'n v. Rice Ranch, 864 P.2d 30, 1993 Wyo. LEXIS 174 (Wyo. 1993).

Quoted in

Board of County Comm'rs v. Teton County Youth Servs., Inc., 652 P.2d 400, 1982 Wyo. LEXIS 393 (Wyo. 1982); Pedro/Aspen, Ltd. v. Bd. of County Comm'rs, 2004 WY 84, 94 P.3d 412, 2004 Wyo. LEXIS 109 (2004).

Cited in

Quinn Revocable Trust v. SRW, Inc., 2004 WY 65, 91 P.3d 146, 2004 Wyo. LEXIS 80 (2004).

Law reviews. —

See article, “Implementation of Land Use Policy: Police Power vs. Eminent Domain,” III Land & Water L. Rev. 33 (1968).

See comment, “County and Municipal Flood Plain Zoning Under Existing Wyoming Legislation,” VII Land & Water L. Rev. 103 (1972).

As to the development of land use planning in Wyoming, see XII Land & Water L. Rev. 73 (1977).

For article, “Wyoming's Local Governments and the Quality of Growth — A Preliminary Discussion,” see XIV Land & Water L. Rev. 491 (1979).

For comment, “State Participation in Federal Policy Making for the Yellowstone Ecosystem: A Meaningful Solution or Business as Usual?” see XXI Land & Water L. Rev. 397 (1986).

For casenote, “Mining Law — Gravel Extraction — Is Control Over Small Gravel Mining the Best Road for Regulation? River Springs Limited Liability Company v. Board of County Commissioners of County of Teton, 1995 Wyo. LEXIS 142 (Wyo. 1995),” see XXXII Land & Water L. Rev. 155 (1997).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of zoning ordinances prohibiting or regulating outside storage of house trailers, motor homes, campers, vans and the like, in residential neighborhoods, 95 ALR3d 378.

Library References.

American Law of Mining, 2nd Edition §§ 174.03, 174.02 (Matthew Bender).

§ 18-5-202. Planning and zoning commission; composition; residency requirements, terms and removal of members; vacancies; rules; record; meetings to be public; secretary; preparation and amendments; purpose; certifications and hearing; amendments.

1. Each board of county commissioners may by resolution create and establish a planning and zoning commission. The commission shall be composed of five (5) members appointed by the board at least three (3) of whom shall reside in the unincorporated area of the county, provided that this provision shall not affect the membership composition of any existing commission. The terms of the members appointed to the first planning and zoning commission shall be of such length and so arranged that the terms of one (1) member will expire each year, and thereafter each member shall be appointed for a term of three (3) years. Any member of the commission may be removed for cause other than politics or religion and after public hearing by the board of county commissioners. If a vacancy occurs in the commission the board of county commissioners shall fill the vacancy by appointment for the unexpired term. The planning and zoning commission shall organize within thirty (30) days after its establishment, shall adopt rules for the transaction of its business and keep a record of its actions and determinations. Three (3) members shall constitute a quorum for the transaction of business. All meetings, records and accounts of the commission shall be public. The board of county commissioners shall designate the county clerk, another county employee or a member of the planning and zoning commission to serve as secretary to the commission. The secretary shall keep the record of commission actions in accordance with statute.
2. The planning and zoning commission may prepare and amend a comprehensive plan including zoning for promoting the public health, safety, morals and general welfare of the unincorporated areas of the county, and certify the plan to the board of county commissioners. Before certifying its plan or amendments thereto to the board the commission shall hold at least one (1) public hearing. Notice of the time and place of hearing shall be given by one (1) publication in a newspaper of general circulation in the county at least thirty (30) days before the date of the hearing. Any person may petition the planning and zoning commission to amend any zoning plan adopted under the provisions of W.S. 18-5-201 through 18-5-208 .
3. The planning and zoning commission shall prepare recommendations to effectuate the planning and zoning purposes and certify its recommendations to the board of county commissioners. Before adopting the recommendations the board shall hold at least one (1) public hearing. Notice of the time and place of hearing shall be given by one (1) publication in a newspaper of general circulation in the county at least fourteen (14) days before the date of the hearing. After public hearing has been held, the board shall vote upon the adoption of the planning or zoning recommendation. No planning or zoning recommendation shall be adopted unless a majority of the board votes in favor thereof.

History. Laws 1959, ch. 85, §§ 2 to 4; 1967, ch. 202, §§ 2 to 4; 1977, ch. 124, § 1; 1985, ch. 179, § 1; 2010, ch. 34, § 1; ch 82 § 1.

The 2010 amendments. —

The first 2010 amendment, by ch. 34, § 1, in (a), substituted the last two sentences for the former last sentence, which read: “The county clerk shall serve as secretary to the commission.”

Laws 2010, ch. 34 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2010.

The second 2010 amendment, by ch 82, § 1, substituted “18-5-208” for “18-5-207” in (b).

Laws 2010, ch. 82, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2010.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

Application of article. —

This article must be applied in such a way as to reasonably restrict the actions of boards of county commissioners. At the same time, however, to make the theories of planning meaningful, there must be a means to prevent changes in the conditions of a county pending the formulation of a comprehensive plan under subsection (b) of this section. The means necessary to maintain the status quo can be supplied by reference to the powers expressly and impliedly conferred by this article, taken in a light which is consistent with a reasonable exercise of police powers. Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

Resolution procedures. —

Before the county commissioners can adopt a resolution, the planning and zoning commission must recommend adoption of the resolution to the county board. Crouthamel v. Board of Albany County Comm'rs, 951 P.2d 835, 1998 Wyo. LEXIS 11 (Wyo. 1998).

Procedures of board. —

Tie vote of board of county commissioners on planning recommendations is a rejection that the board can reconsider during the same session unless statute or the board's own regulations say otherwise. Hirschfield v. Board of County Comm'rs, 944 P.2d 1139, 1997 Wyo. LEXIS 119 (Wyo. 1997).

The rule of strict construction must be adopted in determining whether the powers delegated to the zoning commission have been acceptably exercised. Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

Section 18-5-204 concerns only resolutions adopted under subsection (c) of this section. Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

No other provisions contemplating adoption of emergency planfor unincorporated areas. —

There are no other provisions in this article which contemplate the adoption of any other type of zoning scheme than comprehensive. Specifically, there are no separate provisions which contemplate the adoption of an interim or emergency plan for the unincorporated areas of the counties. Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

Board can adopt recommendations freezing building and landuses in unincorporated areas. —

The express power of the board of county commissioners under § 18-5-201 to regulate and restrict the use of buildings and land in unincorporated areas of the county is sufficient in and of itself, or, in the alternative, necessarily implies the authority to adopt recommendations which would freeze such building and land uses. Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

Board can enact freeze resolution without notice and hearing.—

In order to make meaningful such a power as that to adopt recommendations which would freeze building and land uses, the board necessarily must have the appurtenant power to enact a freeze resolution without notice and hearing. Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

Freeze resolution may not be extended without notice and hearing.—

The exercise of the power to enact a freeze resolution without notice and hearing is subject to certain restrictions. Such a resolution may not be extended, as a matter of course, so that it essentially becomes a board's comprehensive plan, without notice and hearing. The restrictions which would bar such a result can be found in the plain language of subsection (c) of this section. Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

Freeze resolutions. —

Where county failed to follow the statutory requirements in adopting a freeze resolution, the ten month moratorium was void ab initio when the initial recommendation to the County Board came from the planning staff and not the planning and zoning commission. Crouthamel v. Board of Albany County Comm'rs, 951 P.2d 835, 1998 Wyo. LEXIS 11 (Wyo. 1998).

Notice and hearing are mandated by section. —

This section mandates a notice and public hearing as conditions precedent to the adoption of any recommendations of the zoning commission, and no action on such recommendations by the board is authorized until the notice and hearing have been effected. Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

Notice and hearing. —

The ten month moratorium on commercial use of property within the county was an invalid exercise of the county's police power, where the County Board did not provide notice and hearing as required under this section and described in Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).Crouthamel v. Board of Albany County Comm'rs, 951 P.2d 835, 1998 Wyo. LEXIS 11 (Wyo. 1998).

Notice requirements sufficient. —

Landowners' right to procedural due process was not violated by the adoption of a land use management plan because the notice required by this section was given; a published notice that identifies the particular issues discussed, even in general terms, is sufficient. Laughter v. Bd. of County Comm'rs, 2005 WY 54, 110 P.3d 875, 2005 Wyo. LEXIS 60 (Wyo. 2005).

Length of time for which freeze resolution may initially continue.—

Under the supreme court's construction of subsection (c) of this section, a freeze resolution may initially continue only for a length of time which affords an opportunity to give notice and hold a hearing on the issue of whether or not such a resolution should be given more permanent status under that subsection. Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

The board must be diligent in formulating a comprehensive plan, when there is an interim freeze resolution in effect, in order to minimize the possible deprivation of property rights. Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

No authority exists in this article which permits county commissioners to freeze the land use of an entire county for 5 years under the guise that some kind of a continuing emergency exists — all without compliance with the notice and hearing provisions of the law. Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

Although the county commissioners' “emergency” resolution of August 24, 1971, freezing existing land use in Park County without previously publishing a notice and holding a public meeting as provided by law, was initially a valid exercise of its implied power to do those things which would make its express power to regulate and restrict the use of buildings and land in unincorporated areas of the county meaningful, this temporary land freeze became, by extension, by resolution, a permanent land plan, which, under the statutes of this state, cannot be implemented without complying with the provisions with respect to public notice and hearing. As a result, the various subsequent resolutions, passed without compliance with the statutes and which extended for some 5 years the original land freeze, were invalid. Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

Authorized continuum for freeze resolutions. —

This article authorizes the following continuum: (1) On recommendation of the county zoning commission, the board can adopt a freeze resolution in appropriate circumstances without prior notice and hearing; (2) pursuant to subsection (c) of this article, notice of such action shall be promptly given in a newspaper of general circulation in the county, which also shall notice a hearing to be held on the 30th day after the publication on the question of whether or not the freeze resolution should be extended pending the formulation of a comprehensive plan; and (3) within a reasonable time, if the freeze resolution is so extended, the board shall adopt a comprehensive plan under subsection (b) of this section. Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

Change in density requires notice and comment. —

The court properly concluded that a zoning board failed to abide by the statutory procedures of notice and comment prior to adopting a change in density for contested acreage. Hoke v. Moyer, 865 P.2d 624, 1993 Wyo. LEXIS 193 (Wyo. 1993).

Stated in

Snake River Venture v. Board of County Comm'rs, 616 P.2d 744, 1980 Wyo. LEXIS 296 (Wyo. 1980).

Law reviews. —

For article, “Wyoming's Local Governments and the Quality of Growth — A Preliminary Discussion,” see XIV Land & Water L. Rev. 491 (1979).

For comment, “State Participation in Federal Policy Making for the Yellowstone Ecosystem: A Meaningful Solution or Business as Usual?” see XXI Land & Water L. Rev. 397 (1986).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity and construction of statutory notice requirements prerequisite to adoption or amendment of zoning ordinance or regulation, 96 ALR2d 449.

Disqualification for bias or interest of administrative officer sitting in zoning proceeding, 10 ALR3d 694.

Right to cross-examination of witnesses in hearings before administrative zoning authorities, 27 ALR3d 1304.

Construction and application of statute or ordinance requiring notice as prerequisite to granting variance or exception to zoning requirement, 38 ALR3d 167.

Construction and application of zoning regulations in connection with funeral homes, 92 ALR3d 328.

Validity of zoning ordinances prohibiting or regulating outside storage of house trailers, motor homes, campers, vans and the like, in residential neighborhoods, 95 ALR3d 378.

§ 18-5-203. Certificate required to locate buildings or use land within zoning resolution; issuance and denial; appeal upon denial.

It is unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or use any land within any area included in a zoning resolution without first obtaining a zoning certificate from the board of county commissioners or its designee and no zoning certificate shall be issued unless the plans for the proposed building, structure or use fully comply with the zoning regulations then in effect. The board of county commissioners or its designee shall act promptly upon any application filed with it and shall grant certificates when the proposed construction or use complies with the requirements of the zoning resolution. If it denies the application, the board or its designee shall specify the reasons for the denial. Any applicant desiring to appeal shall appeal to the board of county commissioners. The decision of the board of county commissioners may be reviewed by the district court and by the supreme court upon appeal in the same manner as provided in W.S. 15-1-609 , for review of decisions of boards of adjustment.

History. Laws 1959, ch. 85, § 5; 1977, ch. 124, § 1; 2004, ch. 130, § 1; 2017, ch. 57, § 1.

The 2004 amendment substituted “W.S. 15-1-609 ” for “W.S. 15-626.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2017 amendment, effective July 1, 2017, inserted “or its designee” preceding “and no zoning”; inserted “or its designee” preceding “shall act promptly”; inserted “or its designee” preceding shall specify the”; inserted “Any applicant desiring to appeal shall appeal to the board of county commissioners”; and made a stylistic change

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Unlawful issuance of certificate where project failed to meetamended regulations. —

Board unlawfully issued planning certificate where a project did not meet amended zoning regulations, even though the project had received initial approval based on ordinances then in effect. Snake River Venture v. Board of County Comm'rs, 616 P.2d 744, 1980 Wyo. LEXIS 296 (Wyo. 1980).

Injunction improperly granted. —

Where the county had not adopted a valid zoning resolution, the ten month moratorium on commercial use of property was void ab initio, and the preliminary injunctions which kept landowner from operating a commercial business should not have been granted. Crouthamel v. Board of Albany County Comm'rs, 951 P.2d 835, 1998 Wyo. LEXIS 11 (Wyo. 1998).

“Open” districts are, in effect, outside any zoning restrictions. Croxton v. Board of County Comm'rs, 644 P.2d 780, 1982 Wyo. LEXIS 337 (Wyo. 1982).

Property owner generally without vested right in contemplateddevelopment. —

A property owner generally has no vested right (which will withstand a later zoning regulation) in a development which is merely contemplated. That is not to say a zoning regulation or resolution should not be examined itself to determine whether it has altered the general rules and provided property owners with additional rights. Croxton v. Board of County Comm'rs, 644 P.2d 780, 1982 Wyo. LEXIS 337 (Wyo. 1982).

Review of denial of zoning certificate or development permit.—

The decision of a board of county commissioners, in denying the issuance of a development permit, which may be equated with a zoning certificate under this section, is adjudicative in nature and is, therefore, subject to the provisions of the Wyoming Administrative Procedure Act (§§ 16-3-101 through 16-3-115 ) and reviewable under Rule 12, W.R.A.P., pursuant to § 16-3-114 .Board of County Comm'rs v. Teton County Youth Servs., 652 P.2d 400, 1982 Wyo. LEXIS 393 (Wyo. 1982).

Revocation of second zoning variance for racetrack upheld where the evidence reasonably supporting a county's conclusion that permitting a race track on a predominantly agricultural location would not promote the public health, safety and general welfare and would have been injurious to the neighborhood. Sheridan Race Car Ass'n v. Rice Ranch, 864 P.2d 30, 1993 Wyo. LEXIS 174 (Wyo. 1993).

Changes during pendency of appeal. —

Where the zoning scheme was changed to industrial during the pendency of the appeal, determining the validity of the old agricultural zoning certificates would have no practical effect on the existing controversy and the case was dismissed on mootness. Bard Ranch Co. v. Frederick, 950 P.2d 564, 1997 Wyo. LEXIS 170 (Wyo. 1997).

Quoted in

Ford v. Board of County Comm'rs, 924 P.2d 91, 1996 Wyo. LEXIS 135 (Wyo. 1996); Pedro/Aspen, Ltd. v. Bd. of County Comm'rs, 2004 WY 84, 94 P.3d 412, 2004 Wyo. LEXIS 109 (2004).

Am. Jur. 2d, ALR and C.J.S. references. —

Construction and application of zoning regulations in connection with funeral homes, 92 ALR3d 328.

Standing of civic or property owners' association to challenge zoning board decision (as aggrieved party), 8 ALR4th 1087.

Standing of zoning board of appeals or similar body to appeal reversal of its decision, 13 ALR4th 1130.

§ 18-5-204. Violation of W.S. 18-5-202(c); continuing violation.

No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or use any land in violation of a resolution or amendment adopted by any board of county commissioners under W.S. 18-5-202(c). Each day’s continuation of such violation is a separate offense.

History. Laws 1959, ch. 85, § 6; 1977, ch. 124, § 1.

This section concerns only resolutions adopted under § 18-5-202(c). Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

No authority exists in this article which permits county commissioners to freeze land use of entire county for 5 years under the guise that some kind of a continuing emergency exists — all without compliance with the notice and hearing provisions of the law. Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

Although the county commissioners' “emergency” resolution of August 24, 1971, freezing existing land use in Park County without previously publishing a notice and holding a public meeting as provided by law, was initially a valid exercise of its implied power to do those things which would make its express power to regulate and restrict the use of buildings and land in unincorporated areas of the county meaningful, this temporary land freeze became, by extension, by resolution, a permanent land plan, which, under the statutes of this state, cannot be implemented without complying with the provisions with respect to public notice and hearing. As a result, the various subsequent resolutions, passed without compliance with the statutes and which extended for some 5 years the original land freeze, were invalid. Schoeller v. Board of County Comm'rs, 568 P.2d 869, 1977 Wyo. LEXIS 314 (Wyo. 1977).

Fines accrued daily for land use violations. —

Where the maximum square footage allowed by the Teton County, Wyoming, Land Development Regulations was 8,000 square feet of habitable space, the homeowners were required to pay fines for enlarging their home to 11,000 square feet. Pursuant to Wyo. Stat. Ann. §§ 18-5-204 , 18-5-206 , the homeowners were required to pay a fine for each day they were in violation of the habitable space regulation; the total fine to be paid by the homeowners was $ 714,000.00. Bd. of County Comm'rs v. Crow, 2007 WY 177, 170 P.3d 117, 2007 Wyo. LEXIS 189 (Wyo. 2007).

Cited in

Board of County Comm'rs of Teton County v. Crow, 2006 WY 45, 131 P.3d 988, 2006 Wyo. LEXIS 49 (Wyo. Apr. 13, 2006).

Am. Jur. 2d, ALR and C.J.S. references. —

Enforcement of zoning regulation as affected by other violations, 4 ALR4th 462.

§ 18-5-205. Enforcement of zoning resolution by injunction, mandamus or abatement; appeal.

Any zoning resolution passed by the board pursuant to W.S. 18-5-202(b) and (c) is enforceable in addition to other remedies provided by law by injunction, mandamus or abatement.

History. Laws 1959, ch. 85, § 7; 1977, ch. 124, § 1.

District court has jurisdiction to enforce zoning decision by injunction. Wardwell Dev. Corp. v. Board of County Comm'rs, 639 P.2d 888, 1982 Wyo. LEXIS 286 (Wyo. 1982).

Abatement. —

In a case in which a county sought an abatement order under Wyo. Stat. Ann. § 18-5-205 after a property owner altered and enlarged his home in violation of the county's land development regulations, the county was not required to make a showing of irreparable injury in order for the district court to order abatement. The owner's violation of the regulations constituted a basis for the imposition of an abatement order. Bd. of County Comm'rs v. Crow, 2006 WY 45, 131 P.3d 988, 2006 Wyo. LEXIS 49 (Wyo. 2006).

Applied in

Croxton v. Board of County Comm'rs, 644 P.2d 780, 1982 Wyo. LEXIS 337 (Wyo. 1982).

Cited in

Nickle v. Bd. of County Comm'rs, 2007 WY 115, 162 P.3d 1208, 2007 Wyo. LEXIS 125 (July 24, 2007).

Am. Jur. 2d, ALR and C.J.S. references. —

Remedies to compel municipal officials to enforce zoning regulations, 35 ALR2d 1135.

Mandamus to compel zoning officials to cancel permit granted in violation of zoning regulation, 68 ALR3d 166.

§ 18-5-206. Penalty for violation of W.S. 18-5-201 through 18-5-204.

Whoever violates any provision of W.S. 18-5-201 through 18-5-204 shall be fined not more than seven hundred fifty dollars ($750.00) for each offense.

History. Laws 1959, ch. 85, § 8; 1977, ch. 124, § 1; 1997, ch. 188, § 1.

Imposition of fine for each day's violation. —

District court imposed a fine on a property owner for 242 days in connection with the owner's violation of a county's habitable space regulation, even though it was evident that the owner's violation of the regulation continued for a considerably longer time than 242 days. The district court was required to impose a fine for each day the owner's violation continued, and the record did not reflect a stipulation by the county that the fine should be imposed for a lesser period of time. Bd. of County Comm'rs v. Crow, 2006 WY 45, 131 P.3d 988, 2006 Wyo. LEXIS 49 (Wyo. 2006).

Fines accrued daily for land use violations. —

Where the maximum square footage allowed by the Teton County, Wyoming, Land Development Regulations was 8,000 square feet of habitable space, the homeowners were required to pay fines for enlarging their home to 11,000 square feet. Pursuant to Wyo. Stat. Ann. §§ 18-5-204 , 18-5-206 , the homeowners were required to pay a fine for each day they were in violation of the habitable space regulation; the total fine to be paid by the homeowners was $ 714,000.00. Bd. of County Comm'rs v. Crow, 2007 WY 177, 170 P.3d 117, 2007 Wyo. LEXIS 189 (Wyo. 2007).

Cited in

Nickle v. Bd. of County Comm'rs, 2007 WY 115, 162 P.3d 1208, 2007 Wyo. LEXIS 125 (July 24, 2007).

§ 18-5-207. Continuation of existing uses; effect of alteration or addition; future use after discontinuation of nonconforming use.

1. A zoning resolution enacted under the provisions of W.S. 18-5-201 through 18-5-206 shall not prohibit the continuance of the use of any land, building or structure for the purpose for which the land, building or structure is used at the time the resolution is adopted and it is not necessary to secure any certificate permitting such continuance. However, the alteration or addition to any existing building or structure for the purpose of effecting any change in use may be regulated or prohibited by zoning resolution. If a nonconforming use is discontinued any future use of such land, building or structure shall be in conformity with the provisions of the resolution regulating uses in the area in which the land, building or structure is located.
2. A county shall not enact a zoning resolution or take any other action that eliminates livestock grazing on any private land or land owned by the county without first complying with the provisions of this article.

History. Laws 1959, ch. 85, § 9; 1977, ch. 124, § 1; 2019, ch. 165, § 1.

The 2019 amendment, designated former undesignated paragraph as present (a); and added (b).

Laws 2019, ch. 165 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 28, 2019.

Severability. —

Section 10, ch. 85, Laws 1959, reads: “If any provision in this act shall for any reason be invalid, it shall not affect the remainder of this act and this act shall remain in force and effect the same as if such part held invalid had not been included herein.”

Nonconforming gravel business. —

Wyo. Stat. Ann. § 18-5-207 did not deny a county authority to regulate a landowner's nonconforming gravel business by omitting “land” when allowing regulation of changes to nonconforming uses because the statute said nothing about change in land use. Seherr-Thoss v. Teton County Bd. of County Comm'rs, 2014 WY 82, 329 P.3d 936, 2014 Wyo. LEXIS 88 (Wyo. 2014).

Wyo. Stat. Ann. § 18-5-207 did not allow a county to reduce the size of a landowner's nonconforming gravel operation because the landowner satisfied the doctrine of diminishing assets by showing (1) the landowner actively ran the business when land use regulations were adopted and objectively showed an intent to expand the business then and (2) operating the business had no substantially different and adverse impact on the neighborhood. Seherr-Thoss v. Teton County Bd. of County Comm'rs, 2014 WY 82, 329 P.3d 936, 2014 Wyo. LEXIS 88 (Wyo. 2014).

Doctrine of diminishing assets. —

Doctrine of diminishing assets was adopted to resolve an ambiguity in Wyo. Stat. Ann. § 18-5-207 on use of the word “land” because the doctrine provided an objective way to quantify “land.” Seherr-Thoss v. Teton County Bd. of County Comm'rs, 2014 WY 82, 329 P.3d 936, 2014 Wyo. LEXIS 88 (Wyo. 2014).

To define the extent of a protected, nonconforming land use involving a diminishing asset, a land owner must prove each prong of the doctrine of diminishing assets, showing (1) excavation activities were actively pursued when a zoning ordinance became effective, (2) the area to be excavated was clearly intended to be excavated, as measured by objective manifestations, and (3) the continued operations have no substantially different and adverse impact on the neighborhood. Seherr-Thoss v. Teton County Bd. of County Comm'rs, 2014 WY 82, 329 P.3d 936, 2014 Wyo. LEXIS 88 (Wyo. 2014).

Construction. —

Second sentence of Wyo. Stat. Ann. § 18-5-207 creates a permissive exception to the grandfather exception in the first sentence, and this permissive exception is limited to certain uses of buildings and structures and not uses of land because the sentence has no applicability to a change in use of land. Seherr-Thoss v. Teton County Bd. of County Comm'rs, 2014 WY 82, 329 P.3d 936, 2014 Wyo. LEXIS 88 (Wyo. 2014).

First sentence of Wyo. Stat. Ann. § 18-5-207 is ambiguous regarding the geographic extent of the word “land” because the statute is silent as to whether one may continue a pre-existing use of land throughout the whole parcel, only on the portions of the parcel affected at the time the zoning resolution was adopted, or to some area of land in between those alternatives. Seherr-Thoss v. Teton County Bd. of County Comm'rs, 2014 WY 82, 329 P.3d 936, 2014 Wyo. LEXIS 88 (Wyo. 2014).

Enactment of freeze resolution without notice or hearing, subject to condition. —

Section 18-5-201 gives counties either express or implied power to enact a freeze resolution, without notice and hearing, providing that such a freeze is only for a reasonable length of time. Snake River Venture v. Board of County Comm'rs, 616 P.2d 744, 1980 Wyo. LEXIS 296 (Wyo. 1980).

Property owner lacks vested right in contemplated development. —

Property owner has no vested right, which will withstand a later zoning regulation, in a development which is merely contemplated. Snake River Venture v. Board of County Comm'rs, 616 P.2d 744, 1980 Wyo. LEXIS 296 (Wyo. 1980).

Nonconforming certificate not required. —

Where landowner had established its intended commercial use in prior years, and where the ten month moratorium banning commercial use was invalid, corporation's commercial use was “grandfathered”, and commercial operations could continue without seeking a certificate permitting nonconforming use. Crouthamel v. Board of Albany County Comm'rs, 951 P.2d 835, 1998 Wyo. LEXIS 11 (Wyo. 1998).

Construction. —

This section forbids counties from enacting zoning regulations that prohibit existing uses. Snake River Brewing Co. v. Town of Jackson, 2002 WY 11, 39 P.3d 397, 2002 Wyo. LEXIS 12 (Wyo. 2002).

Cited in

River Springs Ltd. Liab. Co. v. Board of County Comm'rs, 899 P.2d 1329, 1995 Wyo. LEXIS 125 (Wyo. 1995).

Am. Jur. 2d, ALR and C.J.S. references. —

Classification and maintenance of advertising structure as nonconforming use, 80 ALR3d 630.

Building in course of construction as establishing valid nonconforming use or vested right to complete construction for intended use, 89 ALR3d 1051.

Construction and application of zoning regulations in connection with funeral homes, 92 ALR3d 328.

Validity of zoning ordinances prohibiting or regulating outside storage of house trailers, motor homes, campers, vans and the like, in residential neighborhoods, 95 ALR3d 378.

Enforcement of zoning regulation as affected by other violations, 4 ALR4th 462.

Zoning: occupation of less than all dwelling units as discontinuance or abandonment of multifamily dwelling nonconforming use, 40 ALR4th 1012.

Change in area or location of nonconforming use as violation of zoning ordinance, 56 ALR4th 769.

Alteration, extension, reconstruction or repair of nonconforming structure or structure devoted to nonconforming use as violation of zoning ordinance, 63 ALR4th 275.

Validity of provisions for amortization of nonconforming uses, 8 ALR5th 391.

Activities in preparation for building as establishing valid nonconforming use or vested right to engage in construction for intended use, 38 ALR5th 737.

§ 18-5-208. Special expertise of board of county commissioners and coordination of planning efforts with federal agencies.

1. When representing a county as a cooperating agency in matters related to the National Environmental Policy Act and in federal land planning, implementation and management actions, a board of county commissioners shall be deemed to have special expertise on all subject matters for which it has statutory responsibility, including but not limited to, all subject matters directly or indirectly related to the health, safety, welfare, custom, culture and socio-economic viability of a county.
2. The board of county commissioners of a county which has officially adopted a comprehensive plan pursuant to W.S. 18-5-202(b) may participate in efforts to coordinate the plan with federal agencies as provided in the Federal Land Policy and Management Act of 1976, the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976 and any other federal statute which provides for coordination with local governments and federal regulations adopted pursuant to those acts.

History. Laws 1993, ch. 104, § 1; 2012, ch. 13, § 1.

