§ 24-1-101. Public highways defined and established; creation by adverse possession.

1. On and after January 1, 1924, all roads within this state shall be highways, which have been or may be declared by law to be state or county highways. It shall be the duty of the several boards of county commissioners, within their respective counties, prior to said date, to determine what, if any, such roads now or heretofore traveled but not heretofore officially established and recorded, are necessary or important for the public use as permanent roads, and to cause such roads to be recorded, or if need be laid out, established and recorded, and all roads recorded as aforesaid, shall be highways. No other roads, except roads located on federal public lands prior to October, 1976 which provide access for a private residence or agricultural operation shall be highways upon acceptance by the board of county commissioners of the county where the road is located, shall be highways unless and until lawfully established as such by official authority. Except, nothing contained herein shall be construed as preventing the creation or establishment of a public highway right-of-way with reference to state and county highways under the common-law doctrines of adverse possession or prescription either prior to or subsequent to the enactment hereof. If any such board shall resolve the creation or establishment of a public highway right-of-way based upon the common-law doctrines of adverse possession or prescription, it shall, following the filing of a plat and accurate survey required in accordance with the terms and provisions of W.S. 24-3-109 , proceed with the publication of the proposed road for three (3) successive weeks in three (3) successive issues of some official newspaper published in the county, if any such there be, and if no newspaper be published therein, such notice shall be posted in at least three (3) public places along the line of the proposed road, which notice shall be exclusive of all other notices and may be in the following form: To all whom it may concern: The board of county commissioners of county has resolved the creation and establishment of a public highway right-of-way under the common-law doctrine of prescription in that the road was constructed or substantially maintained by the (either the state or county) for general public use for a period of (ten years or longer) said road commencing at in county, Wyoming, running thence (here describe in general terms the points and courses thereof), and terminating at All objections thereto must be filed in writing with the county clerk of said county before noon on the day of A.D., , or such road will be established without reference to such objections. County Clerk Dated A.D. Click to view
2. The county commissioners shall cause a copy of the above notice to be mailed by registered or certified mail to all persons owning lands or claiming any interest in any lands over or across which the road is proposed to be created or established. The publication, posting and mailings of such notice shall be a legal and sufficient notice to all persons owning lands or claiming any interest in lands over which the proposed road is to be created or established. No viewers or appraisers shall be appointed, nor shall any damage claims be considered or heard, and the sole objections to be heard by the board shall be directed against the creation or establishment of such right-of-way under the common-law doctrines of adverse possession or prescription. Any objector may appeal from the final decision of the board of the county commissioners to the district court of the county in which the land is situated. Notice of such appeal must be made to the county clerk within thirty (30) days after such decision has been made by the board, or such claim shall be deemed to have been abandoned. Within ten (10) days after the notice of an appeal is filed in his office, the county clerk shall make out and file in the office of the clerk of the district court, in his county, a transcript of the papers on file in his office, and the proceedings of the board in relation to such creation and establishment. The proceedings on appeal shall be governed by the Wyoming Administrative Procedure Act. If the appeal is upheld the appellant shall be reimbursed by the county for all reasonable costs of asserting his claim.
3. Only that portion of the state highways actually used, travelled or fenced, which has been used by the general public for a period of ten (10) years or longer, either prior to or subsequent to the enactment hereof, shall be presumed to be public highways lawfully established as such by official authority and unavailability of records to show such to have been lawfully established shall not rebut this presumption.
4. Only that portion of county highways, not to exceed sixty-six (66) feet in width, which was actually constructed or substantially maintained by the county and travelled and used by the general public for a period of ten (10) years or longer, either prior to or subsequent to the enactment hereof, shall be presumed to be public highways lawfully established as such by official authority.

History. Laws 1895, ch. 69, § 1; R.S. 1899, § 1906; C.S. 1910, § 2513; Laws 1919, ch. 112, § 1; C.S. 1920, § 2977; Laws 1921, ch. 100, § 1; R.S. 1931, § 52-201; Laws 1937, ch. 139, § 1; C.S. 1945, § 48-301; Laws 1955, ch. 199, § 1; W.S. 1957, § 24-1; Laws 1967, ch. 56, § 1; 1973, ch. 74, § 1; 2010, ch. 89, § 1; 2012, ch. 98, § 1.

Cross references. —

As to establishment of county highways, see chapter 3 of this title.

As to railroad and telegraph lines being declared public highways, see art. 10, § 12, Wyo. Const.

The 2010 amendment, effective July 1, 2010, inserted the exception in the third sentence of (a).

The 2012 amendment, made stylistic change in the introductory language of (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.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

History of section. —

For discussion of the history of this section, see Nixon v. Edwards, 72 Wyo. 274, 264 P.2d 287, 1953 Wyo. LEXIS 45 (Wyo. 1953).

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).

Regulation of use of highways. —

State may regulate or prohibit use of highways only for promotion of safety, peace and general welfare. Weaver v. Public Serv. Comm'n, 40 Wyo. 462, 278 P. 542, 1929 Wyo. LEXIS 47 (Wyo. 1929).