The 2012 amendment, added (a); added (b) designator; and in (b), substituted “agencies” for “regional forest or other resource management plans,” inserted “the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976 and any other federal statute which provides for coordination with local governments,” and substituted “those acts” for “that act, including, but not limited to, Title 36, of the Code of Federal Regulations, part 219.7 and Title 43, of the Code of Federal Regulations, part 1610.3” at the end.

Laws 2012, ch. 13 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 6, 2012.

Federal Land Policy and Management Act. —

The Federal Land Policy and Management Act of 1976, referred to in this section, appears throughout titles 7, 16, 30, 40, and 43 of the United States Code.

§ 18-5-301. Authority vested in board of county commissioners.

The regulation and control of the subdivision of land in the unincorporated areas in each county is vested in the board of county commissioners of the county in which the land is located. Nothing in this article shall contravene or limit the authority of any county to regulate and control the subdivision of land pursuant to the provisions of W.S. 18-5-201 through 18-5-207 .

History. Laws 1975, ch. 176, § 1; 1977, ch. 124, § 1.

Applied in

Marshall v. Board of County Comm'rs, 912 F. Supp. 1456, 1996 U.S. Dist. LEXIS 761 (D. Wyo. 1996).

Quoted in

Pickle v. Board of County Comm'rs, 764 P.2d 262, 1988 Wyo. LEXIS 151 (Wyo. 1988).

Cited in

Pedro/Aspen, Ltd. v. Bd. of County Comm'rs, 2004 WY 84, 94 P.3d 412, 2004 Wyo. LEXIS 109 (2004).

§ 18-5-302. Definitions.

1. As used in this article:
   1. Repealed by Laws 2019, ch. 186, §  2.
   2. “Board” means the board of county commissioners of the county in which the land sought to be subdivided is located;
   3. “Encumbrance” means a mortgage or other lien of record, securing or evidencing indebtedness and affecting land to be subdivided including liens for labor and materials. Taxes and assessments levied by public authority are not an encumbrance under this article except such taxes and assessments as may be delinquent;
   4. “Person” means a natural person, firm, corporation, partnership, or association, or any combination of the above, or any other legal or commercial entity;
   5. “Sell” or “sale” includes sale as evidenced by the delivery of a deed, contract for deed, lease, assignment, auction or award by lottery concerning a subdivision or any part of a subdivision. “Sell” or “sale” does not include a contract to sell which is expressly contingent upon the recording of the final plat by the county clerk, if all funds paid by the buyer under the contract are escrowed with a financial institution located in this state or a title company licensed to do business in this state until the final plat is recorded and the seller tenders the deed or the contract to sell is cancelled or the buyer and seller agree otherwise in writing;
   6. “Subdivider” means any person who lays out any subdivision or parts thereof either for the account of the subdivider or others;
   7. “Subdivision” means the creation or division of a lot, tract, parcel or other unit of land for the immediate or future purpose of sale, building development or redevelopment, for residential, recreational, industrial, commercial or public uses. The word “subdivide” or any derivative thereof shall have reference to the term subdivision, including mobile home courts, the creation of which constitutes a subdivision of land;
   8. “Sewage system” means all pipelines, conduits, pumping stations, force mains and other constructions used for collecting or conducting wastes to a treatment plant or disposal system; any plant or other works used for the purpose of treating, stabilizing or holding wastes; and any system used for disposing of wastes, either by surface or underground methods, including any treatment plant, disposal wells and absorption fields;
   9. “Water supply system” includes development of the source and all structures for conveyance of raw water to the treatment plant or delivery systems; all water treatment plants including disinfection facilities; water supply systems used for irrigation and stock water; and all finished water delivery systems including pipelines, pumping stations and finished water storage facilities;
   10. “Parcel” means a contiguous piece of property lawfully created or conveyed of record as a single piece of property.

History. Laws 1975, ch. 176, § 11; 1977, ch. 124, § 1; 2000, ch. 95, § 1; 2001, ch. 208, § 1; 2008, ch. 88, § 2; 2009, ch. 59, § 2; 2010, ch. 101, § 1; 2019, ch. 186, § 2.

The 2008 amendment, effective July 1, 2008, substituted “18-5-317” for “18-5-315” in (a)(i); and inserted (a)(x).

The 2009 amendment, effective July 1, 2009, rewrote (a)(v) to expand what is and is not included under definitions of “sell” and “sale”; and in (a)(ix), added “water supply systems used for irrigation and stock water,” and deleted “Separate water supply systems used solely for irrigation or stock water are not included” at the end.

The 2010 amendment, effective July 1, 2010, in (a)(x), substituted “lawfully created or conveyed of record as a single piece of property” for “under common ownership.”

The 2019 amendment, effective July 1, 2019, repealed (a)(i), which read: “ ‘This article’ means W.S. 18-5-301 through 18-5-317 .”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Unlawful subdivision. —

Evidence of a sale that was going to occur after unlawful conveyances had been made was irrelevant to the charges of unlawful subdivision filed against defendant; the later sale was a separate and distinct transaction, completely unrelated to the transactions for which defendant was convicted. McClellan v. State, 933 P.2d 461, 1997 Wyo. LEXIS 31 (Wyo. 1997).

Evidence was sufficient to support a conviction for unlawful subdivision of land. McClellan v. State, 933 P.2d 461, 1997 Wyo. LEXIS 31 (Wyo. 1997).

§ 18-5-303. Exemptions from provisions.

1. Unless the method of sale or other disposition is adopted for the purpose of evading the provisions of this article, this article shall not apply to the following subdivisions of land however, the following subdivisions are subject to requirements which may be adopted by the board of county commissioners regarding documentation of the proper use and implementation of the following exemptions:
   1. A division of land made outside of platted subdivisions for the purpose of a single gift or sale to a member of the landowner’s immediate family, subject to the following requirements:
      1. A member of the immediate family is limited to any person who is a natural or adopted child, stepchild, spouse, sibling, grandchild, grandparent or parent of the landowner;
      2. The purpose of the division is to provide for the housing, business or agricultural needs of the grantee;
      3. The land shall have been titled in the name of the grantor, or in the name of a trust controlled by the grantor, for a combined period prior to the division of not less than five (5) years for land titled before February 27, 2019, or ten (10) years for land titled on or after February 27, 2019. Parcels created under this paragraph shall be titled in the name of the immediate family member for whom the division is made for a period of not less than five (5) years, or for not less than one (1) year if the parcel was created before February 27, 2019, unless the parcels are subject to involuntary transfer including, but not limited to, foreclosure, death, judicial sale, condemnation or bankruptcy;
      4. No parcel smaller than five (5) acres created under this paragraph shall be further divided unless the owner obtains a subdivision permit pursuant to W.S. 18-5-304 ;
      5. Where the landowner is a business entity and eighty percent (80%) of the ownership interest or shares in the business entity are held by, or in the name of a trust controlled by, individuals related by blood or marriage, the sale or gift may be made subject to the provisions of this section to an immediate family member of any shareholder who has owned at least five percent (5%) of the outstanding shares for at least five (5) years continuously before the date of the sale or gift.
   2. A division which may be created by any court of this state pursuant to the law of eminent domain, by operation of law or by order of any court in this state, except that this paragraph shall not exempt a partition of real property pursuant to W.S. 1-32-101 through 1-32-122 from compliance with this article if the division would otherwise be subject to the provisions of this article;
   3. A division which is created by a lien, mortgage, deed of trust or any other security instrument, easements and rights-of-way;
   4. Lands located within incorporated cities or towns;
   5. A division which is created by the sale or other disposition of land to the state of Wyoming or any political subdivision thereof;
   6. A division which affects railroad rights-of-way;
   7. A division which is a sale or other disposition of land for agricultural purposes or affects the alignment of property lines for agricultural purposes;
   8. A division which is created by boundary line adjustments where the parcel subject of the sale or other disposition is adjacent to and merged with other land owned by the grantee;
   9. A division which creates cemetery lots;
   10. A division which is created by the acquisition of an interest in land in the name of the husband and wife or other persons in joint tenancy or as tenants in common, and the interest shall be deemed for purposes of this subsection as only one (1) interest;
   11. A division of land creating a parcel five (5) acres or less for the purpose of establishing unmanned communication facilities, compressor stations, metering stations, fiber optic booster stations or similar unmanned facilities;
   12. A division which creates a cluster development pursuant to and in accordance with article 4 of this chapter;
   13. The sale or disposition of separate parcels of land that were separate when lawfully created or conveyed and which have not been combined by a recorded instrument of conveyance signed by all of the owners.
2. Except as provided in W.S. 18-5-316 , this article shall not apply to the sale or other disposition of land where the parcels involved are thirty-five (35) acres or larger, subject to the requirement that ingress and egress and utility easements shall be provided to each parcel by binding and recordable easements of not less than forty (40) feet in width to a public road unless specifically waived by the grantee or transferee in a binding and recordable document.

History. Laws 1975, ch. 176, § 12; 1977, ch. 124, § 1; 2001, ch. 208, § 1; 2003, ch. 4, § 1; 2007, ch. 153, § 1; 2008, ch. 88, § 2; 2009, ch. 58, § 2; 2010, ch. 101, § 1; 2013, ch. 128, § 1; 2015, ch. 186, § 1; 2019, ch. 141, § 1; 2021, ch. 52, § 1.

The 2007 amendment, effective July 1, 2007, rewrote (a), inserting requirements to subdivisions, documentation and transfers of land within family corporations.

The 2008 amendment, effective July 1, 2008, inserted the exception at the beginning of (b).

The 2009 amendment, effective July 1, 2009, added (a)(xii).

The 2010 amendment, effective July 1, 2010, added (a)(xiii).

The 2013 amendment, effective July 1, 2013, added the exception in (a)(ii).

The 2015 amendment, effective July 1, 2015, in (a) inserted “or in the name of a trust controlled by the grantor, for a combined” to the first sentence in (i)(C), substituted “business entity” for “corporation”, and inserted “ownership interest or shares in the business entity are held by, or in the name of a trust controlled by,” in (E).

The 2019 amendment, in (a)(i)(C), substituted “ten (10) years” for “five (5) years” and “five (5) years” for “one (1) year.”

Laws 2019, ch. 141 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 27, 2019.

The 2021 amendment , rewrote (a)(i)(C), which read, "The land shall have been titled in the name of the grantor, or in the name of a trust controlled by the grantor, for a combined period of not less than ten (10) years prior to the division and parcels created under this paragraph shall be titled in the name of the immediate family member for whom the division is made for a period of not less than five (5) years unless such parcels are subject to involuntary transfer including, but not limited to, foreclosure, death, judicial sale, condemnation or bankruptcy."

Laws 2021, ch. 52, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

County may not require its approval for subdivision of land. —

County's zoning regulation that required the developer to obtain the county's approval of its plan to sell 40-acre parcels exceeded the county's authority to regulate the subdivision of land granted by the Real Estate Subdivisions Act, Wyo. Stat. Ann. § 18-5-301 et seq., because under the express language of this section, counties were not authorized to require county approval for the subdivision of land into parcels greater than 35 acres. Pedro/Aspen, Ltd. v. Bd. of County Comm'rs, 2004 WY 84, 94 P.3d 412, 2004 Wyo. LEXIS 109 (Wyo. 2004).

Unlawful subdivision. —

Evidence of a sale that was going to occur after unlawful conveyances had been made was irrelevant to the charges of unlawful subdivision filed against defendant; the later sale was a separate and distinct transaction, completely unrelated to the transactions for which defendant was convicted. McClellan v. State, 933 P.2d 461, 1997 Wyo. LEXIS 31 (Wyo. 1997).

Evidence was sufficient to support a conviction for unlawful subdivision of land. McClellan v. State, 933 P.2d 461, 1997 Wyo. LEXIS 31 (Wyo. 1997).

§ 18-5-304. Subdivision permit required.

No person shall sell land subject to subdivision regulation under this article, record a plat or commence construction of a subdivision without first obtaining a subdivision permit pursuant to W.S. 18-5-306 or, if applicable, W.S. 18-5-316 from the board of the county in which the land is located.

History. Laws 1975, ch. 176, § 13; 1977, ch. 124, § 1; 2008, ch. 88, § 2; 2009, ch. 59, § 2.

The 2008 amendment, effective July 1, 2008, deleted “the physical layout or” preceding “construction” and inserted “pursuant to W.S. 18 5 306 or, if applicable, W.S. 18 5 316.”

The 2009 amendment, effective July 1, 2009, substituted “sell land subject to subdivision regulation under this article, record a plat” for “subdivide land.”

Unlawful subdivision. —

Evidence of a sale that was going to occur after unlawful conveyances had been made was irrelevant to the charges of unlawful subdivision filed against defendant; the later sale was a separate and distinct transaction, completely unrelated to the transactions for which defendant was convicted. McClellan v. State, 933 P.2d 461, 1997 Wyo. LEXIS 31 (Wyo. 1997).

Evidence was sufficient to support a conviction for unlawful subdivision of land. McClellan v. State, 933 P.2d 461, 1997 Wyo. LEXIS 31 (Wyo. 1997).

Defendant's multiple convictions and sentences for unlawful subdivision of land did not violate double jeopardy; the case involved three separate illegal transactions with different people and three separate parcels of land, thus making separate charges for each conveyance appropriate. McClellan v. State, 933 P.2d 461, 1997 Wyo. LEXIS 31 (Wyo. 1997).

Applied in

Marshall v. Board of County Comm'rs, 912 F. Supp. 1456, 1996 U.S. Dist. LEXIS 761 (D. Wyo. 1996); Pedro/Aspen, Ltd. v. Bd. of County Comm'rs, 2004 WY 84, 94 P.3d 412, 2004 Wyo. LEXIS 109 (2004).

§ 18-5-305. Enforcement; rules and regulations.

Each board shall enforce this article and in accordance with the Wyoming Administrative Procedure Act shall adopt such rules and regulations as necessary to implement the provisions of and to insure compliance with the intent and purposes of this article.

History. Laws 1975, ch. 176, § 14; 1977, ch. 124, § 1; 2010, ch. 69, § 203.

The 2010 amendment, effective July 1, 2010, deleted “within six (6) months after March 10, 1975” before “adopt such rules.”

Stated in

Marshall v. Board of County Comm'rs, 912 F. Supp. 1456, 1996 U.S. Dist. LEXIS 761 (D. Wyo. 1996).

§ 18-5-306. Minimum requirements for subdivision permits.

1. The board shall require, and with respect to paragraph (xii) of this subsection may require, the following information to be submitted with each application for a subdivision permit, provided the board may by rule exempt from any of the following requirements of this subsection or subsection (c) of this section and may exempt from paragraph (xii) of this subsection the subdivision of one (1) or more units of land into not more than a total of five (5) units of land:
   1. Evidence satisfactory to the board that the proposed subdivision complies with any applicable zoning or land use regulations;
   2. A survey plat submitted by the subdivider containing the following:
      1. Date of preparation, scale and north arrow;
      2. The location of the subdivision including the section, township and range;
      3. The location and dimension of existing and proposed streets, alleys, roads, highways, public ways, utility rights-of-way, easements, parks and the location of proposed permanent buildings and structures if known.
   3. Evidence satisfactory to the board that:
      1. The subdivider or his agent who offers any part of the subdivision for sale or who solicits any offers for the purchase thereof, may convey merchantable title subject only to noted reservations or restrictions of record and subject only to a proportionate share of real property taxes or assessments charged or assessed for the year in which any such sale may be legally effected; or
      2. Binding arrangements have been made by the person or his agent who offers any part of the subdivision for sale, to assure purchasers of any part of the subdivision that upon full payment of the purchase price a deed can and will be delivered conveying merchantable title subject only to noted reservations or restrictions of record and subject only to a proportionate share of such taxes and assessments thereon as may be levied or assessed for the year in which the sale may be legally effected.
   4. A study evaluating the sewage system proposed for the subdivision and the adequacy and safety of the system. The study shall, at a minimum, include the following:
      1. Identification of the type of sewage system to serve the subdivision and identification of the entity or entities responsible for the design, construction, operation and maintenance of the proposed facility;
      2. For all types of sewage systems except individual on-lot sewage systems, a report submitted by the subdivider as to the adequacy and safety of the proposed sewage system. The report shall address, at a minimum, the following issues:
         1. An assessment of the adequacy of the proposed sewage system in relation to the proposed population density of the subdivision and any other existing or proposed land and water uses in the vicinity of the subdivision that may affect the adequacy of the system;
         2. An estimate of the total number of gallons per day of sewage generated by the proposed subdivision where a central sewage system is proposed;
         3. A demonstration that technical requirements and design standards of the department of environmental quality applicable to central sewage systems can and will be met;
         4. Where utilization of or connection to an existing private or public sewage system is proposed, documentation that application to such entity has been made and that the entity can and will provide service;
         5. A detailed demonstration that the proposed sewage system for the subdivision is compatible with the proposed water supply system for the subdivision. The study shall demonstrate that the operation of the sewage system will not affect the suitability or safety of the proposed water supply system and a determination of the potential impacts of downgradient use of groundwater;
         6. Demonstration that the proposed sewage system will meet all county, state and federal standards. The demonstration shall address the relationship of the development to any local or state approved water quality management plans established pursuant to section 201 of the federal Clean Water Act, 33 U.S.C. section 1281 and demonstrate no conflict exists with any state approved local wellhead protection plan or local source water protection plan established pursuant to the federal Safe Drinking Water Act.
      3. Where individual on-lot sewage systems are proposed by the subdivider, a report submitted by the subdivider shall document the safety and adequacy of the proposed on-lot sewage systems including the following:
         1. Adequacy of separation distances;
         2. Separation of drainfield relative to groundwater and impervious soils;
         3. Suitability of the subdivision soil conditions;
         4. Suitable topography;
         5. Proposed population density;
         6. Protection of groundwater uses; and
         7. Watersheds located on or draining into, under or over the proposed subdivision.
      4. Where individual on-lot sewage systems are proposed, the words “NO PROPOSED CENTRALIZED SEWAGE SYSTEM,” in bold capital letters shall appear on all offers, solicitations, advertisements, contracts, agreements and plats relating to the subdivision.
   5. If the subdivider proposes to utilize adjoining property for sewers, drainage, sewer lines, power lines or other utilities, the subdivider shall provide:
      1. Copies of binding easements of not less than twenty (20) feet in width for the proposed facilities from each property owner over whose land such services shall extend, except that the board may accept copies of binding easements of a width less than twenty (20) feet if the subdivider demonstrates to the board’s satisfaction that the easement is adequate to protect the safety and health of the public and provides adequate access for the maintenance of the facilities;
      2. A minimum access roadway right-of-way of sixty (60) feet to the subdivision for all public ways.
   6. A study evaluating the water supply system proposed for the subdivision and the adequacy and safety of the system. The study results shall, at a minimum, include the following:
      1. Identification of the type of water supply system proposed to serve the subdivision and identification of the entity or entities responsible for the design, construction, operation and maintenance of the proposed facility;
      2. For all water supply systems except individual on-lot wells, a report submitted by the subdivider demonstrating the adequacy and safety of the proposed water supply system. The report shall address, at a minimum, the following issues:
         1. The estimated total number of gallons per day for the subdivision water supply system;
         2. Documentation that the proposed water supply system will be compatible with and not adversely affected by the sewage system proposed for the subdivision or any other sources of pollution within a reasonable distance;
         3. List of all surface and groundwater rights which will be used or which will likely be affected, including state engineer application and permit numbers and description of expected effects identified by the study;
         4. Plans for the mitigation of water right conflicts which will likely result from the use of water within the proposed subdivision, as identified by the study, unless such conflicts are deemed not to exist to the satisfaction of the board;
         5. When connecting to an existing water supply system, the report shall also contain:
            1. Documentation that public or private water suppliers can and will supply water to the proposed subdivision, stating the amount of water available for use within the subdivision and the feasibility of extending service to that area;
            2. Documentation concerning the potability of the proposed water supply for the subdivision.
            3. The proposed disposal of water not consumed, including water obtained under permits, storm drainage, dewatering, sewage and other wastewater sources;
            4. A delineation of primary sources of water, secondary sources and occasional or seasonal sources;
            5. Graphic location of all water supply sources including wells, raw water intakes, treatment facilities, treated water storage facilities and ponds;
            6. Documentation of all data sources on the occurrence and availability of surface and groundwater;
            7. Historic stream flows and well levels;
            8. Senior water rights;
            9. Flood damage and flood protection;
            10. Impact of and protection from supply shortages.
         6. Where a centralized water supply system is proposed containing a new source of water supply to be developed, the report shall also demonstrate that the water supply system is sufficient in terms of quality, quantity and dependability and will be available to ensure an adequate water supply system for the type of subdivision proposed. The report shall include a narrative summary of: (1) Where the water supply system source is derived from groundwater, the geologic setting of the water supply system source and the area of influence such as nearby communities, sources of pollution, surface water bodies and aquifers described by a Wyoming registered professional geologist; (2) The quantity, quality and source of the water to be used including proposed and existing surface and groundwater facilities and their locations. Where the proposed water supply system for the subdivision is from a groundwater source, a written report submitted by the subdivider demonstrating that the proposed source is sufficient in terms of quality, quantity and dependability for the type of subdivision proposed;
      3. Where individual on-lot wells are proposed as the water supply system, a report submitted by the subdivider demonstrating the safety and adequacy of the water supply system shall address, at a minimum, the following:
         1. The estimated total number of gallons per day for the subdivision;
         2. Information relative to the potential availability and quality of groundwater proposed within the subdivision which may consist of new data, existing data on other working wells in the area, or other data, including drilling logs, from a test well drilled within the proposed subdivision indicating soil types, depth, quantity and quality of water produced in the test well;
         3. Documentation that the proposed water supply system will be compatible with and not adversely affected by the sewage system proposed for the subdivision or any other sources of pollution within a reasonable distance;
         4. List of all surface and groundwater rights which will be used or which will likely be affected, including state engineer application and permit numbers, and description of expected effects identified by the study; and
         5. Plans for the mitigation of water right conflicts which will likely result from the use of water within the proposed subdivision, as identified by the study, unless such conflicts are deemed not to exist to the satisfaction of the board.
      4. Where individual on-lot wells are proposed, the words “NO PROPOSED CENTRAL WATER SUPPLY SYSTEM,” in bold capital letters shall appear on all offers, solicitations, advertisements, contracts, agreements and plats relating to the subdivision.
   7. Documentation satisfactory to the board that adequate access has been provided and that all proposed streets, alleys and roadways within the subdivision conform to the minimum standards adopted by the board and applied uniformly throughout the county which shall not in itself constitute consent of the board to locate, repair or maintain roadways and facilities. If, however, the subdivider proposes to make any streets, alleys or roadways private, then the subdivider shall submit to the board properly acknowledged written certification that certain streets, alleys or roadways within the subdivision shall remain private and the board shall be under no obligation to repair, maintain or accept any dedication of such roads to the public use. If no such public maintenance is contemplated, the subdivider shall put a legend on the plat of the subdivision, on all advertisements and solicitations for the subdivision and on all offers, contracts or agreements for the sale and purchase of lots within the subdivision showing the streets, alleys and roadways showing in capital letters “NO PUBLIC MAINTENANCE OF STREETS OR ROADS”;
   8. Documentation satisfactory to the board that the subdivider has adequate financial resources to develop and complete any facility proposed or represented to be the responsibility of the subdivider, including but not limited to water supply systems, sewage systems, streets and roadways. The applicant shall provide a performance bond, acceptable letter of credit or other sufficient financial commitment to assure that any facilities proposed or represented to be part of the subdivision will in fact be completed as proposed, or escrow sufficient monies out of land sales to guarantee that the above facilities are installed. The amount of any bond or other financial commitment or escrow required under this paragraph shall reflect the estimated costs of providing the facilities;
   9. Proof that the applicant has published notice of his intent to apply for a permit once each week for two (2) weeks within thirty (30) days prior to filing his application. The notice shall include the name of the subdivider and the general location of the land to be subdivided;
   10. Any other information consistent with this article and the board’s published rules and regulations which the board deems pertinent or relevant to the evaluation of the application;
   11. With respect to any water rights appurtenant to lands to be subdivided in accordance with this chapter and prior to final approval of the subdivision the subdivider shall provide the following:
       1. The intended disposition of the water rights, by:
          1. Evidence that the subdivider has submitted to the state engineer the documentation necessary to relinquish the water rights and has notified purchasers and the board of this action;
          2. Evidence that the subdivider has submitted to the state engineer the documentation necessary to change the use, place of use or point of diversion to provide for beneficial use of the water rights outside the subdivision; or
          3. A plan, a copy of which was submitted to and approved by the state engineer prior to the final approval of the subdivision application, for the distribution of the water rights appurtenant to the land to be subdivided. The plan shall specify the distribution of the water to the lots within the subdivision and shall include all appropriate applications for change of use, change of place of use or change in point of diversion or means of conveyance in accordance with W.S. 41-3-103 , 41-3-104 or 41-3-114 .
       2. If the subdivision is located within lands, served by or crossed by a ditch, irrigation company or association or by an unorganized ditch, evidence that the plan has been submitted, at least sixty (60) days prior to the submittal of the application for the subdivision permit to the company, or association, or the remaining appropriators in the case of an unorganized ditch for their review and recommendations;
       3. Evidence that the subdivider will specifically state on all offers and solicitations relative to the subdivision his intent to comply with this paragraph and that the seller does not warrant to a purchaser that he shall have any rights to the natural flow of any stream within or adjacent to the proposed subdivision. He shall further state that the Wyoming law does not recognize any riparian rights to the continued natural flow of a stream or river for persons living on the banks of the stream or river;
       4. If the subdivision is located within the boundaries of an irrigation district that is subject to the provisions of title 41, chapter 7 of the Wyoming statutes, the application shall include a review and recommendations from the irrigation district regarding the attached water rights and the irrigation district’s easements. If there is a conflict with the irrigation district’s recommendations, the applicant shall certify that it has met with and made a good faith effort to resolve any conflicts with the irrigation district; and
       5. If the subdivision will create a significant additional burden or risk of liability to the irrigation district, company, association or remaining appropriators including appropriators on an unorganized ditch, the applicant shall provide an adequate and responsible plan to reduce or eliminate the additional burden or risk of liability.
   12. Evidence that all parcels of land created by the subdivision will be subject to written and recorded covenants or other instruments creating an entity, binding on subsequent owners of the land within the subdivision. The entities that may be used include, but are not limited to, special improvement districts, homeowners associations and mutual benefit corporations. The board shall not mandate the creation of an entity with the ability to interfere with any owner’s ability to use his private property, except to collect any assessment. The entity shall have the ability to address the following topics:
       1. Maintenance and responsibility for common areas, roads and water supply systems and assessments against all parcels of land in the subdivision to defray the costs thereof;
       2. Continued management of the entity.
2. The board shall require the applicant to obtain review and recommendations from the local conservation district regarding soil suitability, erosion control, sedimentation and flooding problems. The review and recommendations shall be completed within sixty (60) days.
3. Upon receipt of a subdivision permit application filed with a county and prior to subdivision permit approval, the county or subdivider shall send three (3) copies of the portions of the application prepared under this section to the department of environmental quality for review of the safety and adequacy of the proposed sewage system and proposed water supply system. The review shall be conducted in accordance with the following guidelines:
   1. The department may request assistance from the state engineer, the Wyoming water development office and any other state agency or local governmental entity in preparing its review. Any agency or entity requested to assist in the review shall fully cooperate to the extent possible with the department and shall furnish the information or recommendations requested within the time period specified by the department;
   2. To the extent requested by a county government, the administrator of the water quality division, with the approval of the director of the department of environmental quality, shall delegate authority to the county to review any reports or studies required by this section directed at determining the safety and adequacy of the proposed sewage or water supply system contained as part of a subdivision application. Any authority delegated under this section shall be subject to the following conditions:
      1. The county entity shall demonstrate to the administrator of the water quality division that all sewage or water supply systems will be reviewed by a qualified professional with expertise in surface and groundwater protection from pollution and safe and adequate water supply systems;
      2. The local government shall demonstrate that the review of water supply and sewage systems will be in a manner as stringent as the department of environmental quality would require under this section;
      3. The review of subdivisions with a proposed sewage system consisting of wastes requiring an underground injection control permit under department of environmental quality regulations or sewage systems with a proposed surface water discharge shall not be delegated to the county; and
      4. The administrator shall periodically review the administrative programs of each county governmental entity receiving a delegation of authority under this section and may, with the consent of the director, revoke or temporarily suspend the delegation agreement entered into with any entity which has failed to perform its delegated duties or has otherwise violated the terms of its agreement of delegation.
   3. The department shall file its written comments and recommendations on the application with the commission or board within thirty (30) days after receipt of the application. The department may extend its review period for an additional thirty (30) days if an extension is necessary to complete the review.
4. If the permit is approved the board shall require the applicant to put a legend on the plat and on all offers, contracts or agreements for the sale and purchase of lots within the subdivision showing in capital letters “THE SURFACE ESTATE OF THE LAND TO BE SUBDIVIDED IS SUBJECT TO FULL AND EFFECTIVE DEVELOPMENT OF THE MINERAL ESTATE”.

History. Laws 2000, ch. 95, § 2; 2001, ch. 208, § 1; 2009, ch. 59, § 2; ch. 175, § 1; 2011, ch. 101, § 1; ch. 176, § 1; 2021, ch. 130, § 1.

The 2009 amendments. –

The first 2009 amendment, by ch. 59, § 2, effective July 1, 2009, in (a), added “and with respect to paragraph (xii) of this subsection may require” and “and may exempt from paragraph (xii) of this subsection” in the introductory language, and added (a)(xii); and added (d).

The second 2009 amendment, by ch. 175, § 1, effective July 1, 2009, in (a)(xi)(D), deleted “within an irrigation district or” preceding “within lands”, inserted “or crossed by” following “served by”, inserted “at least sixty (60) days prior to the submittal of the application for the subdivision permit” following “has been submitted”, deleted “district board” preceding “company, or association”; and added (a)(xi)(F) and (a)(xi)(G).

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2011 amendments. –

The first 2011 amendment, by ch. 101, § 1, effective July 1, 2011, added “results” in the introductory language of (a)(vi); in (a)(vi)(B)(III) and (a)(vi)(C)(IV), added “identified by the study,” and made stylistic changes; and rewrote (a)(vi)(B)(IV) and (a)(vi)(C)(V), which formerly read: “Plans for the mitigation of water right conflicts resulting from the use of water within the proposed subdivision.”

The second 2011 amendment, by ch. 176, § 1, in the introductory language of (a)(xi), added “the following”; inserted the introductory language of (a)(xi)(A); added the (a)(xi)(A)(I) designation; redesignated former (a)(xi)(B) and (a)(xi)(C) as (a)(xi)(A)(II) and (a)(xi)(A)(III) and redesignated the remaining paragraphs accordingly; and made stylistic changes.

Laws 2011, ch. 176 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2011.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2021 amendment , effective July 1, 2021, added the (a)(v)(A) and (a)(v)(B) designations; substituted ", except that the board may accept copies of binding easements of a width less than twenty (20) feet if the subdivider demonstrates to the board's satisfaction that the easement is adequate to protect the safety and health of the public and provides adequate access for the maintenance of the facilities;" in current (a)(v)(A); and made related changes.

Applicability. —

Laws 2000, ch. 95, § 4, provides: “This act applies to subdivision permit applications filed on and after July 1, 2000.”

Repeals and recreations. —

Laws 2000, ch. 95, § 2, effective July 1, 2000, repealed and recreated former 18-5-306 , relating to minimum requirements for subdivision permits, as present § 18-5-306 .

Safe Drinking Water Act. —

The federal Safe Drinking Water Act, referred to above, is codified as 42 U.S.C. § 300f et seq.

Board obligated to exercise reasonable care. —

A board of county commissioners has a duty to exercise reasonable care in processing and reviewing a subdivision application, and a claim for violating that duty sounds in tort. Pickle v. Board of County Comm'rs, 764 P.2d 262, 1988 Wyo. LEXIS 151 (Wyo. 1988).

Access requirements for landlocked subdivision met by easement road traversing surrounding federal land. —

A road traversing a landlocked subdivision, originally given to the United States forest service for easement through the subdivision to surrounding forest service lands, together with assurances that the forest service will supply any needed future permits, supplied the accesses required by county regulations. Board of County Comm'rs v. Federer Dev. Co., 682 P.2d 1062, 1984 Wyo. LEXIS 295 (Wyo. 1984).

Dependable water source. —

Park County Board of Commissioners found that a reservoir storage that was enhanced to alleviate area water shortage in the event of a dry year was sufficient evidence of the dependability of the subdivision's water supply; speculation that another dry year in the future potentially could cause a shortage did not overcome the record evidence. Northfork Citizens for Responsible Dev. v. Bd. of County Comm'rs, 2010 WY 41, 228 P.3d 838, 2010 Wyo. LEXIS 45 (Wyo. 2010).

Bank not obligated to third-party under contract for which letter of credit issued. —

Unpublished decision: Appeals court agreed with a district court's finding that there was no legal basis in the Wyoming statutes supportive of plaintiff investor's allegation that it was an intended third-party beneficiary of a letter of credit (LC) issued on behalf of a developer pursuant to this section. The appeals court noted that Wyo. Stat. Ann. §§ 34.1-5-103(d), 34.1-5-108(f)(i)-(ii), which expressly governed the LC, reinforced the conclusion that defendant bank was not obligated to plaintiff for any failure of performance in the underlying contract for which the LC was issued. Fish Creek Capital, LLC v. Wells Fargo Bank, N.A., 485 Fed. Appx. 924, 2012 U.S. App. LEXIS 12539 (10th Cir. Wyo. 2012).

Applied in

Marshall v. Board of County Comm'rs, 912 F. Supp. 1456, 1996 U.S. Dist. LEXIS 761 (D. Wyo. 1996).

Cited in

Laughter v. Bd. of County Comm'rs for Sweetwater County, 2005 WY 54, 2005 Wyo. LEXIS 60 , 110 P.3d 875 (2005).

Law reviews. —

For article, “Wyoming's Local Governments and the Quality of Growth — A Preliminary Discussion,” see XIV Land & Water L. Rev. 491 (1979).

For article, “Wyoming's Groundwater Laws: Quantity and Quality Regulation,” see XXIV Land & Water L. Rev. 39 (1989).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity and construction of regulations as to subdivision maps or plats, 11 ALR2d 524.

§ 18-5-307. Planning commission may receive applications and make recommendations.

The board may allow the county planning and zoning commission authorized under the provisions of W.S. 18-5-201 through 18-5-206 as the proper agency to receive and evaluate applications for subdivision permits. If so authorized the planning commission shall receive the materials required by this article and shall submit a copy of the application to the department of environmental quality for review as provided by W.S. 18-5-306(c) and, if applicable, to the fire protection district, fire protection authority or the nearest fire protection district as provided by W.S. 18-5-316(d). The commission shall make findings and recommendations to the board concerning an application within forty-five (45) days from the date the department of environmental quality submits its recommendation to the commission or from the date when the recommendation is due if no recommendation is made, whichever is earlier. If no action is taken by the planning commission within that time the plat is deemed to be approved by the planning commission.

History. Laws 1975, ch. 176, § 16; 1977, ch. 124, § 1; 1997, ch. 179, § 1; 2008, ch. 88, § 2.

The 2008 amendment, effective July 1, 2008, inserted “and, if applicable, to the fire protection district, fire protection authority or the nearest fire protection district as provided by W.S. 18 5 316(d)” at the end of the second sentence, and deleted “After completing its evaluation” from the beginning of the third sentence.

Stated in

Marshall v. Board of County Comm'rs, 912 F. Supp. 1456, 1996 U.S. Dist. LEXIS 761 (D. Wyo. 1996).

§ 18-5-308. Approval by the board.

1. The board shall approve or disapprove the subdivision application and issue a subdivision permit or ruling:
   1. Within forty-five (45) days after receiving a report from the planning commission; or
   2. If no planning and zoning commission has been appointed, within sixty (60) days after the department of environmental quality submits its recommendation to the board or from the date when the recommendation is due if no recommendation is made, whichever is earlier.
2. If any part of the subdivision lies within one (1) mile of the boundaries of an incorporated city or town the approval of the governing body of the city or town must also be obtained in accordance with W.S. 34-12-103 .
3. If a subdivision application is approved by the board notwithstanding an adverse recommendation by the department of environmental quality, the subdivider shall furnish to all potential purchasers a copy of the department’s recommendation prior to sale. The subdivider need not furnish the potential buyer with a copy of the department’s recommendation if the board in approving the subdivision enters a written finding that the subdivider has corrected the inadequacy set forth in the department’s recommendation. Any person violating this subsection is subject to the penalty provided by W.S. 18-5-314 .

History. Laws 1975, ch. 176, § 17; Laws 1977, ch. 124, § 1; 1997, ch. 179, § 1.

Board obligated to exercise reasonable care. —

A board of county commissioners has a duty to exercise reasonable care in processing and reviewing a subdivision application, and a claim for violating that duty sounds in tort. Pickle v. Board of County Comm'rs, 764 P.2d 262, 1988 Wyo. LEXIS 151 (Wyo. 1988).

§ 18-5-309. Permit fee.

Each application for a subdivision permit shall be accompanied by a reasonable fee not to exceed the cost of processing the application as determined by the board. All fees collected shall be credited to the county general fund.

History. Laws 1975, ch. 176, § 18; 1977, ch. 124, § 1; 2009, ch. 59, § 2.

The 2009 amendment, effective July 1, 2009, substituted “reasonable fee not to exceed the cost of processing the application as” for “fee to be”, and deleted the former second sentence which read: “The fee shall be the greater of one hundred dollars ($100.00) or ten dollars ($10.00) per lot up to a maximum fee of one thousand dollars ($1,000.00).”

§ 18-5-310. [Repealed.]

Repealed by Laws 2001, ch. 169, § 1; ch. 208, § 2.

Editor's notes. —

This section, which derived from Laws 1975, ch. 176, § 19, prohibited the recording of a plat until a subdivision permit had been issued.

§ 18-5-311. Investigatory powers.

1. If the board has reason to believe that a person has engaged in activity which violates any provision of this article it shall make an investigation and may administer oaths or affirmations and upon its own motion or upon request of any party may subpoena witnesses, compel their attendance, adduce evidence and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of admissible evidence.
2. If any person subject to the provisions of this article has records required in W.S. 18-5-311(a) located outside this state, the person shall either make them available directly to the board or pay the reasonable and necessary expenses for the board or its representative to examine them at the place where they are maintained. The board may designate representatives, including comparable officials of the state in which the records are located, to inspect them on the board’s behalf.
3. Upon failure without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected thereby, the board may apply to any district court for an order compelling compliance.

History. Laws 1975, ch. 176, § 20; 1977, ch. 124, § 1.

§ 18-5-312. Enforcement.

The provisions of this article are enforceable by all appropriate legal remedies including but not limited to injunctive relief or a writ of mandamus. Upon failure or refusal of any county attorney to act upon a violation of the provisions of this article, the attorney general at the request of the board shall initiate civil or criminal proceedings to enforce the provisions of this article.

History. Laws 1975, ch. 176, § 21; 1977, ch. 124, § 1; 1981, Sp. Sess., ch. 22, § 1.

§ 18-5-313. False statement or misrepresentation; penalty.

Any person who knowingly authorizes, directs or aids in the publication, advertisement, distribution or circulation of any false statement or misrepresentation concerning any subdivision for sale in this or any other state, and every person with knowledge that any such advertisement, prospectus, pamphlet or letter concerning land or any subdivision thereof contains any written statement that is false or fraudulent in any material part or who issues, circulates, publishes or distributes the same or causes the same to be circulated, published or distributed shall upon conviction be imprisoned for a period not to exceed thirty (30) days or be fined not to exceed five hundred dollars ($500.00). Each day of violation constitutes a new offense.

History. Laws 1975, ch. 176, § 22; 1977, ch. 124, § 1.

Am. Jur. 2d, ALR and C.J.S. references. —

Fraud predicated on vendor's misrepresentation or concealment of danger or possibility of flooding or other unfavorable water conditions, 90 ALR3d 568.

Broker's liability for fraud or misrepresentation concerning development or nondevelopment of nearby property, 71 ALR4th 511.

§ 18-5-314. Penalties.

Any person who willfully violates any provision of this article or any rule or order issued under this article shall upon conviction be fined not more than five hundred dollars ($500.00) or imprisoned in a county jail for not more than thirty (30) days or both. Each day of violation constitutes a new offense.

History. Laws 1975, ch. 176, § 23; 1977, ch. 124, § 1; 2009, ch. 59, § 2.

The 2009 amendment, effective July 1, 2009, deleted “, and any person who as an agent for a subdivider, developer or owner of subdivided lands offers for sale any subdivided lands or subdivisions without first complying with the provisions of this article” after “under this article.”

Constitutionality. —

Defendant could not sustain an “as-applied-to” due process challenge to the penalty or punishment provisions of this section because those provisions were not applied to the defendant. McClellan v. State, 933 P.2d 461, 1997 Wyo. LEXIS 31 (Wyo. 1997).

Jurisdiction. —

A justice of the peace court did not exceed its jurisdiction by presiding over a prosecution for three charges of unlawful subdivision of land because the penalties for such acts render the crimes misdemeanors. McClellan v. State, 933 P.2d 461, 1997 Wyo. LEXIS 31 (Wyo. 1997).

Unlawful subdivision. —

Evidence of a sale that was going to occur after unlawful conveyances had been made was irrelevant to the charges of unlawful subdivision filed against defendant; the later sale was a separate and distinct transaction, completely unrelated to the transactions for which defendant was convicted. McClellan v. State, 933 P.2d 461, 1997 Wyo. LEXIS 31 (Wyo. 1997).

Evidence was sufficient to support a conviction for unlawful subdivision of land. McClellan v. State, 933 P.2d 461, 1997 Wyo. LEXIS 31 (Wyo. 1997).

Defendant's multiple convictions and sentences for unlawful subdivision of land did not violate double jeopardy; the case involved three separate illegal transactions with different people and three separate parcels of land, thus making separate charges for each conveyance appropriate. McClellan v. State, 933 P.2d 461, 1997 Wyo. LEXIS 31 (Wyo. 1997).

§ 18-5-315. Provisions minimum.

If any board has or enacts resolutions or regulations which impose requirements on subdividers or subdivisions which are more restrictive than the provisions of this article, the authority to enact such local resolutions or regulations being hereby granted, the local provisions are not superseded by the provisions of this article. Nothing in this section shall be deemed to allow any board to impose requirements that contravene the exemptions from this article as provided in W.S. 18-5-303 .

History. Laws 1975, ch. 176, § 24; 1977, ch. 124, § 1; 2019, ch. 141, § 1.

The 2019 amendment added the last sentence.

Laws 2019, ch. 141, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 27, 2019.

Severability. —

Section 2, ch. 176, Laws 1975, reads: “If any section of this act is declared invalid by a court of competent jurisdiction, such decision shall be limited to the section or sections expressly found invalid, and shall not affect or invalidate the remaining sections of this act, which shall remain in full force and effect.”

Quoted in

Marshall v. Board of County Comm'rs, 912 F. Supp. 1456, 1996 U.S. Dist. LEXIS 761 (D. Wyo. 1996).

Cited in

Pedro/Aspen, Ltd. v. Bd. of County Comm'rs, 2004 WY 84, 94 P.3d 412, 2004 Wyo. LEXIS 109 (2004).

Law reviews. —

For article, “Wyoming's Local Governments and the Quality of Growth — A Preliminary Discussion,” see XIV Land & Water L. Rev. 491 (1979).

§ 18-5-316. Requirements for large acreage subdivision permits.

1. Except as otherwise provided, a county may, by resolution, elect to apply the provisions of this article on a uniform basis to the sale or disposition of any land where the subdivision creates parcels that are thirty-five (35) acres or larger and up to one hundred forty (140) acres. Except as provided in this subsection, each lawfully recorded parcel of land on July 1, 2008 shall be exempted from all provisions of this section other than compliance with paragraphs (i) through (iii) of this subsection and W.S. 18-5-317 and shall be allowed to be divided into not more than ten (10) parcels of one hundred forty (140) acres or less in size, provided that each new or remaining parcel is no less than thirty-five (35) acres. Parcels created pursuant to this exemption may be created at any time and may be created over a period of years through separate transactions. In no case, however, shall this exemption be used to create more than ten (10) parcels of land from each original parcel and each parcel created after July 1, 2008 shall be subject to this section and W.S. 18-5-317 as otherwise provided in this section. Boundary adjustments between or among parcels shall not be considered as a division of property subject to the limitations in this section. If a county elects to apply this article to sales or dispositions where the subdivision creates parcels that are thirty-five (35) acres or larger and up to one hundred forty (140) acres, unless the property is exempted under this subsection, the subdivider shall obtain a subdivision permit pursuant to this section. The provisions of W.S. 18-5-306 and 18-5-315 shall not be applicable to a subdivision of land under this section but nothing in this sentence shall prohibit application of lawfully adopted zoning provisions. Before granting the exemption provided in this subsection the board may require the person seeking the exemption to submit any or all of the following:
   1. A legal description or recordable survey containing the following:
      1. Date of preparation, scale and north arrow;
      2. The location of the subdivision units including the section, township and range;
      3. The location and dimension of access and utilities easements, which shall conform to the requirements of W.S. 18-5-303(b).
   2. Evidence of compliance with paragraph (b)(ix) of this section;
   3. 1. If a centralized water supply system is proposed for the subdivision, a study evaluating the water supply system proposed and the adequacy and safety of the system. The study shall include information relative to the potential availability and quality of groundwater proposed within the subdivision which may consist of new data, existing data on other working wells in the area, or other data, including drilling logs, from a test well drilled within the subdivision indicating soil types, depth, quantity and quality of water produced in the test well; (iii) (A) If a centralized water supply system is proposed for the subdivision, a study evaluating the water supply system proposed and the adequacy and safety of the system. The study shall include information relative to the potential availability and quality of groundwater proposed within the subdivision which may consist of new data, existing data on other working wells in the area, or other data, including drilling logs, from a test well drilled within the subdivision indicating soil types, depth, quantity and quality of water produced in the test well;
      2. Where individual on-lot wells are proposed:
         1. The study under subparagraph (A) of this paragraph shall not be required and the words “NO PROPOSED CENTRAL WATER SUPPLY SYSTEM,” in bold capital letters shall appear on all offers, contracts, agreements and plats relating to the subdivision; and
         2. The board may require a study relative to the potential availability and quality of groundwater proposed within the subdivision which may consist of new data, existing data on other working wells in the area, or other data, including drilling logs from a test well drilled within the proposed subdivision indicating soil types, depth, quantity and quality of water produced in the test well.
2. The board may require any or all of the following information to be submitted with an application for a subdivision permit pursuant to this section:
   1. Evidence that the proposed subdivision complies with any applicable zoning regulations;
   2. A survey plat submitted by the subdivider containing the following:
      1. Date of preparation, scale and north arrow;
      2. The location of the subdivision including the section, township and range;
      3. The location and dimension of existing and proposed lots, units, tracts, parcels, streets, alleys, roads, highways, public ways, utility rights-of-way, easements, parks and the location of proposed permanent buildings and structures if known.
   3. Evidence that:
      1. The subdivider or his duly authorized agent who offers any part of the subdivision for sale or who solicits any offers for the purchase thereof, may convey merchantable title subject only to noted reservations or restrictions of record and subject only to a proportionate share of real property taxes or assessments charged or assessed for the year in which any such sale may be legally effected; or
      2. Binding arrangements have been made by the person or his duly authorized agent who offers any part of the subdivision for sale, to assure purchasers of any part of the subdivision that upon full payment of the purchase price a deed can and will be delivered conveying merchantable title subject only to noted reservations or restrictions of record and subject only to a proportionate share of such taxes and assessments thereon as may be levied or assessed for the year in which the sale may be legally effected.
   4. A study evaluating the sewage system proposed for the subdivision and the adequacy and safety of the system. Where individual on-lot sewage systems are proposed, the words “NO PROPOSED CENTRALIZED SEWAGE SYSTEM,” in bold capital letters shall appear on all offers, contracts, agreements and plats relating to the subdivision;
   5. If the subdivider proposes to utilize adjoining property for sewers, drainage, sewer lines, power lines or other utilities, the subdivider shall provide copies of binding easements of not less than twenty (20) feet in width for the proposed facilities from each property owner over whose land such services shall extend and shall provide a minimum access roadway right-of-way of sixty (60) feet to the subdivision for all public ways. Where no or limited on-lot utility connections are proposed, the words “NO PROPOSED UTILITY CONNECTIONS” or “LIMITED UTILITY CONNECTIONS,” as appropriate, in bold capital letters shall appear on all offers, contracts, agreements and plats relating to the subdivision. A permit shall not be denied for failure to provide on-lot utility connections;
   6. 1. A study evaluating the water supply system proposed for the subdivision and the adequacy and safety of the system. The study shall include information relative to the potential availability and quality of groundwater proposed within the subdivision which may consist of new data, existing data on other working wells in the area, or other data, including drilling logs, from a test well drilled within the proposed subdivision indicating soil types, depth, quantity and quality of water produced in the test well; (vi) (A) A study evaluating the water supply system proposed for the subdivision and the adequacy and safety of the system. The study shall include information relative to the potential availability and quality of groundwater proposed within the subdivision which may consist of new data, existing data on other working wells in the area, or other data, including drilling logs, from a test well drilled within the proposed subdivision indicating soil types, depth, quantity and quality of water produced in the test well;
      2. Where individual on-lot wells are proposed:
         1. The words “NO PROPOSED CENTRAL WATER SUPPLY SYSTEM,” in bold capital letters shall appear on all offers, contracts, agreements and plats relating to the subdivision; and
         2. The board may require a study relative to the potential availability and quality of groundwater proposed within the subdivision which may consist of new data, existing data on other working wells in the area, or other data, including drilling logs from a test well drilled within the proposed subdivision indicating soil types, depth, quantity and quality of water produced in the test well.
   7. Documentation that adequate ingress and egress access has been provided to all proposed lots, units, tracts and parcels and that all proposed lots, units, tracts, parcels, streets, alleys and roadways within the subdivision conform to the minimum standards adopted by the board and applied uniformly throughout the county which shall not in itself constitute consent of the board to locate, repair or maintain roadways and facilities. If, however, the subdivider proposes to make any streets, alleys or roadways private, then the subdivider shall submit to the board properly acknowledged written certification that certain streets, alleys or roadways within the subdivision shall remain private and the board shall be under no obligation to repair, maintain or accept any dedication of these roads to the public use. If no such public maintenance is contemplated on any of the roads, the subdivider shall put a legend on the plat of the subdivision and on all offers, contracts or agreements for the sale and purchase of lots within the subdivision showing the streets, alleys and roadways showing in capital letters “NO PUBLIC MAINTENANCE OF SPECIFIED STREETS OR ROADS”;
   8. Documentation that the subdivider has adequate financial resources to develop and complete any facility proposed or represented to be the responsibility of the subdivider, including but not limited to water supply systems, sewage systems, streets and roadways. The applicant shall provide a performance bond, acceptable letter of credit or other sufficient financial commitment to assure that any facilities proposed or represented to be part of the subdivision will in fact be completed as proposed, or escrow sufficient monies out of land sales to guarantee that the above facilities are installed. The amount of any bond or other financial commitment or escrow required under this paragraph shall reflect the estimated costs of providing the facilities;
   9. With respect to any water rights appurtenant to lands to be subdivided in accordance with this section and prior to final approval of the subdivision the subdivider shall provide the following:
      1. The intended disposition of the water rights by:
         1. Evidence that the subdivider has submitted to the state engineer the documentation necessary to relinquish the water rights and has notified purchasers and the board of this action;
         2. Evidence that the subdivider has submitted to the state engineer the documentation necessary to change the use, place of use or point of diversion to provide for beneficial use of the water rights outside the subdivision; or
         3. A plan, a copy of which was submitted to and approved by the state engineer prior to the final approval of the subdivision application, for the distribution of the water rights appurtenant to the land to be subdivided. The plan shall specify the distribution of the water to the lots within the subdivision and shall include all appropriate applications for change of use, change of place of use or change in point of diversion or means of conveyance in accordance with W.S. 41-3-103 , 41-3-104 or 41-3-114 .
      2. If the subdivision is located within an irrigation district or within lands, served by a ditch, irrigation company or association or by an unorganized ditch, evidence that the plan has been submitted to the district board company, or association, or the remaining appropriators in the case of an unorganized ditch for their review and recommendations; and
      3. Evidence that the subdivider will specifically state on all offers relative to the subdivision his intent to comply with this paragraph and that the seller does not warrant to a purchaser that he shall have any rights to the natural flow of any stream within or adjacent to the proposed subdivision. He shall further state that the Wyoming law does not recognize any riparian rights to the continued natural flow of a stream or river for persons living on the banks of the stream or river.
   10. Evidence that all parcels of land created by the subdivision will be subject to written and recorded covenants or other instruments creating an entity, binding on subsequent owners of the land within the subdivision. The entities that may be used include, but are not limited to, special improvement districts, homeowners associations and mutual benefit corporations. The board shall not mandate the creation of an entity with the ability to interfere with any owner’s ability to use his private property, except to collect any assessment. The entity shall have the ability to address the following topics:
       1. Maintenance and responsibility for common areas, roads and water supply systems and assessments against all parcels of land in the subdivision to defray the costs thereof;
       2. Continued management of the entity.
3. The board shall require the applicant to obtain review and recommendations from the local conservation district regarding soil suitability, erosion control, sedimentation and flooding problems. The review and recommendations shall be completed within sixty (60) days.
4. The board shall require the applicant to obtain review and recommendations from a fire protection district in which any portion of the subdivision lies, from the authority having jurisdiction over fire prevention and protection in the area or from the nearest fire protection district if no part of the subdivision lies within a fire protection district, regarding adequacy of fire protection measures. If the entire subdivision does not lie within a fire protection district and no city, town or fire protection district is obligated to provide fire protection pursuant to an agreement authorized by law the subdivider shall put a legend on the plat of the subdivision and on all offers, contracts or agreements for the sale and purchase of lots within the subdivision showing in capital letters “LOTS ARE NOT PART OF A FIRE PROTECTION DISTRICT AND FIRE PROTECTION IS NOT OTHERWISE PROVIDED”.
5. If the permit is approved the board shall require the applicant to put a legend on the plat and on all offers, contracts or agreements for the sale and purchase of lots within the subdivision showing in capital letters “THE SURFACE ESTATE OF THE LAND TO BE SUBDIVIDED IS SUBJECT TO FULL AND EFFECTIVE DEVELOPMENT OF THE MINERAL ESTATE”.
6. Nothing in this section shall require the acquisition of a permit for the sale or disposition of lands that on or before July 1, 2008 have been developed and promoted as part of a large acre subdivision as evidenced by dated plat maps, sales brochures or other evidence acceptable to the board.
7. If the lots, units, tracts or parcels created pursuant to a permit issued under this section are used for agricultural purposes and otherwise qualify as agricultural land for purposes of W.S. 39-13-103(b)(x), the lots, units, tracts or parcels shall be deemed not to be part of a platted subdivision for purposes of W.S. 39-13-103(b)(x)(B)(II).

History. Laws 2008, ch. 88, § 1; 2009, ch. 59, § 2; ch. 60, § 1; 2011, ch. 176, § 1.

The 2009 amendment. —

The first 2009 amendment, by ch. 59, § 2, effective July 1, 2009, added (b)(x).

The second 2009 amendment, by ch. 60, § 1, effective July 1, 2009, added subparagraph designations (a)(iii)(A), (a)(iii)(B), and (a)(iii)(B)(I); substituted “for the subdivision” for “on the parcel or parcels” in the first sentence of (a)(iii)(A); in the second sentence of (a)(iii)(A), substituted “subdivision” for “parcel or parcels,” and “within the subdivision” for “on the parcel or parcels”; in (a)(iii)(B)(I), added “under subparagraph (A) of this paragraph,” and substituted “subdivision” for “parcel or parcels”; added subparagraph designations (b)(vi)(A), (b)(vi)(B), and (b)(vi)(B)(I); added (b)(vi)(B)(II); and made related changes.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2011 amendment, in (b)(ix), added “the following”; inserted the introductory language of (b)(ix)(A); added the (b)(ix)(A)(I) designation; redesignated former (b)(ix)(B) and (b)(ix)(C) as (b)(ix)(A)(II) and (b)(ix)(A)(III) and redesignated the remaining paragraphs accordingly.

Laws 2011, ch. 176 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2011.

Effective dates. —

Laws 2008, ch. 88, § 3, makes the act effective July 1, 2008.

§ 18-5-317. Subsequent sale of subdivided lots.

If any lot, unit, tract or parcel is created pursuant to a subdivision and the lot, unit, tract or parcel is sold pursuant to a contract for deed, notice of the contract for deed shall be recorded with the county clerk within ten (10) days after the contract was executed.

History. Laws 2008, ch. 88, § 1.

Effective dates. —

Laws 2008, ch. 88, § 3, makes the act effective July 1, 2008.

§ 18-5-318. Large parcels used for agricultural purposes.

If any lot, unit, tract or parcel thirty-five (35) acres or more in size is used for agricultural purposes within a platted subdivision and otherwise qualifies as agricultural land for purposes of W.S. 39-13-103(b)(x), the parcel shall be deemed not to be part of a platted subdivision for purposes of W.S. 39-13-103(b)(x)(B)(II).

History. Laws 2009, ch. 58, § 1, ch. 59, § 1.

Editor's notes. —

Laws 2009, ch. 58, § 3, provides: “W.S. 18-5-318 as created by section 1 of this act and W.S. 39-13-103(b)(x)(B)(II) as amended by section 2 of this act shall apply to any property tax assessed on or after January 1, 2009.”

Effective dates. —

Laws 2009, ch. 58, § 4(a), makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 26, 2009.

§ 18-5-401. Authority.

The board of county commissioners in each county, by resolution, may establish, regulate and control a conservation design process for the unincorporated area in the county as provided in this article.