Control of highways may in certain cases extend to prohibiting their use, and legislature may subject private carrier to appropriate regulations. Weaver v. Public Serv. Comm'n, 40 Wyo. 462, 278 P. 542, 1929 Wyo. LEXIS 47 (Wyo. 1929).

Reasonableness of regulations. —

State or municipal highway regulations must be reasonable, must operate with equality and must have some tendency to accomplish object in view. Weaver v. Public Serv. Comm'n, 40 Wyo. 462, 278 P. 542, 1929 Wyo. LEXIS 47 (Wyo. 1929).

What roads constitute public highways. —

The only publicly traveled roads, not officially established, declared to constitute public highways are those designated as highways on government maps or plats on record in any land office of the United States within the state. Board of County Comm'rs v. Patrick, 18 Wyo. 130, 104 P. 531, 1909 Wyo. LEXIS 26 (Wyo. 1909), reh'g denied, 18 Wyo. 130, 107 P. 748, 1910 Wyo. LEXIS 2 (Wyo. 1910).

Trail never established as public remains private. —

42 U.S.C.S. § 932 (repealed 1976) was merely an offer from the federal government that could be accepted by actions taken locally, and under the Federal Land Policy and Management Act of 1976, 43 U.S.C.S. § 1701 et seq., any rights vested under 43 U.S.C.S. § 932 (repealed 1976) prior to its repeal remained valid, but under Wyo. Stat. Ann. § 24-1-101 , which had remained virtually unchanged since 1919, where the county records showed that a trail over plaintiff ranch owners' land was never recorded or established as a public road, it was not a public road, and the permanent enjoining of defendant hunting guides and two other individuals from using the trail across the owners ranch was affirmed. Yeager v. Forbes, 2003 WY 134, 78 P.3d 241, 2003 Wyo. LEXIS 164 (Wyo. 2003).

The policy of the legislature is that roads should be shown on the records. Ruby v. Schuett, 360 P.2d 170, 1961 Wyo. LEXIS 84 (Wyo. 1961).

A method by which proof could be made that a county road was established would be to show that a copy of the plat and survey notes had been filed in the office of the county clerk. Kern v. Deerwood Ranch, 528 P.2d 910, 1974 Wyo. LEXIS 249 (Wyo. 1974).

The establishment of a roadway, in the absence of consent, constitutes the taking of property by the county for which a party may make a claim for compensation according to constitutional requirements. Kern v. Deerwood Ranch, 528 P.2d 910, 1974 Wyo. LEXIS 249 (Wyo. 1974).

Land to be taken must be identified. —

All persons, including parties whose land is to be taken, are entitled to be informed of the land which the road is to occupy, and the description in the plat should be so definite and certain that a competent surveyor could, based upon the description, determine the road's location. Kern v. Deerwood Ranch, 528 P.2d 910, 1974 Wyo. LEXIS 249 (Wyo. 1974).

Before a county can take the necessary land to establish a roadway it must identify it specifically so that the party owning the land may assert his claim for just compensation. Kern v. Deerwood Ranch, 528 P.2d 910, 1974 Wyo. LEXIS 249 (Wyo. 1974).

Necessity for recording plat of survey, etc. —

A county road could not be established without there having been placed of record a plat of the survey of such road together with the proceedings in relation to its location, establishment or alteration. Rocky Mountain Sheep Co. v. Board of County Comm'rs, 73 Wyo. 11, 269 P.2d 314, 1954 Wyo. LEXIS 11 (Wyo. 1954) (decided prior to the 1967 amendment, which extended the doctrines of adverse possession and prescription to county roads).

The survey and plat establish for all time where the road is located and in effect establish ownership in the county. Kern v. Deerwood Ranch, 528 P.2d 910, 1974 Wyo. LEXIS 249 (Wyo. 1974).

Prescriptive use is not sufficient to establish a public or county road. This must be established by legal authority. Board of County Comm'rs v. White, 547 P.2d 1195, 1976 Wyo. LEXIS 177 (Wyo. 1976).

A public road cannot be established by public user alone, nor by the working of a road by a county. Nixon v. Edwards, 72 Wyo. 274, 264 P.2d 287, 1953 Wyo. LEXIS 45 (Wyo. 1953) (decided prior to the 1967 amendment, which extended the doctrines of adverse possession and prescription to county roads).

Prescription defined. —

As respects highways, prescription is an adverse holding under color of right. Hatch Bros. Co. v. Black, 25 Wyo. 109, 165 P. 518, 1917 Wyo. LEXIS 11 (Wyo. 1917), reh'g denied, 25 Wyo. 416, 171 P. 267, 1918 Wyo. LEXIS 7 (Wyo. 1918).

Requisites of establishment of highway by prescription. —

Public cannot acquire highway by alleged prescriptive use over vacant and unoccupied land as against the mere silence of the owner, unless in addition to use the county commissioners have assumed control and jurisdiction over the road for the statutory period of limitation. Board of County Comm'rs v. Patrick, 18 Wyo. 130, 104 P. 531, 1909 Wyo. LEXIS 26 (Wyo. 1909), reh'g denied, 18 Wyo. 130, 107 P. 748, 1910 Wyo. LEXIS 2 (Wyo. 1910).

Uninterrupted use by public for 19 years of a road diverted from its original course as originally surveyed over uninclosed land is not of itself sufficient to vest title by prescription, in absence of showing that road as used was the only practical one, for user to ripen into title must be adverse to occupancy or actual as opposed to constructive possession. Board of County Comm'rs v. Patrick, 18 Wyo. 130, 104 P. 531, 1909 Wyo. LEXIS 26 (Wyo. 1909), reh'g denied, 18 Wyo. 130, 107 P. 748, 1910 Wyo. LEXIS 2 (Wyo. 1910).

County board's finding that a public road was established under Wyo. Stat. Ann. § 24-1-101 and the common law doctrine of adverse possession or prescription was supported by substantial evidence showing regular public use of the road that was inconsistent with the landowner's rights and the county's maintenance of the road since the 1950s, which effectively rebutted the presumption of permissive use and established sufficient notice to the landowner that an adverse right was being claimed. Also the county's rights to use the road were not limited to the road's historical use because § 24-1-101 (a) creates a “public highway right-of-way.” Boykin v. Carbon County Bd. of Comm'rs, 2005 WY 158, 124 P.3d 677, 2005 Wyo. LEXIS 188 (Wyo. 2005).

Requirements of adverse possession. —

The law of adverse possession or prescription does not contemplate a showing of a person's need for the property adversely possessed. An adverse possessor need only prove that his possession is actual, open, notorious, exclusive and continuous for the statutory period, hostile and under color of title or claim of right. Big Horn County Comm'rs v. Hinckley, 593 P.2d 573, 1979 Wyo. LEXIS 399 (Wyo. 1979).

Permissive use not adverse. —

Permissive use by the public over the land of an individual for a road is not adverse, and will never ripen into title by prescription. Board of County Comm'rs v. Patrick, 18 Wyo. 130, 104 P. 531, 1909 Wyo. LEXIS 26 (Wyo. 1909), reh'g denied, 18 Wyo. 130, 107 P. 748, 1910 Wyo. LEXIS 2 (Wyo. 1910).

Where land is vacant and unoccupied, and remains free to public use and travel until circumstances induce owners to inclose it, mere travel across it by public, without objection from owner, does not enable public to acquire a public road over it by prescription. Board of County Comm'rs v. Patrick, 18 Wyo. 130, 104 P. 531, 1909 Wyo. LEXIS 26 (Wyo. 1909), reh'g denied, 18 Wyo. 130, 107 P. 748, 1910 Wyo. LEXIS 2 (Wyo. 1910).

Procedures to establish road by prescription. —

In order to establish a road by prescription the county need only follow the procedures set forth in this chapter. Big Horn County Comm'rs v. Hinckley, 593 P.2d 573, 1979 Wyo. LEXIS 399 (Wyo. 1979).

Declaratory judgment should not be used to replace specificadministrative relief. —

Declaratory judgment action filed by the County of Washakie was not the appropriate means to establish a prescriptive public easement because, pursuant to Wyo. Stat. Ann. § 24-1-101 , the legislature established a specific statutory procedure that required such claims to be brought initially before the board of county commissioners. Ten Broek v. County of Washakie, 2003 WY 164, 82 P.3d 269, 2003 Wyo. LEXIS 201 (Wyo. 2003).

When points-and-courses description not needed. —

Where there is a map of the proposed road on file, the absence of points-and-courses description of the proposed road in the published notice is a mere irregularity, not fatal to the board's jurisdiction. Big Horn County Comm'rs v. Hinckley, 593 P.2d 573, 1979 Wyo. LEXIS 399 (Wyo. 1979).

Burden of proof is on county seeking to establish highway byprescription. —

County seeking to establish highway by prescription over unimproved and vacant land not expressly or impliedly dedicated to the public by the owner other than by his mere silence, notwithstanding use by the public, has burden of proving assumption of control and jurisdiction over the road. Board of County Comm'rs v. Patrick, 18 Wyo. 130, 104 P. 531, 1909 Wyo. LEXIS 26 (Wyo. 1909), reh'g denied, 18 Wyo. 130, 107 P. 748, 1910 Wyo. LEXIS 2 (Wyo. 1910).

Admissibility of evidence. —

Where, in suit to restrain county from reopening traveled road over plaintiff 's land, it appeared that such road was near section line, and connected at each end with a road shown by a map and certain field notes, and was part of road as traveled, map and field notes were admissible to show line of the road in question as officially recognized, and tending to explain use of land in question by the public. Board of County Comm'rs v. Patrick, 18 Wyo. 130, 104 P. 531, 1909 Wyo. LEXIS 26 (Wyo. 1909), reh'g denied, 18 Wyo. 130, 107 P. 748, 1910 Wyo. LEXIS 2 (Wyo. 1910).