History. Laws 2009, ch. 58, § 1.

§ 18-5-402. Definitions.

1. As used in this article:
   1. “Conservation design process” means a planning process adopted by a county to offer a land use option for residential purposes that differs from traditional thirty-five (35) acre divisions of land described in W.S. 18-5-303(b) using cluster development and density bonuses to preserve open space through:
      1. Protection of wildlife habitat and critical areas; or
      2. Enhancement and maintenance of the rural character of lands with contiguity to agricultural lands suitable for long range farming and ranching operations.
   2. “Cluster development” means any division of land that creates parcels containing less than thirty-five (35) acres each, for residential purposes, provided:
      1. One (1) or more parcels are being divided pursuant to a county conservation design process;
      2. An area within the county equal to not less than two-thirds (2/3) of the total area of the parcel, as defined in W.S 18-5-302(a)(x), being divided is reserved at the time of the development for the preservation of open space in furtherance of one (1) or more of the objectives described in paragraph (i) of this subsection;
      3. Unless otherwise provided through a density bonus, the gross overall density shall not exceed one (1) residential unit for each seventeen and one-half (17 1/2) acres; and
      4. Land set aside to preserve open space or to protect wildlife habitat or critical areas shall not be developed in any way that changes its open space designation for at least sixty-five (65) years from the date the cluster development is approved and shall be governed by the provisions of W.S. 18-5-403(b)(ii).
   3. “Density bonus” means a land use design incentive that encourages optimized preservation of open space by allowing a gross overall density of two (2) or more residential units for each thirty-five (35) acres;
   4. “Open space” means an area of land or water that is substantially free of structures, impervious surfaces, roads and other land-altering activities and does not include lands used for private recreation such as golf courses and residential yards, areas devoted to parking, vehicular traffic, nonagricultural private use or any other use which does not significantly lend itself to the furtherance of one (1) or more of the objectives described in paragraph (i) of this subsection. “Open space” includes lands used for agricultural activities;
   5. “Private recreation” shall not include nature trails or hiking trails;
   6. “Residential unit” means a structure or part of a structure containing dwelling units, including single family or two-family houses, multiple dwellings or apartments. Residential units do not include transient accommodations such as transient hotels, motels, tourist cabins, boarding or rooming houses or dormitories.

History. Laws 2009, ch. 58, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 18-5-403. Cluster development permits.

1. No person shall sell land subject to subdivision regulation under this article, record a plat or commence the construction of any cluster development under this article without first obtaining a permit from the board of county commissioners in which the land is located.
2. No permit shall be approved until:
   1. A plat of the cluster development has been prepared by or under the supervision of a Wyoming professional land surveyor, approved by the board and recorded with the county clerk in the county in which the land is located which includes a statement on the plat designating the open space area and clearly noting the duration of the open space reservation;
   2. A provision is approved by the board providing for the designation of the open space, which may be evidenced by conservation easements, restrictive covenants, dedication of open space to the public where the dedication will be accepted by the governing body or any other evidence approved by the board. The provision shall provide for a process by which the owners of the lots in the development may retain the designation of land as open space after the expiration of the initial sixty-five (65) year period;
   3. The board finds that the development has met the conservation design process requirements adopted by the board.
3. Each application for a cluster development permit shall be accompanied by a reasonable fee not to exceed the cost of processing the application as determined by the board of county commissioners.
4. If the open space areas created pursuant to a permit issued under this article are used for agricultural purposes and otherwise qualify as agricultural land for purposes of W.S. 39-13-103(b)(x), the area designated as open space shall be deemed not to be part of a platted subdivision for purposes of W.S. 39-13-103(b)(x)(B)(II).

History. Laws 2009, ch. 58, § 1.

§ 18-5-404. Enforcement; rules and regulations.

If a board of county commissioners adopts the process described in this article, it shall enforce this article and, in accordance with the Wyoming Administrative Procedure Act, shall adopt rules and regulations to implement the provisions of and to insure compliance with the intent and purposes of this article.

History. Laws 2009, ch. 58, § 1.

§ 18-5-405. Cluster development; notice to state engineer.

Within thirty (30) days after a cluster development has been approved pursuant to the conservation design process, the board of county commissioners shall notify the state engineer of the approval and shall provide the state engineer a copy of the approved cluster development plan.

History. Laws 2009, ch. 58, § 1.

§ 18-5-501. Definitions.

1. As used in this article:
   1. “Industrial siting council” or “council” means the council created by W.S. 35-12-104 ;
   2. “Wind energy facility” means any wind powered electrical generation development consisting of an individual wind turbine or multiple wind turbines rated by the manufacturer to generate more than one-half (0.5) megawatt of electricity and includes all lands where the owner or developer has rights to erect wind turbines;
   3. “Enlarge” or “enlargement” means adding additional wind turbines or energy capacity that is not permitted as part of an original permitting process. “Enlarge” or “enlargement” shall not include an improvement made to a permitted wind turbine that maintains the same surface space occupied by the structure that was previously permitted, regardless of the cost of the improvement;
   4. “Owner” means the surface owner of land;
   5. “Facility” includes:
      1. A wind energy facility or a solar energy facility unless the context clearly indicates otherwise;
      2. A wind energy facility or a solar energy facility planned for construction and siting or whose ownership or business structure is organized in a way to circumvent the definition of “facility” or the requirements of this article while engaging in conduct that otherwise would be subject to the requirements of this article. A facility that meets the definition of this subparagraph shall comply with all requirements of this article before locating, erecting, constructing, reconstructing or enlarging the facility.
   6. “Solar energy facility” means a commercial facility with a rated power capacity of more than one-half (0.5) megawatt of electricity from solar power that includes all lands where the owner or developer has rights to erect solar energy facilities, including lands for battery storage.

History. Laws 2010, ch. 97, § 1; 2020, ch. 106, § 1.

The 2020 amendment, effective July 1, 2020, in (a)(ii) deleted “or ‘facility’” preceding “means” and substituted “all lands” for “all contiguous lands”; in (a)(iii) substituted “wind turbines or energy capacity that is” for “wind turbines which are” and added the last sentence; and added (a)(v).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 18-5-502. County regulation of wind or solar energy projects; exceptions.

1. It is unlawful to locate, erect, construct, reconstruct or enlarge a facility without first obtaining a permit from the board of county commissioners in the county in which the facility is located.
2. If a facility is to be located in two (2) or more counties, a permit shall be obtained in each county in which the facility is to be located.
3. No wind energy facility constructed or being constructed prior to July 1, 2010 shall be required to have the permit required by this section. No wind energy facility for which an application for a permit has been made to the industrial siting council, or that has received findings of fact, conclusions of law and an order from the industrial siting council, prior to July 1, 2010 shall be required to have the permit required by this section.
4. Any wind energy facility which is not required to have a permit pursuant to subsection (c) of this section shall be required to obtain a permit for any enlargement of the facility after July 1, 2010.
5. No solar energy facility that has obtained final county approval where required or that is constructed or being constructed prior to July 1, 2020 shall be required to have the permit required by this section. Any solar energy facility that is not required to have a permit pursuant to this subsection shall be required to obtain a permit for any enlargement of the facility after July 1, 2020.

History. Laws 2010, ch. 97, § 1; 2020, ch. 106, § 1.

The 2020 amendment, effective July 1, 2020, in (a) and (b) substituted “a facility” for “a wind energy facility”; and added (e).

§ 18-5-503. Application.

1. To obtain the permit required by W.S. 18-5-502 , the owner or developer of a facility shall submit an application to the board of county commissioners. The application shall:
   1. Certify that reasonable efforts have been undertaken to provide notice in writing to all owners of land within one (1) mile of the proposed facility, to the military installation commander or the commander’s designee if there are any active federal military missile launch or control facilities within five (5) miles of the proposed facility, to the department of transportation and to all cities and towns located within twenty (20) miles of the facility. Notice shall include a general description of the project including its location, projected number and capacity of turbines or solar energy facilities, the likely routes of ingress and egress and the likely location of electric transmission and other related facilities;
   2. Certify that notice of the proposed facility will be published in a newspaper of general circulation in all counties in which the facility will be located at least twenty (20) days prior to the public hearing required by W.S. 18-5-506 . The notice shall include a brief summary of the facility, invite the public to submit comments and identify the time and date of the hearing;
   3. Certify that the proposed facility will comply with all the standards required by W.S. 18-5-504 ;
   4. Certify that the proposed facility will comply with all applicable zoning and county land use regulations, which regulations shall be no less stringent than the standards required by this article;
   5. Certify that a written emergency management plan has been submitted for review and comment to the county fire warden, county emergency management coordinator and the county sheriff. If the permit is granted, the plan shall be supplemented and revised following construction of the facility and prior to its operation if there are any variations in the facility’s construction which would materially impact the original emergency management plan;
   6. Provide a waste management plan that includes an inventory of estimated solid wastes and a proposed disposal program for the construction, operation and eventual decommissioning of the proposed facility;
   7. Provide evidence sufficient for the board of county commissioners to determine if the proposed facility has adequate legal access. The application also shall describe how private roadways within the facility will be marked as private roadways and shall acknowledge that no county is required to repair, maintain or accept any dedication of the private roadways to the public use. The application also shall include a traffic study of any public roadways leading to and away from the proposed facility and the board of county commissioners and department of transportation may require the applicant to enter into a reasonable road use agreement for the use of county roads or state highways prior to construction of the facility;
   8. Provide a project plan indicating the proposed roadways, tower locations, substation locations, transmission, collector and gathering lines and other ancillary facility components. If the application is granted, the board of county commissioners shall require that the project plan be revised to show the final location of all facilities;
   9. Certify that there shall be no advertising or promotional lettering on any solar energy facility, tower, turbine, nacelle or blade beyond the manufacturer’s or the applicant’s logo on the solar energy facility or the nacelle of the turbine;
   10. Provide a site and facility reclamation and decommissioning plan which indicates the planned life of the facility and the means by which the facility and its site will be decommissioned and reclaimed at the end of the facility’s life and which certifies that any owner of land within the facility and its site who is not the applicant has been consulted in development of the reclamation and decommissioning plan. Such plan shall comply with all requirements adopted by the industrial siting council under W.S. 35-12-105(d). If the permit is granted, the plan shall be updated every five (5) years until site reclamation and decommissioning is complete;
   11. For wind energy facilities and solar energy facilities not meeting the definition of an industrial facility as defined in W.S. 35-12-102(a)(vii)(E) or (G), provide a detailed summary of any significant adverse environmental, social or economic effects that the proposed facility may have together with any preliminary plans developed to alleviate any of the adverse effects.
2. A facility subject to this article shall meet the requirements adopted pursuant to W.S. 35-12-105(d) and (e) regardless of whether the facility is referred to the industrial siting council pursuant to W.S. 18-5-509 or is otherwise subject to the industrial siting act.

History. Laws 2010, ch. 97, § 1; 2020, ch. 106, § 1.

The 2020 amendment, effective July 1, 2020, in the introductory language of (a), (a)(i) through (a)(iv), (a)(vi), (a)(vii), (a)(ix) through (a)(xi), and (b) substituted “facility” for “wind energy facility” throughout; in (a)(i) added “to the military installation commander or the commander's designee if there are any active federal military missile launch or control facilities within five (5) miles of the proposed facility, to the department of transportation” preceding “and to all cities,” substituted “projected number and capacity of turbines or solar energy facilities” for “projected number of turbines and,” and added “and the likely location of electric transmission and other related facilities” at the end; in (a)(vii), substituted “county commissioners and department of transportation may require” for “county commissioners may require” and “county roads or state highways” for “county roads”; in (a)(ix) substituted “any solar energy facility, tower” for “any tower” and “logo on the solar energy facility or the nacelle” for “logo on the nacelle”; and in (a)(xi) substituted “wind energy facilities and solar energy facilities” for “wind energy facilities,” “of an industrial facility” for “of a facility,” and “W.S. 35-12-102(a)(vii)(E) or (G)” for “W.S. 35-12-102(a)(vii).”

§ 18-5-504. Minimum standards; incorporation into other processes.

1. No board of county commissioners shall issue a permit for a facility if that facility:
   1. Does not comply with standards properly adopted by the board of county commissioners for the construction of wind energy facilities or solar energy facilities, which standards shall not be less stringent than the standards required by this article, except as allowed by this section;
   2. For wind energy facilities, would locate the base of any tower at a distance of less than one hundred ten percent (110%) of the maximum height of the tower from any property line contiguous or adjacent to the facility, unless waived in writing by the owner of every property which would be located closer than the minimum distance;
   3. For wind energy facilities, would locate the base of any tower at a distance of less than one hundred ten percent (110%) of the maximum height of the tower from any public road right-of-way;
   4. For wind energy facilities, would construct any tower or other structure, other than underground structures, transmission lines, roadways and structures appurtenant to roadways, at a distance of less than five and one-half (5.5) times the maximum height of the tower, but in no event less than one thousand (1,000) feet from any platted subdivision unless this restriction is waived in writing by the owners of all lands included within the distance specified in this paragraph;
   5. For wind energy facilities, would locate the base of any tower at a distance of less than five and one-half (5.5) times the maximum height of the tower, but in no event less than one thousand (1,000) feet from a residential dwelling or occupied structure, unless waived in writing by the person holding title to the residential dwelling or occupied structure;
   6. For wind energy facilities, would locate the base of any tower at a distance of less than one-half (1/2) mile from the limits of any city or town;
   7. For solar energy facilities:
      1. Would locate the facility within three hundred (300) feet of an occupied structure or residence unless waived in writing by the owner of the structure or residence;
      2. Would locate the facility within one hundred (100) feet of any outer boundary of the facility;
      3. Would locate the facility on unzoned or agricultural zoned land less than two hundred (200) feet from any public road right-of-way or on other land less than one hundred (100) feet from any public road right-of-way.
2. No rule, regulation or law promulgated or applied by any county in this state shall adopt a standard less stringent than the minimum standards established in subsection (a) of this section. The minimum standards stated in subsection (a) of this section shall be incorporated into every existing or future county permitting or licensing process to which they are applicable so that no applicant for a permit under this article is required to submit more than one (1) application addressing these standards to any county.
3. Notwithstanding subsection (b) of this section, any board of county commissioners for solar facilities:
   1. May vary the location and setback requirements provided in subsection (a) of this section, either on its own or by following its land use planning, zoning or conditional use processes;
   2. For lands within the boundaries of any incorporated municipality, shall require any setbacks recommended by the governing body of the municipality within the boundaries of that municipality;
   3. May increase setbacks required from public road rights-of-way beyond those required in this section to accommodate known big game animal migrations and frequent local wildlife movements and to reduce the risk of motor vehicle and big game animal collisions. A board of county commissioners may consult with the:
      1. Game and fish department for setbacks from public roads;
      2. Department of transportation for setbacks from state highways;
      3. County’s appropriate local entity for setbacks from county roads.
4. No board of county commissioners shall issue a permit under W.S. 18-5-502(a) until that county has adopted rules and regulations governing the notice that the application for a permit must provide to the record owners and claimants of mineral rights located on and under lands where the facility will be constructed. The rules shall conform to rules adopted by the industrial siting council for the same purpose pursuant to W.S. 35-12-105 .
5. For a permit granted for a wind energy facility under this article, there shall be no vertical construction of a wind turbine within two (2) nautical miles of any active federal military missile launch or control facility, unless the owner or developer of the wind energy facility first obtains and furnishes documentation to the board of county commissioners of:
   1. A written determination of no adverse impact on nuclear security operations from the military installation commander or the commander’s designee. The determination shall not be unreasonably withheld or denied;
   2. A determination of no hazard from the federal aviation administration; and
   3. Documentation from the federal military aviation and installation assurance siting clearinghouse that resolves any potential adverse impact on military operations and readiness and that commits to implement required mitigation measures.

History. Laws 2010, ch. 97, § 1; 2020, ch. 106, § 1.

The 2020 amendment, effective July 1, 2020, in the introductory language of (a) substituted “a facility” for “a wind energy facility”; in (a)(i) substituted “wind energy facilities or solar energy facilities” for “wind energy facilities” and added “except as allowed by this section” at the end; in (a)(ii) through (a)(vi) added “For wind energy facilities” at the beginning; added (a)(vi) and made a related change; added (c); redesignated former (c) as (d); in (d) substituted “the facility” for “the wind energy facility”; and added (e).

§ 18-5-505. Complete applications; notice.

Upon receipt of an application, the board of county commissioners shall conduct a review of the application to determine if it contains all the information required by W.S. 18-5-503 and any applicable rules and regulations. If the board of county commissioners determines that the application is incomplete, it shall within thirty (30) days of receipt of the application notify the applicant of the specific deficiencies in the application. The applicant shall provide the additional information necessary within thirty (30) days of receipt of a request for additional information from the board. When the board of county commissioners determines that the application is complete it shall notify the applicant that the application is complete and shall provide notice of the date and time at which the hearing required by W.S. 18-5-506 will be conducted.

History. Laws 2010, ch. 97, § 1.

§ 18-5-506. Hearing and public comment.

Any board of county commissioners receiving an application to permit a facility shall hold a public hearing to consider public comment on the application no less than forty-five (45) days and not more than sixty (60) days after determining that the application is complete. Written comment on the application shall be accepted by the board of county commissioners for not less than forty-five (45) days after determining that the application is complete.

History. Laws 2010, ch. 97, § 1; 2020, ch. 106, § 1.

The 2020 amendment, effective July 1, 2020, substituted “a facility” for “a wind energy facility.”

§ 18-5-507. Decision of the board; findings necessary.

1. Within forty-five (45) days from the date of completion of the hearing required by W.S. 18-5-506 , the board shall make complete findings, issue an opinion, render a decision upon the record either granting or denying the application and state whether or not the applicant has met the standards required by this article. The decision shall be subject to the remedies provided in W.S. 18-5-508 . The board shall grant a permit if it determines that the proposed facility complies with all standards properly adopted by the board of county commissioners and the standards required by this article.
2. No permit shall be granted if the application is incomplete or if all notices required by W.S. 18-5-503 have not been timely given.
3. A copy of the decision shall be served upon the applicant.

History. Laws 2010, ch. 97, § 1; 2020, ch. 106, § 1.

The 2020 amendment, effective July 1, 2020, in (a), substituted “a facility” for “a wind energy facility.”

§ 18-5-508. Remedies.

1. Any party aggrieved by the final decision of the board of county commissioners may have the decision reviewed by the district court pursuant to Rule 12 of the Wyoming Rules of Appellate Procedure.
2. When a decision is issued after hearing on an application for a permit under this article, the decision is final for purposes of judicial review.

History. Laws 2010, ch. 97, § 1.

§ 18-5-509. Referral.

1. Any board of county commissioners which receives an application to permit a wind energy facility or solar energy facility which does not meet the definition of an industrial facility as defined in W.S. 35-12-102(a)(vii)(E) or (G) may refer the facility to the industrial siting council for additional permitting consistent with the requirements of the Industrial Development Information and Siting Act, W.S. 35-12-101 through 35-12-119 , but the provisions of W.S. 39-15-111 and 39-16-111 shall not apply. A referral shall be made only when a board of county commissioners finds there are potentially significant adverse environmental, social or economic issues which the county board of commissioners does not have the expertise to consider or authority to address.
2. Any facility referred to the industrial siting council under this section may apply to the council for a waiver of permit application pursuant to W.S. 35-12-107 .
3. Upon receiving a referral pursuant to this section and within fifteen (15) days after receipt of the referral, the director of the department of environmental quality may reject the referral by giving written notice of the rejection to the county making the referral and the applicant. No appeal from the decision of the director under this subsection shall be allowed.
4. A referral made pursuant to this section shall not relieve a board of county commissioners from its obligation to consider whether the proposed facility should be permitted under the standards required by this article.
5. A referral made pursuant to this section shall be made no later than thirty (30) days after an application is deemed complete pursuant to W.S. 18-5-505 .

History. Laws 2010, ch. 97, § 1; 2020, ch. 106, § 1.

The 2020 amendment, effective July 1, 2020, in (a) substituted “wind energy facility or solar energy facility” for “wind energy facility,” “an industrial facility” for “a facility,” and “W.S. 35-12-102(a)(vii)(E) or (G)” for “W.S. 35-12-102(a)(vii)”; and in (d) substituted “proposed facility” for “proposed wind energy facility.”

§ 18-5-510. Binding effect.

Upon referral of a facility to the industrial siting council pursuant to W.S. 18-5-509 , the facility shall not be withdrawn from the council’s consideration without consent of the council. Any decision by the council shall be final except as provided in this article or pursuant to the remedies provided to other facilities permitted by the council.

History. Laws 2010, ch. 97, § 1.

§ 18-5-511. Revocation or suspension of permit.

1. A permit may be revoked or suspended for:
   1. Any material false statement in the application or in accompanying statements or studies required of the applicant, if a true statement would have warranted the refusal to grant a permit;
   2. Failure to comply with the terms or conditions of the permit after notice of the failure and reasonable opportunity to correct the failure;
   3. Violation of this article, the rules and regulations adopted pursuant to this article or valid orders of the board of county commissioners or the industrial siting council;
   4. Failure of the proposed facility to receive a required permit from the industrial siting council pursuant to the Industrial Development Information and Siting Act, W.S. 35-12-101 through 35-12-119 ;
   5. Failure of the permitted wind energy facility to:
      1. Transmit electricity created by wind energy for a period of two (2) consecutive years or more;
      2. Maintain land rights necessary to operate the wind energy facility.
   6. Failure of the permitted solar energy facility to maintain land rights necessary to operate the solar energy facility.

History. Laws 2010, ch. 97, § 1; 2020, ch. 106, § 1.

The 2020 amendment, effective July 1, 2020, in (a)(iv) substituted “proposed facility” for “proposed wind energy facility”; and added (a)(vi) and made a related change.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 18-5-512. Penalties for violations.

1. No person shall:
   1. Commence to construct a wind energy facility on or after July 1, 2010 or a solar energy facility on or after July 1, 2020 without first obtaining a permit required by this article;
   2. Construct, reconstruct, operate, locate, erect, maintain, enlarge, change or use a facility, after having first obtained a permit, other than in specific compliance with the permit; or
   3. Cause any of the acts specified in this subsection to occur.
2. Any person violating subsection (a) of this section is liable for a civil penalty of not more than ten thousand dollars ($10,000.00) for each violation. Each day of a continuing violation constitutes a separate offense.
3. Any wind turbine tower, wind generator or portion thereof or any solar energy panel or facility or portion thereof erected in violation of this article shall subject the owner of the tower, generator or solar energy panel or facility to a penalty of seven hundred fifty dollars ($750.00) per day for every tower, generator or solar energy panel or facility so erected.
4. Any penalties collected pursuant to this section shall be paid and credited as provided by W.S. 8-1-109 .

History. Laws 2010, ch. 97, § 1; 2020, ch. 106, § 1.

The 2020 amendment, effective July 1, 2020, in (a)(i) added “or a solar energy facility on or after July 1, 2020” preceding “without first obtaining”; in (a)(ii) substituted “a facility” for “a wind energy facility”; and in (c) substituted “turbine tower, wind generator or portion thereof or any solar energy panel or facility or portion thereof erected” for “turbine tower or wind generator erected,” “owner of the tower, generator or solar energy panel or facility” for “owner of the tower or generator,” and “every tower, generator or solar energy panel or facility” for “every tower or generator.”

§ 18-5-513. Fees.

1. A board of county commissioners which receives an application under this article for the permitting of a facility may charge the applicant a reasonable fee which shall not exceed the reasonably anticipated costs of processing and considering the application and conducting public hearings.
2. The board of county commissioners also may collect a reasonable building permit fee prior to commencement of construction which shall not exceed the reasonably anticipated administrative costs of issuing the building permit and overseeing compliance with permit conditions and requirements.

History. Laws 2010, ch. 97, § 1; 2020, ch. 106, § 1.

The 2020 amendment, effective July 1, 2020, in (a) substituted “a facility” for “a wind energy facility.”

§ 18-6-101. Authority to acquire and dispose of sites generally.

1. Each board of county commissioners may purchase or receive by donation or otherwise a site for a county courthouse, jail or both at the county seat of the county or a site for a county jail at any location within the county, and may erect thereon a suitable courthouse, jail or both if in the county seat, or a suitable jail if not located in the county seat. If such a building is to replace one presently in use the board may sell the building to be replaced.
2. If a courthouse or jail to be replaced is sold it shall be sold at public auction to the highest bidder for cash or on terms of payment as determined by the board and in case of deferred payments, security is required satisfactory to the board. No sale shall occur until public notice has been given by posting on the county’s official website in the manner provided in W.S. 18-3-516(f) and by publishing in the county’s designated official newspaper once a week for two (2) weeks. The notice shall specify the time, place and terms of sale. All proceeds of the sale shall be paid into the county treasury and only expended for a site or toward the erection of a new building to replace the one sold.

History. Laws 1895, ch. 22, §§ 1, 2; R.S. 1899, §§ 1026, 1027; C.S. 1910, §§ 1079, 1080; C.S. 1920, §§ 1312, 1313; R.S. 1931, §§ 29-402, 29-403; C.S. 1945, §§ 26-401, 26-402; W.S. 1957, §§ 18-290, 18-291; Laws 1977, ch. 124, § 1; 2000, ch. 38, § 1; 2014, ch. 85, § 1.

The 2014 amendment, in (b), deleted “such” following “cash or on” in the first sentence and substituted “given by posting on the county's official website in the manner provided in W.S. 18-3-516(f) and by publishing in the county's designated official newspaper once a week for two (2) weeks” for “given in some news paper published and of general circulation in the county once a week for four (4) weeks” in the second sentence.

Editor's notes. —

Section 1, ch. 66, C.L. 1876, provided as follows: “That there be established and kept in every organized county of this territory, by the board of county commissioners at the expense of the county, as hereinafter provided, a jail for the safekeeping of prisoners lawfully committed.”

This section was omitted from the 1899 compilation and all subsequent statutes. The section seems never to have been repealed and has not been specifically superseded; consequently, it is herein set out as a note in order to make it available.

Am. Jur. 2d, ALR and C.J.S. references. —

Power of county as to lease or sublease of property owned or leased by it, 47 ALR3d 19.

§ 18-6-201. Construction of jails; authority of county commissioners; plans and specifications; maximum cost permitted; call for bids; limitations applicable only when costs paid from general fund.

1. Whenever the board of county commissioners deems it in the best interest of the county to have a jail constructed they shall cause plans and specifications for a jail to be prepared by a competent architect. After the plans and specifications are prepared, reviewed and critiqued by the sheriff and adopted by the board of county commissioners they shall deposit them in the office of the county clerk for the county where they shall be available for the inspection of all persons. The board of county commissioners shall give notice that they will receive sealed proposals for the building of the jail according to the plans and specifications by posting on the county’s official website in the manner provided in W.S. 18-3-516(f) and by publication in the county’s designated official newspaper once each week for two (2) consecutive weeks. The notices shall state that the commissioners will until a specified day not less than thirty (30) days from publication of the last notice receive sealed proposals for the building of all or part of the jail. Proposals shall be delivered to the county clerk.
2. This section applies only if the cost of the construction of the jail is to be paid from the general fund of the county. If bonds are to be issued pursuant to W.S. 18-4-302 then the above limitations shall not apply.
3. Subsection (a) of this section does not apply to any jail construction project using an alternate design and construction delivery method as defined in W.S. 16-6-701 .

History. C.L. 1876, ch. 66, § 16; R.S. 1887, § 1381; R.S. 1899, § 1037; C.S. 1910, § 1081; Laws 1911, ch. 105, § 1; C.S. 1920, § 1314; R.S. 1931, § 29-404; C.S. 1945, § 26-415; W.S. 1957, § 18-292; Laws 1965, ch. 2, § 2; 1977, ch. 124, § 1; 1995, ch. 122, § 2; 2006, ch. 98, § 2; 2014, ch. 85, § 1.

The 2006 amendment, effective July 1, 2006, added (c).

The 2014 amendment, substituted “by posting on the county's official website in the manner provided in W.S. 18-3-516(f) and by publication in the county's designated official newspaper once each week for two (2) consecutive weeks” for “by publication in a newspaper once each week for four (4) consecutive weeks in any newspaper of general circulation within the county” in the third sentence and inserted “last” preceding “notice receive” in the fourth sentence.

Stated in

W.A.R.M. v. Bonds, 866 P.2d 1291, 1994 Wyo. LEXIS 4 (Wyo. 1994).

Law reviews. —

For comment, “Competitive Bidding on Public Works in Wyoming: Determination of Responsibility and Preference,” see XI Land & Water L. Rev. 243 (1976).

Am. Jur. 2d, ALR and C.J.S. references. —

Standing of disappointed bidder on public contract to seek damages under 42 U.S.C. § 1983 for public authorities' alleged violation of bidding procedures, 86 ALR Fed 904.

§ 18-6-202. Construction of jails; opening of bids or proposals; awarding of contract; security for completion; payment; exemption for alternate delivery methods.