Evidence insufficient to establish highway by prescription.—

In suit to restrain county from reopening a way over plaintiff 's land, evidence was insufficient to show any recognition or control of the way by any board of county commissioners, so as to establish a highway by prescription. Board of County Comm'rs v. Patrick, 18 Wyo. 130, 104 P. 531, 1909 Wyo. LEXIS 26 (Wyo. 1909), reh'g denied, 18 Wyo. 130, 107 P. 748, 1910 Wyo. LEXIS 2 (Wyo. 1910).

Where a county board found that a public road should be established by prescription over private property, the board's finding that the county's maintenance established its assumption of control and jurisdiction over the road was not supported by substantial evidence. Lincoln County Bd. of Comm'rs v. Cook, 2002 WY 23, 39 P.3d 1076, 2002 Wyo. LEXIS 22 (Wyo. 2002).

When mistaken belief may excuse late appeal. —

Where a landowner justifiably, but wrongly, believed that a challenge to the necessity of a road was a condition precedent to a hearing on the elements of adverse possession, he should not be penalized for a late appeal, and the case should be remanded to the district court for entry of an order directing the county board to provide a hearing in accordance with this section. Big Horn County Comm'rs v. Hinckley, 593 P.2d 573, 1979 Wyo. LEXIS 399 (Wyo. 1979).

Section does not apply to an action to establish a right-of-way for a private road over lands of defendants. Such action was governed by the common law under § 8-3-101 (now see § 8-1-104 ). Haines v. Galles, 76 Wyo. 411, 303 P.2d 1004, 1956 Wyo. LEXIS 50 (Wyo. 1956).

Right of public to use highway can only be taken away through official acts of board of county commissioners, and fact that commissioners individually authorized one to move his fence and thereby obstruct such highway is insufficient. Board of County Comm'rs v. Patrick, 18 Wyo. 130, 104 P. 531, 1909 Wyo. LEXIS 26 (Wyo. 1909), reh'g denied, 18 Wyo. 130, 107 P. 748, 1910 Wyo. LEXIS 2 (Wyo. 1910).

Recovery for special damages from obstruction of highway. —

Where plaintiff moving sheep over highway established by this chapter, suffered loss of five sheep and loss of weight of remaining sheep on account of exposure to rain, together with loss of time by reason of defendant having erected fences obstructing highway, plaintiff was entitled to recover damages for injury different from that suffered by public in general. Cottman v. Lochner, 40 Wyo. 378, 278 P. 71, 1929 Wyo. LEXIS 45 (Wyo. 1929).

Effect of section not considered. —

Where defendant did not appeal from judgment for plaintiff in action for obstruction of highway, effect of this section as to determination of road necessary or important for public use by county commissioners, and conclusiveness of finding as to existence of highway, need not be considered on appeal by plaintiff, alleging error in findings as to width of highway. Bishop v. Hawley, 33 Wyo. 271, 238 P. 284, 1925 Wyo. LEXIS 35 (Wyo. 1925).

Applied in

Steplock v. Board of County Comm'rs, 894 P.2d 599, 1995 Wyo. LEXIS 63 (Wyo. 1995).

Law reviews. —

For article “Rights of Way to Mining Claims Across Public Lands in Wyoming,” see 12 Wyo. L.J. 162 (1958).

For casenote, “REAL PROPERTY — Wyoming's Private Road Statutes: Approaching A Dead End? Lindt v. Murray, 895 P.2d 459, 1995 Wyo. LEXIS 78 (Wyo. 1995),” see XXXI Land & Water L. Rev. 443 (1996).

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

Attracting people in such numbers as to obstruct access to the neighboring premises, as nuisance, 2 ALR2d 437.

Liability of governmental unit for injury to traveler from collision with pole erected within highway boundary with governmental sanction, 3 ALR2d 6.

Public regulation and prohibition of sound amplifiers or loudspeaker broadcasts in street, 10 ALR2d 627.

Right of municipality or public to use of subsurface of street or highway for purposes other than sewers, pipes, conduits for wires and the like, 11 ALR2d 180.

Liability of owner or occupier of abutting property for damage caused by fall of tree into highway, 11 ALR2d 607.

Liability for injury resulting from swinging door from abutting property, 16 ALR2d 1161.

Liability of municipal corporation for injury or death occurring from defects in, or negligence in construction, operation or maintenance of electric street lighting equipment, apparatus and the like, 19 ALR2d 344.

Liability for injury on park strip between sidewalk and curb, 19 ALR2d 1053.

Applicability of independent contractor rule to injury or death of third person as result of excavation and refill work on street or highway, 33 ALR2d 7.

Liability for damage to personal property by fall of tree, 33 ALR3d 703.

Liability of municipality for injury resulting from slippery condition of walk, concurring with defect therein, 41 ALR2d 739.

Liability of municipality or other governmental unit for failure to cut weeds, brush or other vegetation obstructing or obscuring view at railroad crossing or street or highway intersection, 42 ALR2d 817.