1. On the day appointed for opening the bids the county commissioners shall open and declare the same in public and shall award the contract or contracts to the lowest bidder.
2. The bids shall be accompanied by a bid bond or other form of bid guarantee satisfactory to the board in an amount equal to ten percent (10%) of the aggregate amount of the bid. Before the contract is executed the successful bidder shall furnish to the board a performance and payment bond or other form of surety satisfactory to the board, in an amount equal to one hundred percent (100%) of the contract price. All bonds provided pursuant to this section shall be executed by a surety company authorized to do business in the state of Wyoming.
3. Repealed by Laws 1995, ch. 122, § 3.
4. Subsections (a) and (b) of this section do not apply to any jail construction project using an alternate design and construction delivery method as defined in W.S. 16-6-701 .

History. C.L. 1876, ch. 66, §§ 17 to 19; R.S. 1887, §§ 1382 to 1384; 1899, §§ 1038 to 1040; C.S. 1910, §§ 1082, 1084; C.S. 1920, §§ 1315 to 1317; R.S. 1931, §§ 29-405 to 29-407; C.S. 1945, §§ 26-416 to 26-418; W.S. 1957, §§ 18-293 to 18-295; Laws 1977, ch. 124, § 1; 1995, ch. 122, § 3; 2003, ch. 128, § 1; 2006, ch. 98, § 2.

The 2006 amendment, effective July 1, 2006, added (d).

Am. Jur. 2d, ALR and C.J.S. references. —

Right of bidder for state or municipal contract to rescind bid on ground that bid was based upon his own mistake or that of his employee, 52 ALR2d 792, 2 ALR4th 991.

§ 18-6-301. [Repealed.]

Repealed by Laws 1995, ch. 122, § 3.

Editor's notes. —

This section, which derived from C.L. 1876, ch. 66, § 2, related to the grand jury's duty to inspect jails and the commissioners duty to repair.

§ 18-6-302. Jail to be kept by sheriff; manner in which prisoners to be kept.

1. The county sheriff or his deputy shall keep and maintain the jail in a safe and secure manner and is responsible for its operation.
2. Repealed by Laws 1995, ch. 122, § 3.

History. C.L. 1876, ch. 66, § 3; Laws 1879, ch. 49, § 1; R.S. 1887, § 1368; R.S. 1899, § 1042; C.S. 1910, § 1086; C.S. 1920, § 1319; R.S. 1931, § 29-409; C.S. 1945, § 26-404; W.S. 1957, § 18-298; Laws 1977, ch. 124, § 1; 1995, ch. 122, §§ 2, 3.

Cross references. —

For another provision as to duty of sheriff as custodian of jail and prisoners, see § 18-3-603 .

As to treatment of prisoners for venereal disease, see § 35-4-134 .

Stated in

W.A.R.M. v. Bonds, 866 P.2d 1291, 1994 Wyo. LEXIS 4 (Wyo. 1994).

§ 18-6-303. Care of prisoners; audit of expenses.

1. Repealed by Laws 1995, ch. 122, § 3.
2. The sheriff shall arrange for the administration of medical care reasonably required by prisoners committed to his custody.
3. The county commissioners shall pay for reasonable and necessary medical care for:
   1. Injuries incurred by a prisoner:
      1. While in custody if the injuries are the proximate result of negligent or intentionally tortious acts committed by the sheriff or a member of his staff;
      2. During an arrest by the sheriff or a member of his staff for commission of a crime, provided the injuries were not incurred while unlawfully resisting arrest;
      3. While on work release or when performing duties assigned by the sheriff or a member of his staff.
   2. Any infectious, contagious or communicable disease which the prisoner contracts while he is in custody; or
   3. Medical examinations required by law or court order unless the order otherwise provides.
4. Unless indigent, a prisoner shall pay the cost of medical treatment for:
   1. Injuries incurred by that prisoner:
      1. While in custody if the injuries are not the proximate result of negligent or intentionally tortious acts committed by the sheriff or a member of his staff;
      2. During the commission of a crime; and
      3. While unlawfully resisting arrest or attempting to avoid an arrest.
   2. Self-inflicted injuries;
   3. Pre-custodial injuries or illness;
   4. Pre-custodial dental conditions; and
   5. Any other injuries not covered under subsection (c) of this section.
5. A health care provider furnishing treatment to a prisoner for which the prisoner is liable for payment shall attempt to collect the cost of the treatment from the prisoner or his insurance carrier. If the provider is unable to collect the cost after making reasonable efforts to secure collection, and the provider certifies by affidavit to the board of county commissioners that it is unable to collect the cost of medical treatment, the board of county commissioners, following payment, may initiate proceedings to collect from the prisoner any amounts so paid.
6. The sheriff may require a nonindigent prisoner to pay for any medical treatment under subsection (d) of this section, including any voluntary or involuntary mental health evaluation. Necessary medical treatment shall not be denied based upon a prisoner’s inability to pay.

History. C.L. 1876, ch. 66, §§ 3, 6; Laws 1879, ch. 49, § 1; R.S. 1887, §§ 1368, 1371; R.S. 1899, §§ 1042, 1045; C.S. 1910, §§ 1086, 1089; C.S. 1920, §§ 1319, 1322; R.S. 1931, §§ 29-409, 29-412; C.S. 1945, §§ 26-404, 26-407; W.S. 1957, §§ 18-298, 18-299; Laws 1977, ch. 124, § 1; 1986, ch. 29, § 1; 1991, ch. 216, § 1; 1995, ch. 122, §§ 2, 3.

“Necessary medical attendance” not emergency care only. —

The words “necessary medical attendance” are not ambiguous and do not mean emergency care only; the determination of what is “necessary medical attendance” is one of fact and may vary from case to case. Board of County Comm'rs v. Memorial Hosp., 682 P.2d 334, 1984 Wyo. LEXIS 299 (Wyo. 1984) (decided prior to 1986 amendment).

Sheriff liable for neglect of inmates medical needs. —

Inmates were granted summary judgment in their Eighth and Fourteenth Amendment claims against county sheriff and county prison board. The sheriff was a policymaker under Wyo. Stat. Ann. § 18-6-303(b) for whom municipal liability attached under 42 U.S.C.S. § 1983, and the facts established that the sheriff was deliberately indifferent to the inmates' serious medical needs where the inmates housed in the county jail faced an objectively intolerable risk of serious injury due to deficiencies in the jail's medical record-keeping system. Ginest v. Bd. of County Comm'rs, 333 F. Supp. 2d 1190, 2004 U.S. Dist. LEXIS 16956 (D. Wyo. 2004).

Quoted in

Van Riper v. Odekoven, 2001 WY 58, 26 P.3d 325, 2001 Wyo. LEXIS 69 (Wyo. 2001).

Stated in

W.A.R.M. v. Bonds, 866 P.2d 1291, 1994 Wyo. LEXIS 4 (Wyo. 1994).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of prison authorities for injury to prisoner directly caused by assault by other prisoner, 41 ALR3d 1021.

Civil liability of prison or jail authorities for self-inflicted injury or death of prisoner, 79 ALR3d 1210.

§ 18-6-304. [Repealed.]

Repealed by Laws 1991, ch. 216, § 2.

Editor's notes. —

This section, which derived from C.L. 1876, ch. 66, § 7, related to the sheriff inspecting and causing the jail to be clean.

§ 18-6-305. Care of United States prisoners; disposition of monies collected.

Every sheriff or keeper of a jail to which any prisoner is committed by any marshal or other officer of the United States shall be responsible for the safekeeping of the prisoner according to the terms of the commitment. The money paid by the United States for the use of jails shall be credited to the general fund of the county wherein the jail is situated.

History. C.L. 1876, ch. 66, § 10; R.S. 1887, § 1375; R.S. 1899, § 1049; C.S. 1910, § 1093; C.S. 1920, § 1326; R.S. 1931, § 29-414; C.S. 1945, § 26-409; W.S. 1957, § 18-301; Laws 1977, ch. 124, § 1.

§ 18-6-306. Care of prisoners arrested by state trooper and other special officers.

1. Every sheriff or keeper of any jail shall provide space if available for holding any persons arrested by a state trooper or other special officer of the state lawfully entitled to make arrests, prior to their trial and final commitment or release subject to the order of the court having jurisdiction.
2. Every sheriff or keeper of a jail to which any persons may be committed by any state trooper or other special officer of the state shall be responsible for the safekeeping of such persons according to the terms of such commitment.

History. Laws 1953, ch. 177, § 1; W.S. 1957, § 18-302; Laws 1977, ch. 124, § 1; 1999, ch. 3, § 1.

§ 18-6-307. Removal of prisoners in case of fire.

Whenever any jail is on fire or any building contiguous or near a jail is on fire and there is reason to believe that the prisoners confined in the jail may be injured or endangered, the sheriff or keeper of the jail may remove the prisoners to some safe and convenient place and confine them as long as necessary to avoid such danger, or if the jail is destroyed, until some other place is provided by the county commissioners for their safekeeping.

History. C.L. 1876, ch. 66, § 11; R.S. 1887, § 1376; R.S. 1899, § 1050; C.S. 1910, § 1094; C.S. 1920, § 1327; R.S. 1931, § 29-415; C.S. 1945, § 26-410; W.S. 1957, § 18-303; Laws 1977, ch. 124, § 1.

§ 18-6-308. Sheriff and prisoners not subject to arrest when traveling.

Any sheriff or other officer who has arrested any prisoner may pass through any county that is in the ordinary route of travel from the place where the prisoner was arrested to the place where he is to be delivered. The prisoner and the officers having custody are immune from the service of civil process while passing through the county.

History. C.L. 1876, ch. 66, § 12; R.S. 1887, § 1377; R.S. 1899, § 1051; C.S. 1910, § 1095; C.S. 1920, § 1328; R.S. 1931, § 29-416; C.S. 1945, § 26-411; W.S. 1957, § 18-304; Laws 1977, ch. 124, § 1; 1995, ch. 122, § 2.

§ 18-6-309. [Repealed.]

Repealed by Laws 1994, ch. 20, § 2.

Editor's notes. —

This section, which derived from C.L. 1876, ch. 66, § 13, related to solitary confinement of prisoners.

§ 18-6-310. Juvenile prisoners.

1. Repealed by Laws 2012, ch. 98, § 2.
2. Juvenile prisoners shall be kept separate from adult prisoners.

History. C.L. 1876, ch. 66, § 14; R.S. 1887, § 1379; R.S. 1899, § 1053; C.S. 1910, § 1097; C.S. 1920, § 1330; R.S. 1931, § 29-418; C.S. 1945, § 26-413; W.S. 1957, § 18-306; Laws 1977, ch. 124, § 1; 1991, ch. 216, § 1; 1993, ch. 210, § 2; 1995, ch. 160, § 1; 2010, ch. 69, § 203; 2012, ch. 98, § 2.

The 2010 amendment, effective July 1, 2010, in (b), deleted “Effective July 1, 1997” at the beginning of (b)..

The 2012 amendment, repealed former (a), which read: “Subject to subsection (b) of this section, juvenile prisoners whenever practicable shall be kept separate from adult prisoners. Visits of parents shall be permitted at reasonable hours.”

Laws 2012, ch. 98 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2012.

§ 18-6-311. Custody and safekeeping of documents relating to prisoners.

All instruments, writs, process of any kind, or attested copies thereof by which any prisoner is committed or released shall be endorsed and filed in some suitable place and all such documents shall be delivered to the successor of the officer having charge of the prisoner or succeeding to the office of sheriff.

History. C.L. 1876, ch. 66, § 5; R.S. 1887, § 1370; R.S. 1899, § 1044; C.S. 1910, § 1088; C.S. 1920, § 1321; R.S. 1931, § 29-411; C.S. 1945, § 26-406; W.S. 1957, § 18-307; Laws 1977, ch. 124, § 1.

§ 18-6-312. Jail register to be kept; information to be shown.

1. The sheriff or other officer performing the duties of sheriff shall maintain adequate records relating to the safety, health and welfare of all prisoners.
   1. through (v) Repealed by Laws 1995, ch. 122, §§ 2, 3.

History. C.L. 1876, ch. 66, § 15; R.S. 1887, § 1380; R.S. 1899, § 1054; C.S. 1910, § 1098; C.S. 1920, § 1331; R.S. 1931, § 29-419; C.S. 1945, § 26-414; W.S. 1957, § 18-308; Laws 1977, ch. 124, § 1; 1995, ch. 122, §§ 2, 3.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 18-6-313. Restrictions on jail expenses.

Nothing in W.S. 18-6-201 or 18-6-202 or 18-6-302 through 18-6-305 or 18-6-307 through 18-6-312 shall be construed as authorizing any board of county commissioners to give extra compensation to the county sheriff for performing the duties specified therein, or of incurring any expense on behalf of the county without the written authority of the board of county commissioners except as specifically provided.

History. Laws 1879, ch. 49, § 2; R.S. 1887, § 1369; R.S. 1899, § 1043; C.S. 1910, § 1087; C.S. 1920, § 1320; R.S. 1931, § 29-410; C.S. 1945, § 26-405; W.S. 1957, § 18-297; Laws 1977, ch. 124, § 1; 2004, ch. 130, § 1.

The 2004 amendment substituted “18-6-302” for “18-6-301.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 18-6-314. Contract placement of jail prisoners.

Subject to approval by the board of county commissioners and to the availability of funds, the sheriff may contract with a community correctional facility operated under the Adult Community Corrections Act for the housing of prisoners confined in the county jail in accordance with law for conviction of a misdemeanor. The contract shall ensure that the rights and privileges of prisoners housed in a community correctional facility under this section are not more restricted than those otherwise housed in the county jail.

History. Laws 1991, ch. 89, § 1.

Cross references. —

For the provisions relating to the Adult Community Corrections Act, see §§ 7-18-101 and 7-18-102(a)(ix).

§ 18-6-315. Prisoners not deemed to be in solitary confinement.

A prisoner shall not be considered to be held in solitary confinement solely because he is the only prisoner in the jail.

History. Laws 1994, ch. 20, § 1.

§ 18-6-316. Contract for housing municipal prisoners.

Subject to approval by the board of county commissioners, the sheriff may contract with any municipality in Wyoming for the housing of prisoners charged or sentenced for municipal ordinance violations in the county jail.

History. Laws 1995, ch. 122, § 1.

18-6-317. Contract for housing out-of-state prisoners; general conditions.

1. Subject to approval by the board of county commissioners and the provisions of this section, the sheriff may contract with any other state or governmental entity within another state for the housing of prisoners in the county jail. The sheriff or keeper of a jail to which any out-of-state prisoner is housed shall be responsible for the safekeeping of the out-of-state prisoner according to the terms of the contract. Funds paid by any other state or governmental entity within another state for the use of a county jail shall be credited to the general fund of the county wherein the jail is situated.
2. A contract to house out-of-state prisoners shall:
   1. Not impact the ability of the county to house county prisoners;
   2. Not include housing prisoners who have been convicted of an offense which, if committed in Wyoming, could result in incarceration in a state penal institution;
   3. Not require services be provided to prisoners under the contract which the jail does not currently provide;
   4. Provide flexibility to the sheriff to reject or return prisoners to the state of origin if:
      1. The jail has reached or is near capacity;
      2. The sheriff determines that the prisoner is a security or safety risk to jail staff or other prisoners.

History. Laws 2017, ch. 21, § 1.

Effective dates. —

Laws 2017, ch. 21, § 2, makes the act effective July 1, 2017.

§ 18-7-101. Prerequisites to appropriate money for establishment and maintenance of library; payment of expenses.

When the board of county commissioners has received sufficient guarantees whether in the forms of conveyances or bonds of citizens, associations or corporations that a suitable place will be permanently furnished for the operation and use of a public library, it shall annually provide through property tax or otherwise for the establishment and maintenance of a public library at the county seat of the county. Whenever suitable library quarters are acquired, the county library board of directors may expend the revenue budgeted for the maintenance and operation of the county library and the county library system.

History. Laws 1886, ch. 10, § 1; R.S. 1887, § 684; R.S. 1899, § 1019; Laws 1901, ch. 72, § 1; 1907, ch. 45, § 1; C.S. 1910, § 1316; C.S. 1920, § 1563; R.S. 1931, § 29-901; C.S. 1945, § 26-601; Laws 1947, ch. 25, § 1; W.S. 1957, § 18-309; Laws 1961, ch. 32, § 1; 1967, ch. 160, § 1; 1977, ch. 124, § 1; 1982, ch. 22, § 1.

Property of association. —

A library organized under the provisions of this article, including the building and books, belonged to a library association; and when a new county was carved out of the original county, the building and books belonged to the association and were not to be considered as assets in apportioning the indebtedness between the counties. Board of Comm'rs v. Board of Comm'rs, 25 Wyo. 172, 166 P. 674, 1917 Wyo. LEXIS 18 (Wyo. 1917).

Law reviews. —

See “Administration of the General Property Tax in Wyoming,” 4 Wyo. L.J. 227 (1950).

§ 18-7-102. Manner of levying and collecting tax; library fund.

The county library tax shall be levied and collected as other county taxes and the money collected shall be set apart as the county library fund. Nothing herein shall be construed to authorize any levy in excess of those authorized by law.

History. Laws 1886, ch. 10, § 2; R.S. 1887, § 685; R.S. 1899, § 1020; Laws 1907, ch. 45, § 2; C.S. 1910, § 1317; C.S. 1920, § 1564; R.S. 1931, § 29-902; C.S. 1945, § 26-602; W.S. 1957, § 18-310; Laws 1961, ch. 32, § 2; 1977, ch. 124, § 1.

§ 18-7-103. Library fund under control of board of directors; appointment, powers, duties, terms of directors; manner of filling vacancies on board.

1. The control, use and disposition of the county library fund is entrusted to the county library board of directors which shall budget and expend the fund for the maintenance, operation and promotion of the county library and county library system in order to carry out the informational, educational, cultural and recreational role of the county library.
2. The county library board of directors shall be appointed by the county commissioners and shall be composed of not less than three (3) and not more than five (5) competent and responsible residents who are representative of the entire county and who shall serve without compensation. Before entering upon his duties the treasurer of the county library board shall execute and deposit with the county commissioners a good and sufficient bond for the faithful performance of his duties in an amount required by the county commissioners. The bond shall be payable to the people of the state of Wyoming and be approved by the county commissioners. One (1) director shall be appointed for one (1) year, one (1) director (or two (2) if the board consists of four (4) or five (5) members) shall be appointed for two (2) years, and one (1) director (or two (2), if the board consists of five (5) directors) shall be appointed for three (3) years, each term to commence on July 1 following the appointment. Thereafter the county commissioners shall before July 1 of each year appoint a director or directors to replace the retiring director or directors for a term of three (3) years and until a successor is appointed. A director may be appointed for two (2) consecutive terms and shall not be eligible for reappointment until two (2) years after the expiration of his second term.
3. The county commissioners may remove any director for misconduct or neglect of duty. Vacancies on the board of directors shall be filled by the county commissioners for the balance of the unexpired term created by the vacancy.

History. Laws 1886, ch. 10, § 3; R.S. 1887, § 686; Laws 1899, ch. 46, § 1; R.S. 1899, § 1021; Laws 1907, ch. 45, § 3; C.S. 1910, § 1318; C.S. 1920, § 1565; R.S. 1931, § 29-903; C.S. 1945, § 26-603; W.S. 1957, § 18-311; Laws 1961, ch. 32, § 3; 1977, ch. 124, § 1; 1982, ch. 19, § 1.

Cited in

Board of Comm'rs v. Board of Comm'rs, 25 Wyo. 172, 166 P. 674, 1917 Wyo. LEXIS 18 (1917).

§ 18-7-104. Authority of board to receive and dispose of property; appointment of librarian; library staff.

The library board of directors may receive and be responsible for real estate, money or other property to aid the establishment, maintenance or operation of the county library system. If received as a donation, they shall carefully observe as the trustee the conditions accompanying every such gift. When the board of directors determines it is in the best interests of the county library and in keeping with the purpose of the donor, it may with the approval of the board of county commissioners sell, exchange or otherwise dispose of such real estate or other property. The board of directors shall appoint a competent librarian who with the approval of the board of directors shall appoint a library staff. The duties and compensation of the staff shall be determined by the board.

History. Laws 1886, ch. 10, § 4; R.S. 1887, § 687; R.S. 1899, § 1022; Laws 1907, ch. 45, § 4; C.S. 1910, § 1319; C.S. 1920, § 1566; R.S. 1931, § 29-904; C.S. 1945, § 26-604; W.S. 1957, § 18-312; Laws 1961, ch. 32, § 4; 1965, ch. 23, § 1; 1977, ch. 124, § 1.

Cited in

Board of Comm'rs v. Board of Comm'rs, 25 Wyo. 172, 166 P. 674, 1917 Wyo. LEXIS 18 (1917).

§ 18-7-105. Organization of board; rules and regulations; filing of certificate of organization; incorporation; recovery of library materials; establishment of branch libraries; cooperative library service.

1. Every library board of directors shall elect a chairman and other officers as necessary and shall prescribe rules and regulations for the establishment, organization, operation and use of the county library and library system. The board shall enforce such rules and regulations in any court of competent jurisdiction. As soon as the board is organized they shall file with the county clerk and with the secretary of state a certificate showing their organization, for which no filing fee or charge shall be paid.
2. Upon filing of the certificate the board of directors is a body corporate, with power to sue and be sued under the name on file with the secretary of state.
3. No member of the board of directors is personally liable for any action or procedure of the board. The corporation has perpetual existence and it is not necessary to file any other or further certificate than that filed upon the original organization of the board of directors. Every library established and maintained under the provisions of W.S. 18-7-101 through 18-7-106 is free to all residents of the county on the condition that such persons comply with rules and regulations of the library as prescribed by the board of directors. Holders of library cards are responsible for all library materials borrowed on such cards. Whenever library materials are lost, destroyed or taken from the library and not returned the library board may institute proceedings in any court of competent jurisdiction to recover the materials or the value thereof. The library board may establish and maintain branch libraries, stations and other library services and facilities.
4. Two (2) or more county library boards may contract to establish a federation of the libraries under their jurisdiction for the purpose of providing cooperative library services. Contracts shall be written, signed by the members of the contracting library boards and are binding upon the contracting library boards and their successors. The participating libraries may reserve the right to terminate the contracts by mutual agreement upon ninety (90) days written notice given to each contracting library board.

History. Laws 1886, ch. 10, § 5; R.S. 1887, § 688; R.S. 1899, § 1023; Laws 1907, ch. 45, § 5; C.S. 1910, § 1320; C.S. 1920, § 1567; Laws 1921, ch. 25, § 1; R.S. 1931, § 29-906; C.S. 1945, § 26-605; W.S. 1957, § 18-313; Laws 1961, ch. 32, § 5; 1965, ch. 23, § 2; 1977, ch. 124, § 1; 2005, ch. 210, § 2.

The 2005 amendment, effective July 1, 2005, in (b), substituted “on file with the secretary of state” for “of ‘Board of Directors of the County Library of . . . . . County’, or the board by resolution filed as provided for filing of certificate of organization, may designate itself as ‘Board of Directors of Carnegie Public Library of . . . . . County.’”

Cited in

Board of Comm'rs v. Board of Comm'rs, 25 Wyo. 172, 166 P. 674, 1917 Wyo. LEXIS 18 (1917).

§ 18-7-106. Directors to keep records and make annual report.

Each library board of directors shall keep a record of all its proceedings, file in the library all vouchers for expenditures, and after the close of the fiscal year submit an annual financial, statistical and operational report to the county commissioners and to the Wyoming state library. Whenever practical the annual report shall contain information and data requested or required by the county commissioners and the Wyoming state library.

History. Laws 1886, ch. 10, § 6; R.S. 1887, § 689; R.S. 1899, § 1024; Laws 1907, ch. 45, § 6; C.S. 1910, § 1321; C.S. 1920, § 1568; R.S. 1931, § 29-907; C.S. 1945, § 26-606; W.S. 1957, § 18-314; Laws 1961, ch. 32, § 6; 1977, ch. 124, § 1.

Cited in

Board of Comm'rs v. Board of Comm'rs, 25 Wyo. 172, 166 P. 674, 1917 Wyo. LEXIS 18 (1917).

§ 18-7-201. Wyoming public library endowment challenge program.

The Wyoming public library endowment challenge program is created.

History. Laws 2008, ch. 72, § 1.

Effective dates. —

Laws 2008, ch. 72, § 3, makes the act effective July 1, 2008.

§ 18-7-202. Definitions.

1. As used in this article:
   1. “Challenge fund” means the public library endowment challenge fund created under this article;
   2. “Endowment gift” means an irrevocable gift or transfer to a Wyoming public library foundation of money or other property, whether real, personal, tangible or intangible, and whether or not the donor or transferor retains an interest in the property, where the gift of the foundation’s interest in the property is required to be used by the foundation exclusively for endowment purposes, where:
      1. The gift was received or the transfer occurred during the period July 1, 2008, through June 30, 2022; or
      2. A commitment to make the gift or transfer was made in writing to the respective public library foundation, which commitment was received during the period July 1, 2008, through June 30, 2022, and the gift was received or the transfer occurred not later than December 31, 2023.
   3. “Foundation” means an organization established for each public library that among other purposes, exists to generate additional revenues for public library programs and activities;
   4. “Match” means the level of funds the state treasurer will provide to each public library foundation, where:
      1. The amount disbursed by the state treasurer will be three (3) times the amount raised by the library foundation of any of the following counties: Albany, Big Horn, Hot Springs, Platte, Crook, Weston, Washakie, Goshen and Niobrara;
      2. The amount disbursed by the state treasurer will be two (2) times the amount raised by the library foundation of any of the following counties: Johnson, Lincoln, Carbon, Uinta, Laramie, Park, Sheridan and Converse;
      3. The amount disbursed by the state treasurer will be equal to the amount raised by the library foundation of any of the following counties: Campbell, Sublette, Sweetwater, Fremont, Natrona and Teton.
   5. “Permanent endowment funds managed by a Wyoming public library foundation” means the endowment funds that are invested by the respective Wyoming public library foundation on a permanent basis and the earnings on those investments are dedicated to be expended exclusively to benefit and promote the mission, operation or any program or activity of the respective public library, including but not limited to augmentation of collections, programs and projects, capital improvements, increases to the corpus of the endowment and defraying reasonable costs of endowment administration.

History. Laws 2008, ch. 72, § 1; 2013, ch. 70, § 1; 2015, ch. 104, § 1.

The 2013 amendment, substituted “2017” for “2013” in (a)(ii)(A); and substituted “2017” for “2013,” and substituted “2019” for “2015.”

Laws 2013, ch. 70, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo Const. Approved February 19, 2013.

The 2015 amendment, in (a)(ii), substituted “through June 30, 2022” for “through June 30, 2017” in (a)(ii)(A) and (a)(ii)(B); in (a)(ii)(B), substituted “December 31, 2023” for “December 31, 2018.”

Laws 2015, ch. 104, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

Effective dates. —

Laws 2008, ch. 72, § 3, makes the act effective July 1, 2008.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 18-7-203. Wyoming public library endowment challenge fund.

1. The Wyoming public library endowment challenge fund is created and shall consist of twenty-three (23) separate accounts, one (1) account for each Wyoming public library established pursuant to W.S. 18-7-101 .
2. The state treasurer shall invest funds within the fund created under subsection (a) of this section and shall deposit the earnings from fund investments to the general fund.

History. Laws 2008, ch. 72, § 1.

Effective dates. —

Laws 2008, ch. 72, § 3, makes the act effective July 1, 2008.

§ 18-7-204. Endowment challenge fund matching program; matching payments; agreements with foundations; annual reports.