Liability of municipality for injury to or death of child caused by burning from hot ashes, cinders or other hot waste material in street or highway, 42 ALR2d 930.

Judicial notice of matters relating to public thoroughfares, 48 ALR2d 1102, 86 ALR3d 484.

Description with reference to highway as carrying title to center or side of highway, 49 ALR2d 982.

Construction or maintenance of sewers, water pipes or the like by public authorities in roadway, street or alley as indicating dedication or acceptance thereof, 52 ALR2d 263.

Liability of excavator for injury or damage resulting from explosion or fire caused by his damaging of gas mains and pipes, 53 ALR2d 1083.

Liability for injury or damage by tree or limb overhanging street or highway, 54 ALR2d 1195.

Liability of governmental body for injury or damage from stone or other object on surface of highway thrown by passing vehicle, 56 ALR2d 1392.

Relative rights, as between municipality and abutting landowners, to minerals, oil and gas underlying streets, alleys or parks, 62 ALR2d 1311.

Liability or indemnity insurance carried by governmental unit as affecting immunity from tort liability, 68 ALR2d 1437.

Power to regulate or prohibit driveways across sidewalk, 73 ALR2d 652.

Power to deny abutter access to street or highway, 73 ALR2d 652.

Traffic regulations which interfere with or restrict access to and from abutting property, 73 ALR2d 689.

Width and boundaries of public highway acquired by prescription or adverse user, 76 ALR2d 535.

Liability of municipal corporation to person injured in fall because of slippery substance such as paint or oil deliberately placed upon surface of street, 81 ALR2d 1194.

Relative rights and liabilities of abutting landowners and public authorities in parkways in center of street, 81 ALR2d 1436.

Liability for damages incident to moving of building where permit has been procured, 83 ALR2d 464.

Regulations as to adjustment or removal of wires of public service corporation to permit moving buildings, 83 ALR2d 464.

Liability of occupant of premises for condition of sidewalk, 88 ALR2d 331.

Liability of property owner who, in discharge of a duty and not of a privilege, makes an opening in the sidewalk, 88 ALR2d 331.

Existence of actionable defect in street or highway proper as question for court or jury, 1 ALR3d 496.

Estoppel of municipality as to encroachment upon public streets, 44 ALR3d 257.

Failure to comply with statute regulating travel by pedestrian along highway as affecting right to recovery for injuries or death resulting from collision with automobile, 45 ALR3d 658.

Recovery of value of improvements made with knowledge of impending condemnation, 98 ALR3d 504.

Liability, in motor vehicle-related cases, of governmental entity for injury, death, or property damage resulting from defect or obstruction in shoulder of street or highway, 19 ALR4th 532.

Governmental liability for failure to reduce vegetation obscuring view at railroad crossing or at street or highway intersection, 22 ALR4th 624.

Highways: Governmental duty to provide curve warnings or markings, 57 ALR4th 342.

Liability of private landowner for vegetation obscuring view at highway or street intersection, 69 ALR4th 1092.

§ 24-1-102. Location, survey and construction.

1. Any such highways, and such additional highways in connection therewith as may be provided for, which are designated as state highways, shall be located and surveyed under the direction and supervision of the director of the department of transportation or his authorized representative, who shall cause plans and specifications of the highways to be prepared, and designate the materials to be used in their construction. He shall take into consideration the climate, soil and materials to be had in the vicinity, and the extent and nature of the probable traffic on the highway with a view to the most economical construction consistent with efficiency.
2. Where any such highways are designated as a county highway the same shall be located and surveyed under the direction of the county surveyor of the county in which such highway is located; said county surveyor shall cause plans and specifications of any such highway to be prepared and the board of county commissioners of such county shall designate the materials to be used in their construction. Said board of county commissioners shall take into consideration the climate, soil, and materials to be had in the vicinity, and the extent and nature of the probable traffic on said highway with a view to the most economical construction thereof consistent with efficiency. The expense of locating, surveying, and constructing such county highways shall be paid by the county in which such highway is constructed.

History. Laws 1911, ch. 44, § 6; C.S. 1920, § 2983; R.S. 1931, § 52-202; Laws 1937, ch. 139, § 2; C.S. 1945, § 48-302; W.S. 1957, § 24-2; Laws 1991, ch. 241, § 3.

Cross references. —

As to road construction generally, see § 24-2-108 .

As to designation of state highways, see § 24-2-109 .

As to duty of county surveyor to make survey for new road, see § 24-3-109 .

As to construction and improvement of public roads and highways, see art. 16, § 9, Wyo. Const.

As to construction of roads by mining companies, see § 30-1-128 .

Applied in

Hardendorf v. Board of County Comm'rs, 73 Wyo. 1, 267 P.2d 747, 1954 Wyo. LEXIS 9 (1954).

§ 24-1-103. State transportation commission of Wyoming to acquire right-of-way; when right-of-way becomes state property.

The transportation commission is hereby authorized, required and may proceed under the provisions of W.S. 24-2-109(a), to secure the right-of-way for all state highways presently designated by the transportation commission as part of the state highway system or in the future to be designated as part of the state highway system. When any state highway designated by the transportation commission shall occupy in whole or in part the right-of-way of a formerly constructed highway, whether a county highway or a state highway, so much of the right-of-way as is occupied in the construction of the new highway or reconstruction of the previously constructed highway shall become the property of the state.

History. Laws 1911, ch. 44, § 7; C.S. 1920, § 2984; R.S. 1931, § 52-203; Laws 1937, ch. 139, § 3; C.S. 1945, § 48-303; Laws 1953, ch. 181, § 1; W.S. 1957, § 24-3; Laws 1975, ch. 91, § 1; 1991, ch. 241, § 3.

Applied in

Ross v. Trustees of Univ. of Wyo., 30 Wyo. 433, 222 P. 3, 1924 Wyo. LEXIS 67 (1924); Cottman v. Lochner, 40 Wyo. 378, 278 P. 71, 1929 Wyo. LEXIS 45 (1929); Hardendorf v. Board of County Comm'rs, 73 Wyo. 1, 267 P.2d 747, 1954 Wyo. LEXIS 9 (1954); Stringer v. Board of County Comm'rs, 347 P.2d 197, 1959 Wyo. LEXIS 5 (Wyo. 1959).

Cited in

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

§ 24-1-104. Management and control of county roads.

All county roads shall be under the supervision, management and control of the board of the county commissioners of the county wherein such roads are located, and no county road shall hereafter be established, altered or vacated in any county in this state, except by authority of the board of the county commissioners of the county wherein such road is located, except as is otherwise provided by law.

History. Laws 1895, ch. 69, § 2; R.S. 1899, § 1907; C.S. 1910, § 2514; C.S. 1920, § 2986; R.S. 1931, § 52-205; C.S. 1945, § 48-305; W.S. 1957, § 24-5.

Cross references. —

As to establishment, vacation or alteration of county highways, see chapter 3 of this title.

As to powers and duties of county commissioners with respect to roads, see § 18-3-504 .

General power to manage and control county roads. —

Although the board is given very general powers to manage and control county roads, these must be exercised in a lawful manner, and the statutes governing the actions of the board with reference thereto must be construed in pari materia. Board of County Comm'rs v. White, 547 P.2d 1195, 1976 Wyo. LEXIS 177 (Wyo. 1976).

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).

Establishment by prescription. —

Neither this section, regulating establishment of highways, nor any other statute in state is effective to ripen mere use of road by the public into a title or right by prescription. Board of County Comm'rs v. Patrick, 18 Wyo. 130, 104 P. 531, 1909 Wyo. LEXIS 26 (Wyo. 1909), reh'g denied, 18 Wyo. 130, 107 P. 748, 1910 Wyo. LEXIS 2 (Wyo. 1910).

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).

Theory of implied contract inapplicable. —

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 the road 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).

The obligation to work a road depends upon the exercise of sound discretion by the board, considering the best interest of the county as a whole, taking into consideration the extent of the road's anticipated use, its importance in relation to other roads, the practicability of maintenance and the availability of county finances for that purpose. Board of County Comm'rs v. State, 369 P.2d 537, 1962 Wyo. LEXIS 73 (Wyo. 1962).

When mandamus lies to compel 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).

Vacating road. —

Agreements by board of county commissioners to vacate an established county road by methods other than those by statute provided were null and void. Board of County Comm'rs v. White, 547 P.2d 1195, 1976 Wyo. LEXIS 177 (Wyo. 1976).

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

Liability of private owner or occupant of land abutting highway for injuries or damage resulting from tree falling onto highway, 94 ALR3d 1160.

§ 24-1-105. Width restrictions.

1. All county roads established under this chapter shall not be less than sixty (60) nor more than one hundred (100) feet in width, unless the board of county commissioners determines that a county road be established with a less width; provided, that for the purpose of providing driveways for livestock, the board of county commissioners may open a road to a width not exceeding five hundred (500) feet. Provided, however, that state highways may be established not to exceed three hundred (300) feet in width unless a greater width is necessary for parking facilities, maintenance, excavations, embankments, the deposit of waste materials, or driveways for livestock.
2. Repealed by Laws 1981, ch. 174, § 3.

History. Laws 1895, ch. 69, § 3; R.S. 1899, § 1908; C.S. 1910, § 2515; C.S. 1920, § 2987; R.S. 1931, § 52-206; C.S. 1945, § 48-306; Laws 1953, ch. 181, § 2; W.S. 1957, § 24-6; Laws 1959, ch. 165, § 1; Laws 1981, ch. 174, § 3.

Cross references. —

As to width of livestock crossings, see § 24-1-125 .

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).

Width necessary for most convenient and advantageous trailing of sheep is not conclusive on issue of width of highway. Bishop v. Hawley, 33 Wyo. 271, 238 P. 284, 1925 Wyo. LEXIS 35 (Wyo. 1925).

§ 24-1-106. Closing or restricting use; when necessary.