1. To the extent funds are available in the separate account of any public library within the endowment challenge fund, the state treasurer shall match endowment gifts actually received by that public library’s foundation. A match shall be paid under this subsection by the state treasurer at the time any accumulated amounts actually received by a public library foundation total ten thousand dollars ($10,000.00) or more. The match shall be made by transferring from the separate challenge fund account to the appropriate public library a match amount calculated as provided by W.S. 18-7-202(a)(iv). The recipient public library shall immediately transfer matching funds received under this subsection to the public library foundation.
2. Each public library shall enter into an agreement with its foundation under which the foundation shall manage the matching funds received under subsection (a) of this section and under W.S. 18-7-205 in the same manner as other permanent endowment funds are managed by its foundation, including the permanent investment of funds, maintenance of the fund corpus as inviolate and the expenditure of fund earnings for endowment purposes only.
3. Earnings from endowment funds established with matching funds under this section, and funds received under W.S. 18-7-205 , shall be expended only for the purpose of the endowment, including increasing the balance in the fund corpus and reasonable costs of administration.
4. The state treasurer shall make transfers to the appropriate public library under this section not later than the end of the calendar quarter following the quarter during which foundation gifts total at least ten thousand dollars ($10,000.00). If gifts are made through a series of payments or transfers, no matching funds shall be transferred under this section until the total value of all payments or transfers actually received totals at least ten thousand dollars ($10,000.00).
5. Except as provided under subsection (j) of this section, matching funds transferred under this article shall not be distributed to or encumbered by any public library foundation in excess of the amount in the challenge fund account for that library. Except to the extent authorized under subsection (j) of this section, matching funds shall not be transferred to any public library by the state treasurer except to match gifts actually received by its foundation.
6. If any public library board determines that the purpose of an endowment gift to the public library’s foundation is not consistent with the mission or capability of that library, the gift shall not qualify for matching funds under this section.
7. For the purpose of computing the matching amount, the state treasurer shall use the value of an endowment gift based upon its fair market value at the time the gift is received by the public library foundation. The public library shall provide evidence of fair market value for any gift if requested by the state treasurer and shall fund the cost of providing any requested evidence.
8. Each public library shall on or before October 1 of each year, submit a report to the state treasurer from its foundation on the endowment matching program under this section for the preceding fiscal year. The report shall include a summary of funds raised under this program and the expenditure of endowment earnings. The report required under this subsection shall be for each applicable fiscal year through June 30, 2024.
9. Notwithstanding subsection (e) of this section, matching funds may be distributed to or encumbered by a public library foundation in excess of the amount within the challenge fund account of that public library if:
   1. Endowment gifts for that public library exceed the amount within its challenge fund account;
   2. The public library enters into a written agreement with another public library having unencumbered amounts remaining within its challenge fund account;
   3. The public library with unencumbered amounts within its account agrees to transfer any portion of its unencumbered amount to that public library;
   4. Matching funds transferred by the state treasurer for amounts transferred between public libraries pursuant to this subsection shall be divided equally between the public libraries participating in the agreement.

History. Laws 2008, ch. 72, § 1; 2013, ch. 70, § 1; 2015, ch. 104, § 1.

The 2013 amendment, substituted “2019” for “2015” in (h).

Laws 2013, ch. 70, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo Const. Approved February 19, 2013.

The 2015 amendment, in (e), added the exception at the beginning of the first and second sentences; in (h), substituted “June 30, 2024” for “June 30, 2019”; added (j); and made related changes.

Laws 2015, ch. 104, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

Effective dates. —

Laws 2008, ch. 72, § 3, makes the act effective July 1, 2008.

§ 18-7-205. Additional transfer of funds.

1. In addition to the transfer of matching funds authorized under W.S. 18-7-204 , when the state treasurer determines that the cumulative amount of endowment gifts received by all twenty-three (23) of the public library foundations has reached two million three hundred thousand dollars ($2,300,000.00), the treasurer shall transfer to each of the public libraries, from its separate challenge fund account, the amount of one hundred thousand dollars ($100,000.00) or the amount of the balance remaining in the library’s challenge fund account, whichever is less.
2. A library receiving funds under this section shall immediately transfer the funds to its public library foundation.

History. Laws 2008, ch. 72, § 1.

Effective dates. —

Laws 2008, ch. 72, § 3, makes the act effective July 1, 2008.

§ 18-8-101. Definitions.

1. As used in W.S. 18-8-102 through 18-8-109 the words:
   1. “County hospital” and “county memorial hospital” mean any institution, place, building or agency in which any accommodation is maintained, furnished or offered for the hospitalization of the sick, injured or care of any person requiring or receiving chronic or convalescent care, including public health centers, community mental health centers and other types of hospitals and centers including but not limited to general, tuberculosis, mental and chronic disease hospitals, medical facilities and related facilities;
   2. “Medical facilities” includes but is not limited to diagnostic or treatment centers, rehabilitation facilities and nursing homes, as those terms are defined in the federal act Public Law 482, 83 congress, July 12, 1954, (C. 471, sec. 4(c)–(f), 68 Stat. 465-466);
   3. “Related facilities” means but is not limited to laboratories, outpatient departments, nurses homes, nurses training facilities and central service facilities operated in connection with hospitals, but does not include any facility furnishing primarily domiciliary care.

History. Laws 1967, ch. 116, § 1; 1977, ch. 124, § 1; 2010, ch. 82, § 1; 2018, ch. 108, § 1.

The 2010 amendment, substituted “18-8-109” for “18-8-108” in the introductory language of (a).

Laws 2010, ch. 82, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2010.

The 2018 amendment, effective July 1, 2018, in (a)(ii), deleted “(42 U.S.C., § 291i)” at the end.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

The version of 42 U.S.C. § 29li, referred to in paragraph (a)(ii) above, was omitted by Act, Aug. 18, 1964, P.L. 88-443, 78 Stat. 447.

Cited in

Bd. of County Comm'rs v. Geringer, 297 F.3d 1108, 2002 U.S. App. LEXIS 15353 (10th Cir. 2002).

§ 18-8-102. Prerequisites to appointment of board of trustees; indebtedness authorized for construction; annual tax levy for maintenance.

1. When the board of county commissioners has received sufficient guaranties that not less than fifteen thousand dollars ($15,000.00) is available for constructing, acquiring or equipping a county hospital, wing or portion of a building suitable for operation of a county hospital so arranged as to be capable of future enlargement, or where a county has acquired a hospital valued at not less than twenty-five thousand dollars ($25,000.00), it shall appoint a nonpartisan board of trustees of the hospital, none of which shall be a county commissioner or an employee of the county hospital.
2. A county indebtedness may be created and county bonds authorized and issued for the construction, acquisition and equipment of the hospital in the manner then provided by law for the creation of indebtedness and the issuance of bonds for the construction of a courthouse and jail. When the hospital has been constructed or acquired and equipped the board of county commissioners shall annually levy a sufficient tax on all the taxable property in the county to provide for the maintenance of the hospital or wing or portion thereof. The tax shall be levied and collected as other county taxes and the amount collected shall be set apart as the county memorial hospital fund. No money shall be expended from the fund without the approval of the board of county commissioners.

History. Laws 1917, ch. 88, §§ 1, 2; 1919, ch. 89, § 1; C.S. 1920, §§ 1607, 1608; Laws 1925, ch. 19, §§ 1, 2; 1929, ch. 79, § 1; R.S. 1931, §§ 29-1001, 29-1002; C.S. 1945, §§ 26-701, 26-702, 26-707; W.S. 1957, §§ 18-315, 18-316, 18-322; Laws 1977, ch. 124, § 1; 1981, ch. 143, § 1; 1998, ch. 87, § 1.

Constitutionality of chapter. —

This section and §§ 18-8-102 , 18-8-104 to 18-8-107 do not violate art. 3, § 1, Wyo. Const., providing that the legislative power shall be vested in a senate and house of representatives since this provision is not operative in all cases. The power granted to administrative boards to adopt rules, bylaws and regulations reasonably adapted to carry out the purpose or object for which they are created is not an improper delegation of legislative authority prohibited by the constitution. Board of Trustees v. Pratt, 72 Wyo. 120, 262 P.2d 682, 1953 Wyo. LEXIS 40 (Wyo. 1953).

Nor do they violate art. 3, § 37, Wyo. Const., providing that the legislature shall not delegate to any special commissioner, private corporation or association any power to perform any municipal functions, because the creation and existence of the hospital is not a municipal function. It is rather a matter of statewide concern, and under the exclusive control of the legislature, so that the latter may make such provisions with reference thereto as it deems advisable. Board of Trustees v. Pratt, 72 Wyo. 120, 262 P.2d 682, 1953 Wyo. LEXIS 40 (Wyo. 1953).

Power of board to adopt rules and regulations implied. —

This section and §§ 18-8-102 , 18-8-104 to 18-8-107 do not by express words confer the power on the board to adopt rules and regulations and if it has the power to do so, it must be implied. These sections constitute the board of trustees as a body corporate with the power to sue and to be sued and expressly provide that the management and control of the hospital in question shall be vested in the board of trustees of the hospital. Hence a board of trustees had the power to make reasonable rules and regulations defining the conditions under which physicians might avail themselves of the facilities of the hospital. Board of Trustees v. Pratt, 72 Wyo. 120, 262 P.2d 682, 1953 Wyo. LEXIS 40 (Wyo. 1953).

Establishment and maintenance of memorial hospitals is governmentalfunction of the county. —

To establish and maintain these memorial hospitals is not a distinctive governmental function of the city or town, rather, of the county. Bondurant v. Board of Trustees, 354 P.2d 219, 1960 Wyo. LEXIS 63 (Wyo. 1960).

Governmental agency is immune from liability from torts committedin connection with such operation. —

As a general proposition a governmental unit or agency is immune from liability from torts committed in connection with operating a hospital, when operated in the performance of a governmental function, and these memorial hospitals are so operated. Bondurant v. Board of Trustees, 354 P.2d 219, 1960 Wyo. LEXIS 63 (Wyo. 1960).

Immunity even though power is exercised voluntarily. —

The fact that the county was not required to establish and maintain a hospital, but voluntarily exercised that power does not deprive it of governmental immunity. The maintenance of the county hospital was for a purpose essentially public and for the general and common good of the inhabitants of the county, and therefore a governmental function. Bondurant v. Board of Trustees, 354 P.2d 219, 1960 Wyo. LEXIS 63 (Wyo. 1960).

Applied in

State v. Hambrick, 65 Wyo. 1, 196 P.2d 661, 1948 Wyo. LEXIS 17 (1948).

Cited in

State ex rel. Bd. of Comm'rs v. Snyder, 30 Wyo. 468, 222 P. 40, 1924 Wyo. LEXIS 73 (1924); Bd. of County Comm'rs v. Geringer, 297 F.3d 1108, 2002 U.S. App. LEXIS 15353 (10th Cir. 2002).

Law reviews. —

See “Administration of the General Property Tax in Wyoming,” 4 Wyo. L.J. 227.

Am. Jur. 2d, ALR and C.J.S. references. —

Immunity of county from liability for damages and tort in operating hospital, 25 ALR2d 203, 18 ALR4th 858.

§ 18-8-103. Authority to establish fund for improvements; revenues derived from taxation and from memorial hospital fund.

The board of county commissioners of any county having a county memorial hospital may establish a fund of a certain amount to be raised within a certain number of years for the purpose of constructing improvements, equipping improvements already erected or for purchasing land for the county memorial hospital. The fund shall be created and added to from taxation as provided by W.S. 18-8-102 and from any funds in the county memorial hospital fund remaining unexpended at the end of any fiscal year exclusive of funds maintained as reserve for depreciation and the cash reserve fund authorized by W.S. 16-4-105 . The fund shall be expended as provided in W.S. 18-8-102 (b).

History. Laws 1955, ch. 108, § 1; W.S. 1957, § 18-317; Laws 1977, ch. 124, § 1; 2006, ch. 114, § 1.

The 2006 amendment, substituted “16-4-105” for “9-534.”

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Cited in

Bd. of County Comm'rs v. Geringer, 297 F.3d 1108, 2002 U.S. App. LEXIS 15353 (10th Cir. 2002).

§ 18-8-104. Hospital generally under control of board of trustees; appointment, powers and duties of trustees; incorporation; use of funds for erection of hospital; term of lease; consolidation of hospitals; acquisition of land; removal of board member; filling of vacancies.

1. The erection, management and control of the county memorial hospital, county memorial hospital fund and all property and funds received for the benefit of the hospital shall be by a board of trustees composed of at least five (5) but not more than eleven (11) competent and responsible citizens of the county appointed by the board of county commissioners. The number of members of any board of trustees shall be an odd number determined by the county commissioners. The first board of trustees, or additional members to a board of trustees, as soon as appointed shall draw lots for the purpose of determining the term of each member of the board. Up to two (2) members of the original board or additional members of the board shall serve for a term of one (1) year, up to two (2) for a term of two (2) years, up to two (2) for a term of three (3) years, up to two (2) for a term of four (4) years and up to two (2) for a term of five (5) years after their appointment. Terms thereafter shall be five (5) years, consecutively staggered. Each trustee shall serve until the first Monday of July following the expiration of their term and the board of county commissioners annually at their meeting in June shall appoint a successor to the trustee or trustees whose term expires. As soon as the original board has determined the terms of its members they shall organize by electing a president, secretary and treasurer of the board. As soon as they are organized they shall file with the county clerk and the secretary of state a certificate showing their organization, for which filing no fee or charge shall be paid. Upon filing the certificate the board of trustees is a body corporate with power to sue and be sued under the name of “Board of Trustees of the Memorial Hospital of  . . . . . County”. No individual member of the board of trustees is personally liable for any action or procedure of the board. The corporation has perpetual existence and it is not necessary to file any other or further certificate than that filed upon the original organization of the board of trustees.
2. Annually upon the appointment of a new member of the board, the trustees shall meet and organize by electing a president, secretary and treasurer. Each member of the board shall serve without compensation and the treasurer of the board shall give bond in such amount and with such sureties as approved by the board of county commissioners conditioned for the faithful performance of his duties and the full accounting for all monies received as treasurer. The board may allow and pay to the secretary such reasonable compensation as they deem proper for secretarial, accounting and other services required of him in addition to his general duties as a member of the board.
3. The hospital shall be erected and maintained on lands whose title is in the county or upon which the county has a lease for the term of ninety-nine (99) years. If any county hospital is already owned and maintained by the county, the board of county commissioners may permit the erection of the county memorial hospital upon the grounds already owned and used as a county hospital with any additional grounds deemed necessary and may transfer the management and control of the old hospital to the board of trustees of the memorial county hospital so that the old and the new may be consolidated and operated, controlled and maintained as a single hospital. If any county is without title to sufficient land for the county hospital it may acquire necessary lands by gift, purchase or condemnation under the procedure authorized in exercising the right to eminent domain.
4. Subject to constitutional limitations, in addition to any other securities the legislature authorizes or has authorized by law for investment, any funds of the hospital may be invested by the hospital board in any security which has been recommended by an investment advisor registered under the Uniform Investment Advisor’s Act of 1940 as amended, or any bank exercising its trust powers, and approved by the board. In approving securities for the investment under this subsection, the board shall be subject to and act in accordance with the provisions of the Wyoming Uniform Prudent Investor Act. The provisions of this subsection shall not be construed to authorize the use of any revenues generated from taxes to engage in any activity authorized under W.S. 18-8-301(a).
5. The county commissioners may remove any member of the board of trustees for just cause without a public hearing unless the trustee requests a public hearing. Vacancies on the board of trustees shall be filled by the county commissioners for the balance of the unexpired term created by the vacancy.

History. Laws 1917, ch. 88, § 3; 1919, ch. 7, § 1; C.S. 1920, § 1609; R.S. 1931, § 29-1003; Laws 1933, ch. 130, § 1; C.S. 1945, § 26-703; Laws 1953, ch. 169, § 1; 1957, ch. 57, § 1; W.S. 1957, § 18-318; Laws 1977, ch. 124, § 1; 1985, ch. 52, § 1; 2005, ch. 172, § 1; 2011, ch. 149, § 1; 2012, ch. 49, § 1.

Cross references. —

As to the Uniform Prudent Investors Act, see § 4-10-901 et seq.

As to inspection of hospitals, prisons, asylums, schools and other public institutions by health officers, see §§ 35-1-102 , 35-1-222 to 35-1-226 , 35-4-101 to 35-4-103 , 35-4-106 .

As to failure of health officers to perform duties, etc., see § 35-1-103 .

As to duty of hospitals, charitable or penal institutions to report treatment of venereal diseases to state department of health and social services, see § 35-4-132 .

As to provisions for fire escapes, see §§ 35-9-501 to 35-9-507 .

The 2005 amendment added (d).

Laws 2005, ch. 172, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

The 2011 amendment, effective July 1, 2011, added (e).

The 2012 amendment, effective July 1, 2012, inserted “five (5) years” in the fifth sentence of (a).

Federal law. —

The Uniform Investment Advisor’s Act of 1940 is codified as 15 U.S.C.S. § 80b-1 et seq.

Hospital as municipal corporation. —

It is entirely possible that memorial hospital may be a municipal corporation for some purposes and not for others. Gonzales v. Personal Collection Serv., 494 P.2d 201, 1972 Wyo. LEXIS 229 (Wyo. 1972).

The trustees have the power and duty to manage, operate, andcontrol the hospital. —

A municipal corporation has an implied and inherent power to do those things both necessary and proper to directly effect the purposes for which the corporation is created. Gonzales v. Personal Collection Serv., 494 P.2d 201, 1972 Wyo. LEXIS 229 (Wyo. 1972).

The power of the trustees of a county hospital board are general and quite broad with the power to manage, operate and control the hospital and its operations along with the power to sue and be sued. Collins v. Memorial Hosp., 521 P.2d 1339, 1974 Wyo. LEXIS 202 (Wyo. 1974).

Reasonable to deny privileges for misstatements, omissions.—

Trustees' policy, which provided that medical staff privileges could be denied if the application for such privileges contained significant misstatements or omissions, was reasonable and nondiscriminatory. Garrison v. Board of Trustees of Memorial Hosp., 795 P.2d 190, 1990 Wyo. LEXIS 81 (Wyo. 1990), reh'g denied, 1990 Wyo. LEXIS 91 (Wyo. Aug. 17, 1990).

Applied in

State v. Hambrick, 65 Wyo. 1, 196 P.2d 661, 1948 Wyo. LEXIS 17 (1948).

Quoted in

Bondurant v. Board of Trustees, 354 P.2d 219, 1960 Wyo. LEXIS 63 (Wyo. 1960).

Cited in

Bd. of County Comm'rs v. Geringer, 297 F.3d 1108, 2002 U.S. App. LEXIS 15353 (10th Cir. 2002).

§ 18-8-105. Trustees to receive donations and observe accompanying conditions.

The board of trustees may receive donations of real estate, money or other property in aid of the establishment of the hospital or for the construction of additions or provision of furniture or facilities. They shall permit any donor furnishing means for the construction of any individual portion of the hospital, or for equipping and especially endowing any ward or room therein to name the same in memory of any person chosen by the donor and shall observe the conditions accompanying every gift.

History. Laws 1917, ch. 88, § 4; C.S. 1920, § 1610; R.S. 1931, § 29-1004; C.S. 1945, § 26-704; W.S. 1957, § 18-319; Laws 1977, ch. 124, § 1.

§ 18-8-106. To be maintained as public hospitals; charges for services; when free services to be given; payment for resident indigent hospitalization.

Every county memorial hospital established and maintained as provided by law is a public county hospital. It may charge persons able to pay the same a reasonable price for use of the hospital and its facilities during the time required for proper treatment, and shall furnish free to residents of the county having no means to pay for the same all necessary facilities and maintenance during the time such persons are required to remain there for proper treatment. As long as a county department of public assistance and social services functions in the county as provided by law, the funds in control of the board for hospitalization purposes shall be deemed “means” for payment of resident indigent hospitalization.

History. Laws 1917, ch. 88, § 4; C.S. 1920, § 1610; R.S. 1931, § 29-1004; C.S. 1945, § 26-704; W.S. 1957, § 18-320; Laws 1977, ch. 124, § 1; 2004, ch. 130, § 1.

Cross references. —

As to county departments of public assistance and social services, see § 42-2-101 et seq.

The 2004 amendment deleted “and the full taxes required under W.S. 42-3 are levied in the county” following “social services functions in the county as provided by law,” and “resulting” preceding “funds in control of the board for hospitalization”; and made stylistic changes.

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

This section does not mean that a county memorial hospital is a charitable organization. Bondurant v. Board of Trustees, 354 P.2d 219, 1960 Wyo. LEXIS 63 (Wyo. 1960).

Board of trustees may determine method of collecting accountsdue. —

As fiduciaries, the board of trustees may properly determine the correct, appropriate, and better way of collecting accounts due. Gonzales v. Personal Collection Serv., 494 P.2d 201, 1972 Wyo. LEXIS 229 (Wyo. 1972).

Court may not substitute its judgment for that of board. —

It is improper for any court to substitute its judgment for that of the board of trustees about the proper method for collecting claims for services, which is a part of the management and operation of the hospital and necessary to effect the stated purposes. Gonzales v. Personal Collection Serv., 494 P.2d 201, 1972 Wyo. LEXIS 229 (Wyo. 1972).

Assigning claims for collection rather than creating a department within the hospital or retaining an attorney who would bring suits in the corporate name is not improper in the absence of any proof of abuse. Gonzales v. Personal Collection Serv., 494 P.2d 201, 1972 Wyo. LEXIS 229 (Wyo. 1972).

Collection upon contingent fee. —

If a memorial hospital does not have sufficient means for collection of accounts due it may rely upon a contingent fee arrangement and assign the accounts for collection by a collection service without constitutional violation. Gonzales v. Personal Collection Serv., 494 P.2d 201, 1972 Wyo. LEXIS 229 (Wyo. 1972).

§ 18-8-107. Records and reports of trustees.

The board of trustees shall keep a careful record of all its proceedings and keep duplicate vouchers of all expenditures, one (1) set of vouchers to be kept in the office of the secretary of the board of trustees and the other to be filed annually with the board of county commissioners at its June session. The board of trustees shall annually report at the June meeting of the board of county commissioners all the important transactions for the previous twelve (12) months specifying in each report the money received from the county memorial hospital fund, all monies and properties received from other sources, the use and disposition of such monies and other property and such other facts as they deem of public interest or the board of county commissioners may require. The board of trustees shall make monthly reports when required by the board of county commissioners.

History. Laws 1917, ch. 88, § 6; C.S. 1920, § 1612; R.S. 1931, § 29-1006; C.S. 1945, § 26-706; W.S. 1957, § 18-321; Laws 1977, ch. 124, § 1.

Applied in

State v. Hambrick, 65 Wyo. 1, 196 P.2d 661, 1948 Wyo. LEXIS 17 (1948).

§ 18-8-108. Authority to enter contract for operation; terms and conditions of contract.

1. Whenever the board of trustees of a county memorial hospital or special hospital district deems it in the best interests of the county they may with the approval and consent of the board of county commissioners lease or enter into a contract for the operation of the hospital with any person, group, association or corporation. If the board of trustees enters into such a contract or lease the lessee or operator of the hospital shall furnish without charge to residents of the county certified by the county health officer or county department of public assistance and social services as having no means to pay for the same, all necessary facilities and maintenance during the time such persons are required to remain there for proper treatment. The board of trustees shall reimburse the lessee or operator for the hospitalization of indigent persons at rates agreed upon between the board and the operator or lessee, with such reimbursement to be made from funds the board has under its control or made available to it by the board of county commissioners. If a lease or contract is executed the lessee or operator of the hospital shall furnish the board of trustees semiannual reports showing the financial condition of the hospital and all monies received and expended. The board of trustees shall keep the records and make reports required by W.S. 18-8-107 even though the hospital is leased or operated under contract.
2. A county memorial hospital with the approval and consent of the board of county commissioners, or district hospital with the consent of the board of trustees, may contract with another licensed hospital located within a reasonable distance to share or divide speciality or costly hospital services and equipment, or a county memorial hospital or district hospital with such approval may discontinue or avoid duplication of speciality or costly hospital services and equipment otherwise available to the community served for the purpose of minimizing costs for such hospital services or improving health care.

History. Laws 1949, ch. 152, § 1; W.S. 1957, § 18-323; Laws 1973, ch. 3, § 1; 1977, ch. 124, § 1.

Cited in

Lutheran Hosps. & Homes Soc'y of America v. Yepsen, 469 P.2d 409, 1970 Wyo. LEXIS 173 (Wyo. 1970).

§ 18-8-109. Dissolution.

1. Subject to the requirements of this section, the trustees of a memorial hospital may vote to dissolve and terminate the county memorial hospital. The plan to dissolve and terminate the county memorial hospital shall provide for the following:
   1. Payment of all bonded and other indebtedness against the county memorial hospital;
   2. Disposition of assets of the county memorial hospital upon dissolution. The assets may either be donated to a nonprofit or governmental hospital or health care facility which provides services to the residents of the county upon such conditions as agreed to by the nonprofit or governmental hospital or health care facility, or retained by the county to be used solely for health care purposes by the county.
2. Before any plan to dissolve and terminate a county memorial hospital is effective, the plan shall be approved by the board of county commissioners.
3. If the board of county commissioners approves the dissolution and termination plan, the board of trustees may take all action necessary to effectuate the plan and dissolve and terminate the county memorial hospital.

History. Laws 1987, ch. 146, § 1.

§ 18-8-201. Definitions; county memorial hospital; authority to issue revenue securities; purpose.

1. When a county memorial hospital as defined in W.S. 18-8-101 has been established as provided in W.S. 18-8-102 the board of county commissioners when requested by the board of trustees of a county memorial hospital may issue revenue bonds, notes and warrants or other revenue securities for the purpose of acquiring, erecting, constructing, reconstructing, improving, remodeling, furnishing or equipping hospitals or related facilities, or acquiring a site or sites therefor. The procedure for issuing or refunding revenue bonds is the same as prescribed by W.S. 35-2-424 through 35-2-436 as from time to time amended.
2. The trustees of a county memorial hospital may obtain financing for its operations by entering into agreements for lines of credit with any financial institution as defined in W.S. 13-1-101(a)(ix). The line of credit may either be unsecured, or secured by a pledge of revenues anticipated to be received during the current fiscal year.
3. In addition to the authority of the county commissioners to issue certificates of indebtedness to meet the obligations of county memorial hospitals under W.S. 18-4-104 , with the permission of the board of county commissioners, the trustees of a county memorial hospital may issue tax and revenue anticipation notes in amounts not to exceed eighty percent (80%) of the total amount of taxes levied for operation of the hospital for the fiscal year during which the notes are issued when the board determines that insufficient funds are available to meet the obligations of the hospital during any fiscal year. A county memorial hospital shall not enter into agreements or issue instruments of the type allowed by this section for any fiscal year until all debts financed by such agreements or instruments for any prior fiscal year have been paid in full. Tax and revenue anticipation notes issued under this subsection are subject to the procedural requirements of W.S. 9-4-1103 through 9-4-1105 for state tax and revenue anticipation notes, except:
   1. The authority of the state treasurer referenced in W.S. 9-4-1103 through 9-4-1105 shall be exercised by the board issuing the notes; and
   2. Investments of the proceeds of the notes by the trustees are limited to those investments authorized under W.S. 9-4-831 and 18-8-104(d).

History. Laws 1973, ch. 142, § 1; 1977, ch. 124, § 1; 1981, ch. 143, § 1; 2000, ch. 46, § 1; 2005, ch. 172, § 1.

The 2005 amendment, in (c)(ii), deleted “Notwithstanding W.S. 9-4-1105(a)” at the beginning and added “and 18-8-104(d)” at the end.

Laws 2005, ch. 172, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2005.

§ 18-8-301. Additional powers; requirements and conditions; approval by governing body.

1. Subject to the requirements of this section, any county memorial hospital, special hospital district established under W.S. 35-2-401 through 35-2-438 , rural health care district established under W.S. 35-2-701 through 35-2-709 and senior health care district established under W.S. 35-2-1201 through 35-2-1203 may, either within the county of its establishment or without, within this state or without:
   1. Engage in shared services and other cooperative ventures;
   2. Enter into partnerships;
   3. Either alone or in conjunction with any other entity, form or be an interest owner of corporations, partnership, limited partnership, cooperative, registered limited liability partnership, nonprofit association limited liability partnerships, limited liability companies and any other trust or association organized under the laws of this state; and
   4. Have members of its governing body or its officers or administrators serve as directors, officers or employees of any venture, association, partnership, corporation or entity entered into or formed pursuant to this subsection.
   5. Repealed by Laws 2003, ch. 22, § 2.
2. No county memorial hospital, special hospital district or rural health care district shall invest or otherwise use any revenues generated from taxes to engage in any activity authorized under subsection (a) of this section. All monies invested or otherwise used in any activity specified under subsection (a) of this section are subject to the requirements of W.S. 16-4-101 through 16-4-124 .
3. The authority granted under subsection (a) of this section shall only be exercised:
   1. For the delivery of health care services, provided that an entity primarily organized and operated to sell services to health care providers may also sell such services for nonhealth care purposes; and
   2. With the approval and consent of:
      1. The board of county commissioners if a county memorial hospital;
      2. The district board of trustees if a special hospital district;
      3. The board of trustees if a rural health care district; and
      4. The board of trustees if a senior health care district.
4. No county memorial hospital, special hospital district, rural health care district or senior health care district shall exercise any authority granted by subsection (a) of this section in any Wyoming municipality in which a hospital currently exists unless and until that hospital has been given an opportunity to participate with the undertaking hospital, special hospital district, rural health care district or senior health care district. This subsection shall not apply to any entity which is organized for the purpose of selling administrative services to health care providers.

History. Laws 1989, ch. 136, § 1; 2003, ch. 22, §§ 1, 2; ch. 206, § 1; 2009, ch. 200, § 1; 2020, ch. 17, § 2.

The 2009 amendment, effective July 1, 2009, added the provision in (c)(i); and added the last sentence in (d).

The 2020 amendment, effective July 1, 2020, in (a), substituted a comma for “and” following “35-2-438,” and added “and senior health care district established under W.S. 35-2-1201 through 35-2-1203 ” following “35-2-709”; added (c)(ii)(D) and made related changes; in (d), substituted a comma for “or” following “special hospital district” twice, and added “or senior health care district” twice following “rural health care district.”