1. The department of transportation may restrict the use of, or close, any state highway whenever the department considers the closing or restriction of use necessary:
   1. For the protection of the public;
   2. For the protection of the highway from damage during storms or during construction, improvement or maintenance operations thereon; or
   3. For a special event or athletic event pursuant to subsections (b) and (c) of this section.
2. The department of transportation may authorize the complete or partial closure of designated portions of any state highway for the purpose of conducting a special event or athletic event. The director of the department may use equipment and personnel as necessary. The closure may be authorized only if:
   1. A written application for the event is submitted to the department, containing information the department deems necessary and the application is approved by the director;
   2. A county government approves the closure if the closure would restrict the use of any county road in the unincorporated area of the county; and
   3. The closure is implemented in a manner consistent with the rules and regulations of the department and will cause the least inconvenience to the driving public consistent with the requirements of the special event or athletic event.
3. If an event calls for closure of a state highway within an incorporated city or town, for which there is no readily accessible alternate route, the city or town shall request department approval for the closure.
4. For purposes of this section:
   1. “Special event” or “athletic event” means any event which is held outside the corporate limits of any city or town on a state highway but cannot comply with all applicable traffic statutes or ordinances. This shall include, but not be limited to, parades, fairs, exhibitions, motion picture filming, bicycle races and foot races. This definition does not include an event taking place away from a highway which, due to the number of persons attending the event, creates traffic congestion on a highway before and after the event; and
   2. “Partial or complete closure of designated portions of any state highway” means the closing to traffic of any roadway, lane or other portion of a state roadway or highway or any other restriction of the normal use of a highway.

History. Laws 1953, ch. 44, § 1; W.S. 1957, § 24-7; Laws 1991, ch. 241, § 3; 1993, ch. 67, § 1; 1994, ch. 38, § 1.

Cross references. —

As to closing or obstructing of public highways in connection with vacation of plats, see § 34-12-108 .

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

Duty and liability of municipality as regards barriers for protection of adult pedestrians who may unintentionally deviate from street or highway into marginal or external hazards, 44 ALR2d 633.

Liability of municipality for failure to erect warnings to traffic against entering or using street which is partially barred or obstructed by construction or improvement work, 52 ALR2d 689.

Liability of municipality for injury or death resulting from temporary condition or obstruction in street in connection with holiday, entertainment, parade or other special event, 84 ALR2d 508.

Liability, in motor vehicle-related cases, of governmental entity for injury or death resulting from ice or snow on surface of highway or street, 97 ALR3d 11.

Governmental liability for failure to reduce vegetation obscuring view at railroad crossing or at street or highway intersection, 22 ALR4th 624.

Validity, construction, and application of state or local enactments regulating parades, 80 ALR5th 255.

§ 24-1-107. Closing or restricting use; who may close; notice to controlling agency required.

Whenever a dangerous condition is prevailing upon or so near a public highway as to create a menace to public health or safety, members of the Wyoming highway patrol, police departments or sheriff offices may close any highway to traffic when necessary to protect the public from such danger. Whenever such closing of a highway is done the governmental agency having control over said highway shall be immediately notified of the reason of such closing and the location.

History. Laws 1953, ch. 44, § 2; W.S. 1957, § 24-8.

No duty in regard to stray animals. —

There is no common law nor statutory duty which requires an off-duty police officer to corral or warn traffic of stray animals on or near a public roadway; this section, which gives peace officers the authority to close roadways when they become dangerous, is completely discretionary. Hill v. Park County, 856 P.2d 456, 1993 Wyo. LEXIS 125 (Wyo. 1993).

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

Duty of highway construction contractor to provide temporary way or detour around obstruction, 29 ALR2d 876.

§ 24-1-108. Closing or restricting use; public notice.

1. To notify the public that a state highway is closed or its use restricted pursuant to this act [§§ 24-1-106 through 24-1-109 ] notification shall be in one (1) or more of the following forms:
   1. Erect suitable barriers or obstructions upon such highway;
   2. Post warnings and notices of the condition of any such highway;
   3. Post signs for the direction of traffic upon it, or to or upon any other highway or detour open to public travel;
   4. Place warning devices on such highway;
   5. Assign a flagman to warn, detour or direct traffic on such highway.

History. Laws 1953, ch. 44, § 3; W.S. 1957, § 24-9.

Editor's notes. —

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

§ 24-1-109. Closing or restricting use; failure to observe signs and markers; exceptions.