§ 18-9-101. Authority of board of commissioners to acquire property, appoint board of trustees; purposes and uses; authority to levy taxes, issue bonds or incur indebtedness; county fair fund.

1. Each board of county commissioners may:
   1. Acquire lands and other property for fairgrounds, airports, parks and pleasure grounds;
   2. Construct, maintain and operate a public auditorium, athletic fields, civic center or other community building, which may be designated as a memorial to the war veterans of the United States of America;
   3. Appoint a board of trustees to control, maintain and manage the fairgrounds, airports, parks and pleasure grounds and to conduct agricultural, industrial and other fairs and exhibitions;
   4. Levy taxes, issue bonds or incur indebtedness as then authorized by law for other county purposes. The taxes shall be levied and collected as are other county taxes and the taxes collected, together with other monies received shall be expended as authorized under this section. Monies in the fund shall be expended only by the board of trustees;
   5. Perform such other acts necessary to carry out the provisions of this section.

History. Laws 1915, ch. 54, §§ 1, 2; C.S. 1920, §§ 1579, 1580; R.S. 1931, §§ 29-1101, 29-1102; Laws 1941, ch. 35, § 1; C.S. 1945, §§ 26-801, 26-802; Laws 1947, ch. 135, § 2; 1951, ch. 150, §§ 1, 2; W.S. 1957, §§ 18-324, 18-325; Laws 1977, ch. 124, § 1; 1981, ch. 143, § 1; 1991, ch. 201, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Section constitutional. —

Reference provisions of this section do not violate the constitutional restriction against extending the provisions of any law by reference to its title only. Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

Sections 18-9-101 to 18-9-103 held constitutional. —

See Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

Chapter 150, Laws 1951, codified as §§ 18-9-101 to 18-9-103 , is not void because §§ 18-9-101 and 18-9-102 thereof purport to authorize the loaning of the county's credit for private purposes in violation of art. 16, § 6, Wyo. Const.Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

Method of financing held constitutional. —

Public financing of the functions of the county fair board as authorized by §§ 18-9-101 to 18-9-103 , is not prohibited by art. 16, § 6, Wyo. Const.Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

Construction.—

Plain language of this section leads to the conclusion that appointment of a board of trustees is the only way in which a board of county commissioners can conduct a county fair. Bd. of Trs. of Laramie Cty. v. Bd. of Cty. Comm'rs of Laramie Cty., 2020 WY 41, 460 P.3d 251, 2020 Wyo. LEXIS 42 (Wyo. 2020).

Implied authority.—

Board of county commissioners did not have implied authority to dissolve the fair board. Bd. of Trs. of Laramie Cty. v. Bd. of Cty. Comm'rs of Laramie Cty., 2020 WY 41, 460 P.3d 251, 2020 Wyo. LEXIS 42 (Wyo. 2020).

Legislative intent in the absence of a reference to a particular bonding procedure. —

The legislature intended that the board of county commissioners should have the right and option to select and follow either of the statutory requirements then in effect and otherwise applicable to the proposed bond issue. Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

Legislative intent as to selection of procedure where not specified. —

In the absence of a reference to a particular bonding procedure, the legislature intended in enacting ch. 159, Laws 1951, relative to the issuance of bonds for fairgrounds, airports, parks, etc., that the board of county commissioners should have the right and option to select and follow either of the statutory requirements then in effect (§§ 18-4-301 to 18-4-303 , 18-4-306 to 18-4-310 , relative to bonds generally, or §§ 18-4-401 to 18-4-409 , relative to viaducts and subway bonds) and otherwise applicable to the proposed bond issue. Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

Legislature had knowledge of existing law. —

When the legislature amended and reenacted this section by ch. 150, S.L. of Wyoming, 1951, it did so with full knowledge of the existing condition of the law with reference to issuing bonds for county purposes. Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

It is not necessary to refer to any other law to determine what right is granted, but the exercise of such right must be in accordance with all constitutional and statutory limitations and procedures applicable thereto, whether specifically referred to in the statute or not. Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

So-called reference statutes are generally recognized as a valid method of legislation and are frequently used to avoid encumbering the statute books by unnecessary repetition, subject, however, to constitutional limitations. Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

Power to erect necessarily includes equipment. —

The power to erect should be construed as impliedly and necessarily including required equipment which becomes a permanent part of the building authorized to be constructed. Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

Question on ballot valid. —

The ballot question submitted to the electors contained only 1 general proposition, although it encompassed more than 1 of the related facilities authorized by the statutes of this state. Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

Piecemeal approval by voters not required. —

There is nothing in §§ 18-9-101 to 18-9-103 which contemplates that a scheme or general plan for recreational facilities should be submitted to the voters for piecemeal approval. Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

Only 1 objective or general purpose involved even though 2 or more separate facilities contemplated. —

So long as the bond funds are to be used for facilities authorized by §§ 18-9-101 to 18-9-103 , only one objective or general purpose is involved, even though two or more separate facilities may be contemplated. In this regard it is to be noted that §§ 18-9-101 to 18-9-103 specifically leaves it to the discretion of the board of county commissioners which facilities are to be acquired, and the same legislature in enacting §§ 18-9-201 and 18-9-202 authorized the board of county commissioners to establish a system of public recreation and playgrounds, and to acquire, equip and maintain land, buildings and other recreational facilities. Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

Assumption that building proposal contemplates type of building authorized, etc. —

It may justly be said that §§ 18-9-101 to 18-9-103 do not authorize the construction of any and all types of public buildings, but it does authorize public auditoriums or other community buildings, and in the absence of any showing to the contrary, we must assume that the building proposal referred to in the ballot contemplates only the type of public building authorized. Likewise, the term “recreational facilities” is not specifically mentioned in the Act, but most, if not all, the facilities authorized are recreational in character, and we must assume that the commissioners intend to use the bond funds for such authorized facilities. Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

County commissioners should be specific as to nature, etc., of facility. —

Because of the broad and varied nature of the various facilities authorized by §§ 18-9-101 to 18-9-103 , it is imperative that the board of county commissioners in exercising its discretion should be specific to the extent that the trustees will know generally the location, nature, purpose and estimated cost of each facility so authorized, and such designation should be precise enough so that it can be determined that the same are within the purposes authorized. Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

In absence of statutory requirement this is not mandatory. —

Undoubtedly the better practice would be for the commissioners to make such designation as to nature of facility prior to the bond election for the edification of the voters, but in the absence of such a statutory requirement it is not mandatory in order to validate such an election. Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (Wyo. 1959).

Quoted in

White v. Board of County Comm'rs, 77 Wyo. 246, 313 P.2d 484, 1957 Wyo. LEXIS 22 (1957).

Law reviews. —

See “Administration of the General Property Tax in Wyoming,” 4 Wyo. L.J. 227.

Am. Jur. 2d, ALR and C.J.S. references. —

Nature of estate conveyed by deed for park or playground purposes, 15 ALR2d 975.

Liability of owner or operator of park or other premises on which baseball or other game is played, for injuries by ball to person on nearby street, sidewalk, or premises, 16 ALR2d 1458.

Maintenance of auditorium, community recreational building, or the like, as governmental or proprietary function for purposes of tort liability, 47 ALR2d 544.

Judicial notice of matters relating to public thoroughfares and parks, 48 ALR2d 1102, 86 ALR3d 484.

Municipal corporation's power to exchange its real property used for a park or public square, 60 ALR2d 220.

Power of park commission to directly regulate or prohibit abutter's access to street or highway, 73 ALR2d 652.

Children's playground as nuisance, 32 ALR3d 1127.

Tort liability of public schools and institutions of higher learning for injuries due to condition of grounds, walks, and playgrounds, 37 ALR3d 738.

Validity and construction of statute or ordinance requiring land developer to dedicate portion of land for recreational purposes, or make payment in lieu thereof, 43 ALR3d 862.

Construction of highway through park as violation of use to which park property may be devoted, 60 ALR3d 581.

Implied acceptance, by public use, of dedication of beach or shoreline adjoining public waters, 24 ALR4th 294.

Application of zoning regulations to golf courses, swimming pools, tennis courts, and the like, 63 ALR5th 607.

Standing of private citizen, association or organization to maintain action in federal court for injunctive relief against commercial development or activities, or construction of highways, or other governmental projects, alleged to be harmful to environment in public parks, other similar recreational areas or wildlife refuges, 11 ALR Fed 556.

Construction and application of § 4(f) of Department of Transportation Act of 1966 (49 U.S.C. § 1653(f)), as amended [ 49 U.S.C. § 303], and § 18(a) of Federal-Aid Highway Act of 1968 (23 U.S.C. § 138) requiring Secretary of Transportation to determine that all possible planning for highways has been done to minimize harm to public park and recreation lands, 19 ALR Fed 904.

§ 18-9-102. Board of trustees.

1. The board of trustees provided by W.S. 18-9-101(a)(iii) shall be composed of not less than five (5) nor more than nine (9) competent citizens of the county appointed by the board of county commissioners. Trustees shall serve five (5) year terms which shall be staggered. The board of county commissioners shall annually appoint a successor to the trustee whose term expires. The term of each succeeding trustee shall commence on the first Monday in January next following the date of his appointment. A trustee may be appointed for successive terms.
2. As soon as the original board has been appointed they shall organize by electing a chairman, secretary and treasurer of the board. As soon as they organize they shall file without fee a certificate showing their organization with the county clerk and the secretary of state. Upon filing the certificate the board of trustees is a body corporate, empowered to sue and be sued under the name of “Board of Trustees of  . . . . .  County”.
3. No member of the board of trustees shall be personally liable for any action or procedure of the board. The board has perpetual existence and it is not necessary to file any certificate other than that filed upon the original organization.
4. Each year when a new member of the board is appointed the trustees shall meet and again organize by electing a chairman, secretary and treasurer. Each member of the board shall serve without compensation and the board treasurer shall give bond in such amount and such securities as approved by the county commissioners conditioned upon the faithful performance of his duties and the accounting for all board monies. The board may pay the secretary such compensation as proper for secretarial, accounting and other services required of him apart from his duties as a member of the board.
5. Repealed by Laws 1991, ch. 201, § 2.
6. If a county is without title to sufficient land it may acquire such lands as deemed necessary by gift, purchase or condemnation under the right of eminent domain.
7. Repealed by Laws 1991, ch. 201, § 2.
8. The county commissioners may remove any member of the board of trustees for cause without a public hearing unless the trustee requests that the action be taken during a public hearing. Vacancies on the board of trustees shall be filled by the county commissioners for the balance of the unexpired term created by the vacancy.

History. Laws 1951, ch. 150, § 4; W.S. 1957, § 18-326; Laws 1977, ch. 124, § 1; 1985, ch. 80, § 1; 1991, ch. 201, §§ 1, 2; 2012, ch. 104, § 1.

The 2012 amendment, added (h).

Laws 2012, ch. 104 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 21, 2012.

§ 18-9-103. Authority to establish sinking fund; sources of revenue.

Each board of county commissioners may establish a sinking fund of a certain amount to be raised within a certain number of years for erecting or constructing improvements, equipping improvements already erected on a county fairgrounds or for purchasing land for a county fair. The fund is to be created and added to from taxation or from unexpended monies in the county.

History. Laws 1951, ch. 150, § 5; W.S. 1957, § 18-327; Laws 1977, ch. 124, § 1.

Severability. —

Section 6, ch. 150, Laws 1951, provides that “If any section, subsection, sentence, clause, phrase or word of this act is adjudged to be unconstitutional or invalid, such adjudication shall not affect the validity of the remaining portion of this act.”

Stated in

White v. Board of County Comm'rs, 77 Wyo. 246, 313 P.2d 484, 1957 Wyo. LEXIS 22 (1957).

§ 18-9-104. Authority to establish county fair endowment fund; sources of revenue.

1. Each board of county commissioners may establish a county fair endowment fund.
2. The county fair endowment fund may accept grants, gifts, transfers, bequests and donations including those that are limited in their purposes by the grantor.
3. The county treasurer shall invest funds received under this section as permitted by law and the interest accruing from the investment shall be retained in the fund.
4. Endowment funds may be expended by the board of county commissioners or, if authorized by the board of county commissioners, the county fairgrounds board of trustees for purposes of erecting or constructing improvements, equipping improvements already erected on a county fairgrounds, purchasing land for county fairgrounds or operating county fairs.

History. Laws 2019, ch. 97, § 1.

Effective date. — Laws 2019, ch. 97 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 26, 2019.

§ 18-9-201. Recreational facilities and systems of public recreation; authority to establish and maintain; joint action by political subdivision; tax levies; removal.

1. The governing body of any city, town, county or school district either independently or jointly through any combination thereof, may establish a system of public recreation as provided by W.S. 18-9-101(a)(i) through (iii) and, if it does so, shall appoint a board of trustees to control, maintain and supervise the properties. In administering properties under this section, the board may:
   1. Adopt reasonable rules and regulations for the governance and the preservation of property within the area. All rules and regulations adopted shall be promulgated as provided by the Wyoming Administrative Procedure Act and shall be available for inspection in the office of the board of county commissioners. Any person violating any rule or regulation adopted under this paragraph is guilty of a misdemeanor punishable by a fine of not more than one hundred dollars ($100.00), imprisonment for not more than thirty (30) days, or both;
   2. Acquire, equip and maintain land, buildings or other recreational facilities;
   3. Employ trained supervisors and directors of recreation;
   4. Accept gifts, bequests and federal aids-in-grant for the benefit of the recreational service;
   5. Allocate money and expend funds allocated for recreational purposes.
2. The board of county commissioners may levy and expend funds for recreational purposes. Any levy imposed by a school district for recreational facilities and systems of public recreation shall not exceed one (1) mill on the assessed valuation of a school district. A levy for recreational facilities and systems of public recreation imposed by a school district is in addition to the tax limitations stated in W.S. 21-13-102 .
3. The governing body which appointed the member of the board of trustees may remove that member of the board of trustees for cause without a public hearing unless the trustee requests that the action be taken during a public hearing. Vacancies on the board of trustees shall be filled by the governing body for the balance of the unexpired term created by the vacancy.

History. Laws 1951, ch. 24, §§ 1, 2; W.S. 1957, § 18-328, 18-329; Laws 1971, ch. 154, § 1; 1977, ch. 124, § 1; 1981, ch. 8, § 1; 1991, ch. 87, § 1; ch. 201, § 1; 1994, ch. 19, § 1; 2012, ch. 104, § 1.

The 2012 amendment, added (c).

Laws 2012, ch. 104 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 21, 2012.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Section 15-7-103 does not repeal or limit §§ 18-9-201 and 18-9-202 . —

Section 15-7-103 does not expressly or by implication repeal or limit the authority delegated by §§ 18-9-201 , 18-9-202 or any other grants of authority by the state, as to recreational facilities, nor does it directly or by implication declare recreational facilities to be a strictly municipal function as contended for by counsel. Board of County Comm'rs v. White, 79 Wyo. 420, 335 P.2d 433, 1959 Wyo. LEXIS 14 (1959), decided under former § 15-532, W.S. 1957.

Stated in

White v. Board of County Comm'rs, 77 Wyo. 246, 313 P.2d 484, 1957 Wyo. LEXIS 22 (1957).

Law reviews. —

See “Administration of the General Property Tax in Wyoming,” 4 Wyo. L.J. 227.

Am. Jur. 2d, ALR and C.J.S. references. —

Application of zoning regulations to golf courses, swimming pools, tennis courts, and the like, 63 ALR5th 607.

§ 18-9-202. Recreation board of trustees.

1. The board of trustees appointed under W.S. 18-9-201(a) shall be comprised of not fewer than five (5) members appointed in accordance with and serving staggered terms in the same manner as specified under W.S. 18-9-102(a). If the public recreation system is established jointly, the membership shall be not fewer than five (5) members appointed in accordance with the joint agreement and each participating governing body shall have at least one (1) member on the board. Any board appointed under this article is a body corporate. Liability of board members shall be governed by W.S. 1-23-107 .
2. The recreation board shall manage, operate and regulate the recreational systems and may take any steps necessary to insure the safe, economical and enjoyable operation of the system.
3. The recreation board may accept and use any gift, donation, bequest, devise or contribution of money or property. Any monies accruing from a tax levy or appropriation made by the governing bodies involved in the recreational system shall be credited to the board and may be expended by them for the maintenance, improvement, development, operation, management and conduct of the system, and the erection and repair of the physical properties under its control. All payments made shall be with the approval of the board and upon the signature of the treasurer.
4. The recreation board shall elect from among its members a president, secretary and a treasurer. The members of the board shall serve without compensation except the board may allow reasonable compensation to the secretary for secretarial or other services required of him. The treasurer shall give bond in such amount and with securities approved by the governing bodies involved, conditioned upon the faithful performance of his duties and the full accounting of monies received by him.

History. Laws 1951, ch. 24, § 3; W.S. 1957, § 18-330; Laws 1963, ch. 164, § 1; 1977, ch. 124, § 1; 1989, ch. 55, § 1; 1991, ch. 87, § 1.

§ 18-10-101. County commissioners may purchase, construct, accept by gift, museums and collections of exhibits.

Each board of county commissioners may purchase, construct or acquire by donation or otherwise archaeological, geological and historical museums and collections of exhibits and articles to be included in or added to the museums and collections.

History. Laws 1959, ch. 31, § 1; 1963, ch. 40, § 1; 1977, ch. 124, § 1.

§ 18-10-102. Appropriation for construction and maintenance; annual tax levy.

Each board of county commissioners of any county owning, constructing or acquiring any museum or collection of exhibits may annually levy a tax on the taxable valuation of the property in the county, for the construction, maintenance and support of the museum or collection of exhibits. The levy shall be made at the same time as other county and school levies are made. The proceeds from the collection of the levy shall be placed in a special fund by the county treasurer and used solely for the purpose for which the levy was made.

History. Laws 1959, ch. 31, § 2; 1963, ch. 40, § 2; 1977, ch. 124, § 1; 1994, ch. 19, § 1.

§ 18-10-103. Board of trustees; appointment; composition; qualifications of members; terms of office; vacancies; removal.

1. Each board of county commissioners of any county owning, constructing or acquiring any museum or collection of exhibits shall appoint a board of trustees for the museum or collection composed of five (5) electors of the county. The initial board of trustees shall be appointed as follows: one (1) member for a one (1) year term, two (2) for a two (2) year term and two (2) for a three (3) year term, with each term commencing on July 1 of the year of appointment. Thereafter the terms shall be three (3) years. Vacancies shall be filled for unexpired terms.
2. The county commissioners may remove any member of the board of trustees for cause without a public hearing unless the trustee requests that the action be taken during a public hearing. Vacancies on the board of trustees shall be filled by the county commissioners for the balance of the unexpired term created by the vacancy.

History. Laws 1959, ch. 31, § 3; 1963, ch. 40, § 3; 1977, ch. 124, § 1; 1983, ch. 52, § 1; 2012, ch. 104, § 1.

The 2012 amendment, designated the existing paragraph as (a), added “year” after “a two (2)” in (a); and added (b).

Laws 2012, ch. 104 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 21, 2012.

§ 18-10-104. Board of trustees; duties generally; employment of personnel; rules and regulations.

1. Each board of trustees of a county museum or collection of exhibits shall:
   1. Have the custody and control of the museum or collection;
   2. Employ such personnel as required;
   3. Make rules and regulations as necessary for the preservation, maintenance, operation and display of the museum or collection of exhibits;
   4. Consult with the department of state parks and cultural resources on matters relating to the management and operation of the county museum and enter into agreements with the department of state parks and cultural resources for the purpose of lending or borrowing materials and improving the management and operation of the county museum;
   5. Annually not later than June 1, file with the board of county commissioners a report detailing all gifts and donations made to the museum or collection and the receipts and expenditures during the preceding fiscal year, together with estimated requirements for expenditures for the ensuing fiscal year.

History. Laws 1959, ch. 31, §§ 4 to 6; 1977, ch. 124, § 1; 1990, ch. 44, § 2; 1999, ch. 69, § 2.

Cross references. —

As to director of state archives and historical department, see § 9-2-401 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 18-10-105. Board of trustees; authority to provide funds for preservation of historical artifacts and landmarks.

The board of county commissioners may provide funds for the preservation of historical artifacts and landmarks when the same are threatened with removal or destruction.

History. Laws 1959, ch. 31, § 7; 1977, ch. 124, § 1.

§ 18-10-201. Petition of property owners; public hearing; written protests; election.

1. through (d) Repealed by Laws 1998, ch. 115, § 5.
2. A special museum district may be established under the procedures for petitioning, hearing and election of special districts as set forth in the Special District Elections Act of 1994.

History. Laws 1969, ch. 142, § 1; 1977, ch. 124, § 1; 1991, ch. 70, § 1; 1994, ch. 99, § 2; 1996, ch. 97, § 2; 1998, ch. 115, § 2.

§ 18-10-202. [Repealed.]

Repealed by Laws 1998, ch. 115, § 5.

Editor's notes. —

This section, which derived from Laws 1969, ch. 142, § 2, related to establishment of districts.

§ 18-10-203. District a body corporate; name; powers.

1. Each district established is a body corporate by the name of “the  . . . . .  museum district”. The name shall be selected by the board of county commissioners of the county in which the greater area of land within the district is located and will be entered in their records.
2. The district may:
   1. Hold property and be a party to contracts;
   2. Sue and be sued;
   3. Through its governing board acquire property for museum purposes by gift, devise, bequest or purchase or contract for the acquisition by purchase or lease of real and personal property;
   4. Convey, lease and otherwise dispose of property for museum purposes;
   5. Establish sinking funds for museum purposes;
   6. Issue bonds for the purchase of real property, improvements and equipment as provided by W.S. 18-10-214 ;
   7. Make rules and regulations as necessary for the proper operation of the district, which shall be filed with the county clerk for each county in which the district is located.

History. Laws 1969, ch. 142, § 3; 1977, ch. 124, § 1; 1994, ch. 99, § 2.

Law reviews. —

See article, “Governmental Immunity from Damage Actions in Wyoming — Part II,” VII Land & Water L. Rev. 617 (1972).

§ 18-10-204. Election of trustees; generally; terms.

An election of the six (6) initial trustees shall be held at the same time as the election to form the district under W.S. 18-10-201 and in accordance with the Special District Elections Act of 1994, including by mail ballot. The board of trustees elected shall govern the district affairs and serve without compensation. At the first subsequent director election three (3) members shall be elected to serve until the next subsequent director district election and three (3) members elected to serve until the second subsequent director district election and until their successors are elected and qualified.

History. Laws 1969, ch. 142, § 4; 1977, ch. 124, § 1; 1994, ch. 99, § 2; 1998, ch. 115, § 2.

§ 18-10-205. Trustee terms.

Trustees shall hold office for four (4) years and until their successors are duly elected and qualified.

History. Laws 1969, ch. 142, § 5; 1977, ch. 124, § 1; 1996, ch. 97, § 2; 1998, ch. 115, § 2.

§ 18-10-206. [Repealed.]

Repealed by Laws 1994, ch. 99, § 3.

Editor's notes. —

This section, which derived from Laws 1969, ch. 142, §§ 6, 7, related to voters generally.

§§ 18-10-207 through 18-10-212. [Repealed.]

Repealed by Laws 1998, ch. 115, § 5.

Editor's notes. —

These sections, which derived from Laws 1969, ch. 142, §§ 8 through 12, related to election preparations and to district trustees.

§ 18-10-213. Administration of finances; assessments and taxation.

1. Annually, each county assessor shall provide the board of county commissioners with the total assessed value of all taxable property within a special museum district in his county.
2. The board of county commissioners at the same time they levy for county purposes shall levy a tax not exceeding one (1) mill upon the taxable property in the district in its county for its proportionate share based on the assessed valuation and the estimated amount of funds needed by each district. The taxes shall be collected at the same time and in the same manner as state and county taxes. The tax levy provided by this section shall not be construed as being a part of the general county mill levy.

History. Laws 1969, ch. 142, § 14; 1977, ch. 124, § 1; 2012, ch. 98, § 1; 2017, ch. 62, § 2.

The 2012 amendment, substituted “Uniform Municipal Fiscal Procedures Act” for “Wyoming Municipal Budget Act” in (a).

Laws 2012, ch. 98 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2012.

The 2017 amendment , effective July 1, 2017, deleted the first sentence of (a), which read: “The board of trustees of special cemetery districts shall administer the finances of such districts according to the provisions of the Uniform Municipal Fiscal Procedures Act, W.S. 16-4-101 through 16-4-125 , and file a report as provided by W.S. 9-1-507 .”

Wyoming Municipal Budget Act. —

The Wyoming Municipal Budget Act, referred to in the first sentence in subsection (a), appeared as §§ 9-7-301 through 9-7-316 before being repealed in 1980, prior to the 1982 revision of title 9. Present similar provisions appear as §§ 16-4-101 through 16-4-124 , the Uniform Municipal Fiscal Procedures Act.

§ 18-10-214. Coupon bonds; generally.

The board of trustees of special museum districts may submit to the electors of the district the question whether the board shall be authorized to issue coupon bonds of the district to a certain amount, not to exceed two percent (2%) of the assessed value of the taxable property in the district, bearing interest at a certain rate, payable and redeemable at a certain time not exceeding twenty-five (25) years, for constructing or acquiring property for museum purposes.

History. Laws 1969, ch. 142, § 16; 1971, ch. 254, § 17; W.S. 1977, § 18-10-215 ; Laws 1977, ch. 124, § 1; 1981, ch. 143, § 1; 1982, ch. 28, § 1.

Editor's notes. —

Section 18-10-214 , which was enacted by § 1, ch. 124, Laws 1977, and which related to exempting property of districts from taxation, was repealed pursuant to § 4, ch. 124, Laws 1977. Accordingly, §§ 18-10-215 to 18-10-220 have been redesignated as §§ 18-10-214 to 18-10-219 , respectively, in order to maintain proper numerical sequence.

§ 18-10-215. Election; ballots.

The election authorized under W.S. 18-10-214 shall be called by the boards of county commissioners and conducted, canvassed and returned in the manner provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112 .

History. Laws 1969, ch. 142, § 17; 1977, ch. 124, § 1; 1996, ch. 97, § 2.

§ 18-10-216. Form; notice; bids; sale.

If the proposal to issue bonds is approved, the board of trustees may issue bonds in such form as they decide and shall give notice by publication in some newspaper published in the counties in which the district is located and in some newspaper of general circulation in Cheyenne, Wyoming of its intention to issue and negotiate such bonds and to invite bidders therefor. In no case shall the bonds be sold for less than their full or par value and the accrued interest thereon at the time of their delivery. The trustees may reject any bids or sell the bonds at private sale if they deem it for the best interest of the district.

History. Laws 1969, ch. 142, § 18; 1977, ch. 124, § 1.

§ 18-10-217. Preparation and execution.

After ascertaining the best terms and the lowest interest at which the bonds can be negotiated, the board shall secure the proper engraving and printing and consecutive numbering thereof and the bonds shall then be properly prepared and executed. They must bear the signature of the president of the board of trustees and be countersigned by the county treasurer of the county in which the funds of the district are kept, and the coupons attached to the bonds must be signed by the president, secretary and county treasurer. The secretary of the board shall endorse and sign in his official capacity a certificate upon every bond that it is within the lawful debt limit of the district and is issued according to law. When so executed the bonds shall be registered by the county treasurer where the funds of the district are kept in a book provided for that purpose, which must show the number and amount of each bond and the person to whom it is issued.

History. Laws 1969, ch. 142, § 19; 1977, ch. 124, § 1.

§ 18-10-218. Preparation and execution; full faith and credit; payment of principal and interest.

1. The full faith and credit of each museum district is solemnly pledged for the payment of the interest and the redemption of the principal of all bonds which are issued by the district.
2. The county treasurer where the funds of the district are kept may pay out of the district tax fund the interest and principal due upon any bonds upon presentation at his office of the proper coupon or bond which must show the amount due and each coupon must also show the number of the bond to which it belonged. All bonds and coupons so paid must be reported to the district trustees at their first regular meeting thereafter.

History. Laws 1969, ch. 142, §§ 20, 21; 1977, ch. 124, § 1.

§ 18-10-219. Existing museums not affected; museum may submit to electors question of organizing district.

All archaeological, geological and historical museums and any mill levy made pursuant to W.S. 18-10-101 through 18-10-105 shall not be affected by the provisions of W.S. 18-10-201 through 18-10-218 . Any archaeological, geological or historical museum, by a majority vote of the board of trustees may submit to the qualified electors of the county, or any portion thereof, in which the museum is located the question of organizing a special museum district under the provisions of and in accordance with the procedures specified in W.S. 18-10-201 through 18-10-219 .

History. Laws 1969, ch. 142, § 22; 1977, ch. 124, § 1.

§ 18-11-101. Solid waste disposal districts; creation.

1. Each board of county commissioners may establish by resolution one (1) or more solid waste disposal districts composed of any portion of the county. Areas may be added to or subtracted from an existing district in the same manner.
2. Not less than sixty (60) days before any resolution pursuant to this section is signed, the board of county commissioners shall submit the proposed boundaries of the district to the county assessor and the department of revenue for review for any conflict, overlap, gap or other boundary issue. The assessor and the department may make written comments thereon to the county commissioners.

History. Laws 1975, ch. 126, § 1; 1977, ch. 124, § 1; 2005, ch. 108, § 2.

The 2005 amendment, added (b), designating the existing provisions as (a).

Laws 2005, ch. 108, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 24, 2005.

Purpose of act. —

Laws 2005, ch. 108, § 3, provides: “It is the intent of this act to develop an accurate and comprehensive database of the property within each governmental entity in the state with the power to levy or to require the levy of property taxes within that governmental entity. Regardless of the date of formation, each governmental entity in the state with the power to levy or to require the levy of ad valorem taxes shall file a map or legal description designating the current geographical boundaries of the governmental entity with the department of revenue, the county assessor and the county clerk in the county or counties within which the entity is located in accordance with the department’s rules regarding tax districts. Not later than August 1, 2005, the department shall notify each governmental entity subject to the provisions of this section of the entity's most recent filing with the department and whether that filing meets the requirements of this act. If a governmental entity subject to the provisions of this act has not met the requirements of this act, or if its most recent filing with the department is no longer accurate, it shall file not later than November 1, 2005 a map or other legal description of its current boundaries in accordance with this act and the department's rules on taxing districts. Thereafter, filings shall be made in accordance with the provisions of this act.”

Cited in

Eastern Laramie County Solid Waste v. State Bd. of Equalization, 9 P.3d 268, 2000 Wyo. LEXIS 174 (Wyo. 2000).

§ 18-11-102. Powers; management; rates; penalty for violation of rules; removal.

1. Following the creation of a solid waste disposal district the board of county commissioners shall appoint not less than three (3) nor more than nine (9) residents of the district to constitute the governing board of the district. Appointees shall serve a term of three (3) years and may be reappointed. Terms of office shall be staggered. The governing board may exercise all powers granted to cities and towns by W.S. 15-1-103(a)(xxi) and (xl) and shall adopt rules and regulations in managing the disposal of solid wastes within the district. Violation of a rule or regulation of the governing board requiring disposal of solid wastes in designated sites constitutes a misdemeanor punishable upon conviction by a fine not to exceed seven hundred fifty dollars ($750.00) or imprisonment not exceeding six (6) months or both. A governing board may also enforce its rules and regulations by appropriate legal proceedings and expend and generate revenue relative to the purpose of a solid waste disposal district. The governing board may permit persons or entities not included within the district to utilize the facilities of the district. The governing board may impose fees upon persons or entities included within or outside of the district for the privilege of utilizing the facilities of the district at rates established by the governing board and any revenue generated in this manner shall only be used to operate the district.
2. The county commissioners may remove any member of the governing board for cause without a public hearing unless the member requests that the action be taken during a public hearing. Vacancies on the governing board shall be filled by the county commissioners for the balance of the unexpired term created by the vacancy.

History. Laws 1975, ch. 126, § 1; 1977, ch. 124, § 1; 1993, ch. 211, § 1; 1995, ch. 19, § 1; 2012, ch. 104, § 1; 2013, ch. 188, § 1.

The 2012 amendment, added (b).

Laws 2012, ch. 104 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 21, 2012.

The 2013 amendment, effective July 1, 2013, in (a), deleted “for three (3) additional terms” after “reappointed” at the end of the second sentence.

Cited in

Eastern Laramie County Solid Waste v. State Bd. of Equalization, 9 P.3d 268, 2000 Wyo. LEXIS 174 (Wyo. 2000).

§ 18-11-103. Taxation; limitation.

1. A solid waste disposal district board may submit to the qualified electors of the district the question of whether or not the district shall annually levy not to exceed three (3) mills on the dollar of assessed valuation of the district to operate the district. The question shall be submitted by the county clerk as ordered by the board of county commissioners at an election called, conducted, canvassed and returned in the manner provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112 .
2. The board of county commissioners at the time of making the levy for county purposes shall levy a tax upon the taxable property within a solid waste disposal district to be used solely to operate the district. These monies shall be placed in an account certified by the solid waste disposal district governing board if the mill levy authorization has been approved pursuant to subsection (a) of this section.

History. Laws 1975, ch. 126, § 1; 1976, ch. 17, § 1; 1977, ch. 124, § 1; 1996, ch. 97, § 2.

§ 18-11-104. Operation of disposal system.

Any requirements or exceptions pertaining to the operation of solid waste disposal systems by cities and towns are also applicable to county solid waste disposal districts.

History. Laws 1975, ch. 126, § 1; 1977, ch. 124, § 1.

§ 18-11-105. Procedures.

The Wyoming Administrative Procedure Act [§§ 16-3-101 through 16-3-115 ] is applicable to all proceedings under W.S. 18-11-101 through 18-11-105 except establishing or changing the boundaries of a solid waste disposal district.

History. Laws 1975, ch. 126, § 1; 1977, ch. 124, § 1.

Cited in

Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

§ 18-12-101. Title; purpose; application and construction.

This act may be cited as the “Improvement and Service District Act”.

History. Laws 1977, ch. 173, § 1.

§ 18-12-102. Definitions.

1. As used in this act:
   1. “Assessed value” means the total assessed value of real property within the district. Assessed value shall be determined from the last assessment roll of the county within which the district is located;
   2. “Board” means the board of directors of an improvement and service district;
   3. “Bonds” means bonds, warrants, notes or other evidences of indebtedness of an improvement and service district;
   4. “Charges” means fees, tolls, rates and rentals;
   5. “Commissioners” means the board of county commissioners;
   6. “District” means an improvement and service district as organized under the terms of this act;
   7. “Elector” or “voter” means a person who is a qualified elector or an owner of land in the district, including any corporation, partnership or association owning land in the district provided the individual who casts the vote for a corporation, partnership or association presents the election judge with a written authorization to vote for the corporation, partnership or association. No person is a qualified elector who is under eighteen (18) years of age, a mentally incompetent person, or who has been convicted of a felony and his civil or voting rights have not been restored. In applying provisions of the Special District Elections Act of 1994 to this act, the terms “elector” or “voter” shall include qualified electors and landowners;
   8. “Improvement” means and includes buildings, structures and all facilities of a public nature intended for public use, including but not limited to streets, sidewalks, curbs, gutters, alleys and other public ways, parks, recreational facilities, water, sewage, solid waste disposal and other sanitary systems and facilities, and with respect to the foregoing, such additional facilities or improvements as relate or contribute to the full public use and enjoyment thereof;
   9. “Service” means:
      1. The operation and maintenance of improvements and any other service authorized by this act; or
      2. The provision of emergency medical services.
   10. “Landowner” or “owner of land” means the person or persons holding a majority interest in the record fee title to one (1) or more parcels of real property or a person or the persons who are obligated to pay general property taxes under a contract to purchase real property;
   11. “This act” means W.S. 18-12-101 through 18-12-141 ;
   12. “Written authorization” means an affidavit filed with the election official conducting the election setting forth a general legal description of the property owned, the street or common name address for the property, the name or names of all owners of the property described, and a statement that the person signing the written authorization is the only person having authority to act on behalf of the owner or owners of the property.

History. Laws 1977, ch. 173, § 1; 1981, ch. 157, § 2; 1991, ch. 51, § 1; 1998, ch. 115, § 2; 2003, ch. 132, § 1; 2006, ch. 114, § 1; 2016, ch. 63, § 1; 2017, ch. 145, § 2.

The 2006 amendment, substituted “18-12-101 through 18-12-140 ” for “18-339 through 18-377” in (a)(xi).

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

The 2016 amendment , effective July 1, 2016, in (a)(ix), added (B); and added (A) designation.

The 2017 amendment, effective July 1, 2017, at the end of (a)(xi), substituted “18-12-141” for “18-12-140.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

This article has been amended to include §§ 18-12-101 through 18-12-140 .

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 18-12-103. Districts authorized; general function.

1. Any unincorporated territory in this state may be formed into an improvement and service district to perform any of the following functions:
   1. Acquire, construct, operate and maintain improvements of local necessity and convenience;
   2. Obtain improvements or services hereunder by contracting for the same with any city, town, county or other entity;
   3. Furnish or perform any special local service which enhances the use or enjoyment of any improvement or facility or enhances the provision of emergency medical services.
2. A district is a separate entity and a political subdivision of the state.
3. Repealed by Laws 1981, ch. 157, § 4.

History. Laws 1977, ch. 173, § 1; 1981, ch. 157, § 4; 2016, ch. 63, § 1.

The 2016 amendment, effective July 1, 2016, added “or enhances the provision of emergency medical services” at the end of (a)(iii).

Jurisdiction. —

Improvement districts are serving a proprietary rather than a governmental function, and the county's role is in support of that proprietary function for purposes of determining jurisdiction. Mountain View/Evergreen Improvement & Serv. Dist. v. Brooks Water & Sewer Dist., 896 P.2d 1355, 1995 Wyo. LEXIS 98 (Wyo. 1995).

The respective assessment districts each have a separate and distinct duty to improve and maintain property in their district, and claims by one against the other are truly adversarial. There is a “matter in controversy between the parties,” which affords subject matter jurisdiction to the district court and gives it authority to adjudicate such a dispute. Mountain View/Evergreen Improvement & Serv. Dist. v. Brooks Water & Sewer Dist., 896 P.2d 1355, 1995 Wyo. LEXIS 98 (Wyo. 1995).

Improvement districts are not like county or school districts.—

Special improvement districts are not governmental entities like a county or a school district, and should have the opportunity to resolve their disputes by having their day in court. Mountain View/Evergreen Improvement & Serv. Dist. v. Brooks Water & Sewer Dist., 896 P.2d 1355, 1995 Wyo. LEXIS 98 (Wyo. 1995).

§ 18-12-104. Jurisdiction.

The commissioners of each county shall hear proceedings for the creation of improvement and service districts within the county which unless specifically otherwise provided, shall be governed by the Special District Elections Act of 1994.

History. Laws 1977, ch. 173, § 1; 1998, ch. 115, § 2.

§ 18-12-105. Commencement by petition.

Proceedings for the formation of a district shall be commenced by filing a petition addressed to the commissioners of the county in which the land proposed to be included in the district is situated. The petition shall be accompanied by a filing fee of two hundred dollars ($200.00).

History. Laws 1977, ch. 173, § 1.

§ 18-12-106. Petition for formation.

A petition to form a district shall be signed by not less than sixty percent (60%) of the persons owning land within the territory proposed to be included in the district, whose land in the proposed district has an assessed value of sixty percent (60%) or more of the assessed value of all of the land within the proposed district.

History. Laws 1977, ch. 173, § 1.

§§ 18-12-107 through 18-12-111. [Repealed.]

Repealed by Laws 1998, ch. 115, § 5.

Editor's notes. —

These sections, which derived from Laws 1977, ch. 173, § 1, related to the procedure for establishing improvement and service districts.

§ 18-12-112. Powers of district.

1. Each district may:
   1. Have and use a corporate seal;
   2. Sue and be sued, and be a party to suits, actions and proceedings;
   3. Enter into contracts for the purpose of providing any authorized improvements and the maintenance and operation thereof, or otherwise to carry out the purposes of the district;
   4. Accept from any public or private source grants, preferred loans, contributions and any other benefits available for use in the furtherance of its purposes;
   5. Borrow money and incur indebtedness and other obligations and evidence the same by certificates, notes or debentures, and issue bonds;
   6. Assess the costs of improvements within the district against the property specially benefited upon a frontage, zone, or other equitable basis, in accordance with benefits;
   7. Adopt bylaws not inconsistent with law;
   8. Establish and collect charges for water, sanitation and related services and the use of improvements or services provided by the district, including authority to change the amount or rate thereof, and to pledge the revenues therefrom for the payment of district indebtedness;
   9. Acquire and own or lease real or personal property, including easements and rights-of-way, within or without the district for district purposes;
   10. Contract with other districts for common use of improvements and services for the benefit of the inhabitants of all contracting districts;
   11. Supply the inhabitants of the district with water for domestic and any other lawful use;
   12. Provide for the collection, treatment or disposal of sewage, waste and storm water of the district and its inhabitants;
   13. Provide for the collection and disposal of garbage or refuse matter;
   14. Provide all services necessary to protect the health and welfare of residents in the district and the value of property therein and to enter into agreements with any public or private agency, institution or person for the furnishing of such services;
   15. Provide for public recreation by means of parks, including but not limited to playgrounds, golf courses, swimming pools or recreation buildings;
   16. Provide for street lighting;
   17. Provide for the opening, widening, extending, straightening and surfacing in whole or part of any street and maintenance, reconstruction, snow removal and clearance for the same or other roads or streets;
   18. Provide for the construction, maintenance, reconstruction and improvement of bridges, culverts, curbs, gutters, drains and works incidental to any street improvement;
   19. Provide subdivision control;
   20. Do any and all other things necessary to carry out the purposes hereof;
   21. With the approval of the board of county commissioners, establish and collect charges for the use of any improvement to cover the cost of operating and maintaining the improvement. Following approval of the county commissioners and upon application by a district, an assessment roll shall be created by the county assessor’s office to facilitate the collection of the improvement operation and maintenance charges, whether or not the assessor has created an assessment roll for the collection of indebtedness;
   22. Provide emergency medical services, enter into agreements with any public or private agency, institution or person for the furnishing of emergency medical services and establish and collect charges for emergency medical services, including authority to change the amount or rate thereof, and to pledge the revenues therefrom for the payment of district indebtedness.

History. Laws 1977, ch. 173, § 1; 1996, ch. 124, § 1; 2009, ch. 61, § 1; 2016, ch. 63, § 1.

The 2009 amendment, effective July 1, 2009, inserted “maintenance, reconstruction” in (a)(xvii) and (xviii) and substituted “or” for “and” in (a)(xvii).

The 2016 amendment , effective July 1, 2016, added (a)(xxii).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 18-12-113. District board of directors.

1. The district shall be managed and controlled by a board of directors consisting of three (3) or five (5) members. The initial board shall consist of three (3) or five (5) members elected at the organizational election. A simple majority of members shall serve an initial term of two (2) years and the remaining members shall serve an initial term of four (4) years after formation of the district and until their successors are elected and qualified at the regular scheduled subsequent director election as provided in W.S. 22-29-112 . Thereafter, members shall be elected for terms of four (4) years. A vacancy occurring on the board during the term of an original director or his successor shall be filled as provided in the Special District Elections Act of 1994.
2. and (c) Repealed by Laws 1981, ch. 157, § 4.
3. Notwithstanding subsection (a) of this section, any district may increase or decrease the membership of its board from three (3) to five (5) members if a proposition for the modification is submitted to a vote of the qualified electors of the district and a majority of those casting their ballots vote in favor of the increase or decrease. Additional offices created under this subsection shall be filled as provided in W.S. 22-29-112(a). At the election, not more than one (1) member shall be elected for a term of two (2) years, and the election ballots shall so state. Each term shall otherwise be four (4) years. A vote to decrease membership shall be in the election preceding the election of three (3) members.

History. Laws 1977, ch. 173, § 1; 1981, ch. 157, §§ 2, 4; 1994, ch. 99, § 2; 1998, ch. 115, § 2; 2009, ch. 86, § 1.

The 2009 amendment, effective July 1, 2009, in (a) inserted “or five (5)” following “three (3)” in the first and second sentences, substituted “A simple majority of members shall serve an initial term of two (2) years and the remaining members shall serve an initial term of four (4) years” for “One (1) shall serve for three (3) years, one (1) for four (4) years and one (1) for five (5) years” preceding “after formation” in the third sentence, and rewrote the fourth sentence; and added (d).

§ 18-12-114. Compensation; officers; rules and regulations; meetings.

1. The members of the board shall serve without compensation but shall receive reimbursement for actual and necessary expenses incurred in connection with the performance of their duties.
2. The board shall adopt rules, regulations and procedures for the district whether or not included in its bylaws, including those to govern the use and enjoyment of public improvements, facilities and services of the district.

History. Laws 1977, ch. 173, § 1.

Wyoming Administrative Procedure Act. —

See §§ 16-3-101(a), (b)(xi).

§ 18-12-115. Cost assessed in accordance with benefits.

When an improvement proposed by the board will benefit specific property in the district to a greater extent than other property the improvement may be financed with an assessment against the property specially benefited upon a frontage, zone or other equitable basis, in accordance with benefits.

History. Laws 1977, ch. 173, § 1.

§ 18-12-116. Resolution of intent to provide for special assessment.

1. The board may declare by resolution their intent to order improvements to be paid for by special assessment. The resolution shall specify:
   1. The nature of the improvement proposed;
   2. The extent of the district to be improved;
   3. The probable cost per unit of measurement as shown by estimates of a qualified engineer;
   4. The time in which the cost will be payable; and
   5. The time when a resolution authorizing the improvements will be considered.
2. Any resolution or directive in the premises may be modified, confirmed or rescinded at any time prior to the passage of the resolution authorizing the improvements.

History. Laws 1977, ch. 173, § 1.

§ 18-12-117. Notice of resolution; hearing; objections.

1. At the request of the board the county clerk shall give notice, by advertisement once in a newspaper of general circulation in the county, to the owners of the property to be assessed to provide:
   1. The nature of the improvement proposed;
   2. The extent of the district to be improved;
   3. The probable cost of the improvement;
   4. The time at which the cost will be payable;
   5. The time when a resolution authorizing the improvements will be considered by the board;
   6. That maps, estimates and schedules showing the approximate amounts to be assessed and all resolutions and proceedings are on file and may be seen or examined at the office of the county clerk or other designated place; and
   7. That all complaints and objections concerning the proposed improvement by owners of property subject to assessment will be heard and considered by the board before final action, under the provisions of the Wyoming Administrative Procedure Act [§§ 16-3-101 through 16-3-115 ].
2. If objections to the improvement are made by owners or agents representing property subject to thirty percent (30%) or more of the projected dollar assessments the improvement may not be authorized and a new resolution for the same or a similar purpose encompassing property representing objections may not be considered within one (1) year thereafter.

History. Laws 1977, ch. 173, § 1.

§ 18-12-118. Notice of apportionment; assessment roll.

1. A copy of the resolution as finally adopted shall be recorded by the county clerk who shall within sixty (60) days after the adoption of the resolution by written notice, mailed or otherwise delivered, notify each owner of property to be assessed of the amount of assessment, the purpose for which the levy is made, the tax against each lot or parcel of land, and the date it becomes delinquent. The county clerk shall also notify each owner of property the amount of any operation and maintenance charges to be assessed within sixty (60) days after the assessment is approved by the board of county commissioners under W.S. 18-12-112(a)(xxi).
2. The county assessor shall prepare a local assessment roll showing land assessed, the total amount of assessment and operation and maintenance charges if approved under W.S. 18-12-112(a)(xxi), the amount of each installment of principal and interest if the same is payable in installments, and the date when each installment will become due, and deliver the same, duly certified, to the county treasurer for collection.

History. Laws 1977, ch. 173, § 1; 1996, ch. 124, § 1; 1998, ch. 115, § 2.

§ 18-12-119. Duty of county officials to levy and collect taxes.

1. The body having authority to levy taxes or make assessments within each county shall levy the taxes or assessments authorized herein and all officials charged with the duty of assessing property and collecting taxes shall assess property and collect proceeds at the time and in the form and manner with like interest and penalties as property is assessed and other taxes are collected, and when collected they shall pay the same to the district ordering the assessment or levy and collection. The payment of the collections shall be made monthly to the treasurer of the district and paid into its depository to the credit of the district. All taxes levied under this act, together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same, constitute, until paid, a perpetual lien on and against the property taxed, and such lien shall be administered as and on a parity with the tax lien of other general taxes.
2. For any district established to provide emergency medical services under W.S. 18-12-112(a)(xxii) at the time of making the levy for county purposes, the county shall levy a tax for that year upon the taxable property in the district in its county for its proportionate share based on assessed valuation of the estimated amount of funds needed by each district providing emergency medical services, but, except as provided in this subsection, in no case shall the tax for the district exceed in any one (1) year the amount of two (2) mills on each dollar of assessed valuation of the property. Up to an additional two (2) mills may be imposed on each dollar of assessed valuation of the property if approved by the board of directors and if approved by the electors as provided in subsection (c) of this section.
3. If the board of directors votes to increase the mill levy beyond two (2) mills as authorized by subsection (b) of this section, the board of county commissioners shall call an election within the district upon the question of whether the mill levy should be increased beyond two (2) mills. The election shall be called, conducted and canvassed as provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112 , on the first date authorized under W.S. 22-21-103 which is not less than sixty (60) days after the board of directors votes to increase the mill levy beyond two (2) mills. In no event shall the tax in a district providing emergency medical services exceed in any one (1) year the amount of four (4) mills on each dollar of assessed valuation of property. The increase in mill levy is effective only if the question is approved by a majority of those voting thereon within the district providing emergency medical services. The cost of any special election under this subsection shall be borne by the board of directors.
4. If the proposition to authorize an additional mill levy is approved, the tax shall remain in effect until a petition to discontinue the tax, signed by not less than ten percent (10%) of the voters of the district, is received by the board of county commissioners, at which time the proposal to discontinue the tax shall be submitted to the voters of the district at the expense of the county at the next general election. If the proposition to impose or discontinue the tax is defeated, the proposition shall not again be submitted to the electors for at least twenty-three (23) months.
5. The board of directors shall administer the finances of the district providing emergency medical services in accordance with W.S. 16-4-101 through 16-4-124 .

History. Laws 1977, ch. 173, § 1; 2016, ch. 63, § 1.

The 2016 amendment , effective July 1, 2016, redesignated the existing language as (a), and added (b) through (e).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 18-12-101(a)(xi).

§ 18-12-120. Bond elections; resolution for submission of proposition to voters.

By resolution of its board a district may submit to its qualified voters, by mail ballot or at an election on a date authorized under W.S. 22-21-103 , as determined by the board of county commissioners, the proposition of issuing bonds pursuant to this act to provide funds for the acquisition, construction, improving or financing of improvements as well as performing services for the benefit of the residents of the district, including any or all expenses incidental thereto or connected therewith.

History. Laws 1977, ch. 173, § 1; 1996, ch. 97, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 18-12-101(a)(xi).

§ 18-12-121. Contents of resolution; notice of election.

1. The resolution shall:
   1. State the purpose for which the bonds are proposed to be issued;
   2. State the estimated amount of money to be raised by the bond issue;
   3. State the principal amount of the bonds;
   4. State the maximum rate of interest on the bonds;
   5. Fix the date of the election;
   6. Fix the manner of holding the election.
2. The notice of bond election shall include the following information:
   1. The amount of the proposed bond issue;
   2. The maximum maturity of the bonds;
   3. Statement by the board of the need for the issuance of the bonds and the purposes for which the proceeds of the bonds shall be devoted;
   4. A description of the exterior boundaries of the district;
   5. A general description of the proposed improvement, utility or local service to be provided by the district;
   6. Repealed by Laws 1981, ch. 157, § 4.

History. Laws 1977, ch. 173, § 1; 1981, ch. 157, § 4.

§ 18-12-122. Election procedures.

1. Except as otherwise provided in this section, the bond elections of districts shall be called by the board of county commissioners at the request of the district and held in accordance with election dates and procedures set forth in W.S. 22-21-101 through 22-21-112 . A proposal submitted in the bond election shall be approved by a majority of the voters in the district casting ballots in the election.
2. The bond election ballot shall specify the name of the district, the total amount of the proposed bond issue, the maximum interest rate payable thereon, the term of years over which the bonds shall be repaid, and a brief description of the improvements, facilities or utilities to be acquired or constructed and the services to be rendered with the proceeds thereof. The question to be submitted on the ballot after such description shall be as follows:

   For Issuance of Bonds • Against Issuance of Bonds •

   Click to view

   The voter shall place a mark in the square space immediately following the proposition shown on the ballot.

3. If requested in the petition and if approved by the commissioners, the commissioners may order that a bond election, as described in subsections (a) and (b) of this section, be held concurrently with the organizational election, and if the bond election is ordered, the notice of election shall include the information required by W.S. 18-12-121(b). The judges of the election shall certify the returns of the election to the commissioners, and if a majority of the votes are in favor of the organization, the commissioners, by resolution shall declare the district organized.
4. through (f) Repealed by 1998 Laws, ch. 115, § 5.
5. A written authorization for voting purposes shall be filed with the election official conducting the special district election not later than thirty (30) days prior to the election.
6. In examining any written authorization required or permitted to be signed by landowners, the county clerk or district secretary shall accept the first written authorization filed unless prior to certification the secretary or county clerk is furnished with written evidence, satisfactory to the county clerk or district secretary, that a new representative has been appointed by the owners, signed by a majority of the persons named as owners on the previously filed written authorization or as shown on a copy of a recorded deed attached to the written authorization.

History. Laws 1977, ch. 173, § 1; 1981, ch. 157, § 2; 1994, ch. 99, § 2; 1996, ch. 97, § 2; 1998, ch. 115, § 2, 5.

§ 18-12-123. Resolution for issuance of bonds.

The board, by resolution, shall determine whether coupon bonds or registered bonds of the district shall be issued and sold to raise money for any of the purposes for which the district was formed, if the bonds are authorized, and shall similarly fix and determine the denomination of each bond, which shall be not less than one thousand dollars ($1,000.00), and the rate of interest which shall be paid thereon, payable annually or semiannually as the board shall by resolution determine, and the resolution shall also fix the number of years that the whole or a part of the bonds shall run and the maturity thereof, neither of which shall exceed twenty-five (25) years from the date of the bond or the date of any series of the bonds.

History. Laws 1977, ch. 1973, § 1; 1981, ch. 143, § 1; 1982, ch. 28, § 1.

§ 18-12-124. Bonds secured by pledge of district.

The payment of the principal and interest on the bonds constitutes a liability of the district. The full faith and credit, and all taxable property lying within the district is pledged for the payment of the bonds in accordance with the terms thereof.

History. Laws 1977, ch. 173, § 1.

§ 18-12-125. Exemption from taxation in this state.

The interest payable upon the bonds is exempt from any taxes levied or assessed by the state of Wyoming or any agency thereof.

History. Laws 1977, ch. 173, § 1.

§ 18-12-126. Offer of bonds by the board; bond brochures.

1. If the majority of the votes cast by the voters at the election on the proposition of issuing bonds of the district favors issuing the bonds, and if the issuance of the bonds is authorized by the board, the bonds may be sold at either public or private sale.
2. After the voters of the district have approved issuance of the bonds, the board may prepare bond brochures to assist in the sale of the bonds. The board shall pay the expenses of preparing the bond brochures from the funds of the district or from the proceeds of the bond issue.

History. Laws 1977, ch. 173, § 1.

§ 18-12-127. Deposit of proceeds of bonds.

Bonds issued by the board shall be sold at the time and in the amounts prescribed by the board but for not less than par. The proceeds of the sale of the bonds, exclusive of any premiums received, shall be deposited to the credit of the district in the county treasury. The proceeds deposited shall be drawn out as other district monies are drawn. The bond proceeds withdrawn shall not be applied to any purposes other than those for which the bonds were issued. Any premiums or accrued interest received from the sale of the bonds shall be deposited in the interest and sinking fund of the district. The expenses incurred for the preparation, sale and delivery of the bonds, including legal fees of independent bond counsel retained by the district are legal charges against the fund of the district and may be paid from the proceeds of the sale of the bonds.

History. Laws 1977, ch. 173, § 1.

§ 18-12-128. Printing of bonds.

After ascertaining the best terms upon, and the lowest interest at which the bonds can be sold, the board shall cause the bonds to be printed, with coupons if any attached, and shall have the bonds consecutively numbered and properly executed.

History. Laws 1977, ch. 173, § 1.

§ 18-12-129. Signature on bonds.

Bonds shall be signed by the chairman and the treasurer of the board and countersigned by the secretary of the board. Coupons, if any, shall be signed by the treasurer of the board. At least one (1) of the signatures or counter signatures on the bond shall be manually affixed. Other signatures or counter signatures may be printed or mechanically reproduced. It is not necessary for any bond to bear the seal of the district.

History. Laws 1977, ch. 173, § 1.

§ 18-12-130. How bonds mature.

All bonds shall mature serially in substantially equal annual installments of principal, or upon an amortization plan for the bonds of the series, or upon an amortization plan for the proposed bonds and all outstanding bonds of the district, or in any other manner as the board may determine.

History. Laws 1977, ch. 173, § 1.

§ 18-12-131. Bonds subject to call and redemption.

All or any part of the bonds issued by the board may be issued subject to call and redemption before maturity at the option of the board. Such bonds and the resolution authorizing issuance thereof shall contain a provision to that effect and the resolution shall contain the price at which the bond shall be redeemed.

History. Laws 1977, ch. 173, § 1.

§ 18-12-132. Register of bonds.

The county treasurer of each county shall keep a bond registration book which shows at all times by proper designation bonds that are authorized and the name in which the owner of each bond is registered.

History. Laws 1977, ch. 173, § 1.

Cross references. —

As to county treasurers generally, see §§ 18-3-801 to 18-3-814 .