1. Any person who willfully fails to observe any sign, marker, warning, notice, or direction, placed or given under W.S. 24-1-108 is guilty of a misdemeanor, and upon conviction thereof by any court of competent jurisdiction, shall be subject to a fine of not more than seven hundred fifty dollars ($750.00) or to imprisonment for a period not to exceed thirty (30) days, or to both such fine and imprisonment.
2. The department or state highway patrol may allow a person to proceed past any sign, marker, warning, notice or other device posted pursuant to W.S. 24-1-108 under the following circumstances:
   1. The person requesting permission to travel upon a closed road is seeking to travel to a destination beyond the closure point, but in an area unaffected by the conditions warranting the closure;
   2. The department or state highway patrol makes a determination there is no dangerous or hazardous condition which would reasonably preclude the ability of the person to travel on the closed portion of the highway; and
   3. The person making the request shall agree to any conditions or requirements for traveling on the closed portion of the highway which are imposed by the department or state highway patrol.
3. Any permission granted under subsection (b) of this section to travel upon a closed road shall be granted by the department or the state highway patrol on a case-by-case basis, unless otherwise determined by the department or the highway patrol.

History. Laws 1953, ch. 44, § 4; W.S. 1957, § 24-10; 2009, ch. 34, § 1.

The 2009 amendment, effective July 1, 2009, substituted “seven hundred fifty dollars ($750.00)” for “one hundred dollars ($100.00)” in (a); and added (b) and (c).

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).

§ 24-1-110. Speed or acceleration contest or exhibition on highways.

1. No person shall engage in any motor vehicle speed or acceleration contest, or exhibition of speed or acceleration on any highway without approval of such use by the governing body in charge of said highway. No person shall aid or abet in any such motor vehicle speed or acceleration contest or exhibition on any highway, without approval of such use by the governing body in charge of said highway.
2. No person shall for the purpose of facilitating or aiding or as an incident to any motor vehicle speed or acceleration contest upon a highway, in any manner obstruct or place or assist in placing any barricade or obstruction upon any highway without approval of such use by the governing body in charge of said highway.
3. Any person who violates this section shall upon conviction be fined not less than ten dollars ($10) nor more than one hundred dollars ($100), or by imprisonment in the county jail for not more than ten (10) days or both.

History. Laws 1965, ch. 8, § 1; W.S. 1957, § 24-10.2.

Cross references. —

As to regulating traffic on highways, see chapter 5 of title 31.

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

Liability of public authority for injury arising out of automobile race conducted on street or highway, 80 ALR3d 1192.

§ 24-1-111. County road districts.

All counties shall be divided into road districts. The board of county commissioners of each county shall divide their county into road districts of as compact form and convenient size as is practicable, and embracing the territory within an election district, if possible, and may change or alter said road district from time to time as the public convenience may require.

History. Laws 1895, ch. 69, § 32; R.S. 1899, § 1937; C.S. 1910, § 2547; Laws 1913, ch. 59, § 1; C.S. 1920, § 3038; R.S. 1931, § 52-301; C.S. 1945, § 48-338; W.S. 1957, § 24-11.

Cross references. —

As to establishment, vacation or alteration of county highways, see chapter 3 of this title.

§ 24-1-112. Construction and repair of fences to be performed by department of transportation.

1. Except as provided by W.S. 11-24-108(g) or subsection (c) of this section, in the event that fences paralleling state highways, or built on the highway right-of-way need repair or reconstruction to meet legal fence requirements, as set forth in W.S. 11-28-102 , the actual work of repair and reconstruction of the fence, including all corresponding labor costs, shall be performed by the department of transportation.
2. Where any state highway is reconstructed the new right-of-way fence will be constructed and maintained by the department of transportation.
3. Notwithstanding subsection (a) of this section, a landowner or the owner or person having custody or charge of livestock may, but is not obligated to, attempt to repair any fence under this section in order to protect livestock or prevent livestock from entering a highway. Nothing in this subsection shall be deemed to create or increase any liability of a landowner or an owner or person having custody or charge of livestock.

History. Laws 1951, ch. 82, § 1; W.S. 1957, § 24-12; Laws 1967, ch. 212, § 1; 1991, ch. 241, § 3; 2006, ch. 114, § 1; 2013, ch. 76, § 1.

The 2006 amendment, substituted “11-28-102” for “11-33-102” in (a).

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 2013 amendment, added “Except as provided by W.S. 11-24-108(g) or subsection (c) of this section,” in the beginning of (a); and added (c).

Laws 2013, ch. 76, § 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 27, 2013.

Editor's notes. —

Section 11-33-102 , referred to in subsection (a), was redesignated as § 11-28-102 in 1978.

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.”

§ 24-1-113. Owner of unnatural canal to construct and maintain bridge at road crossing; subsequent assumption and maintenance by county.

Any person, company, corporation or association of persons, operating or maintaining in whole or in part, either as owners, agent, occupant or appropriator any ditch, canal or watercourse, not being a natural stream, for irrigation or any other, and different purpose, shall put in, construct, maintain and keep in repair at his, her, its or their expense for one (1) year, where the same crosses any public highway or publicly traveled road, a good substantial bridge, not less than fourteen (14) feet in width, over such ditch, canal or watercourse where it crosses such road. Any violation of the provisions of this section shall be a misdemeanor, and upon conviction thereof, the person so offending shall pay a fine in any sum not exceeding one hundred dollars ($100.00) for each day such ditch, canal or watercourse shall be unbridged, insufficiently bridged, or permitted to remain out of repair; provided, that after the expiration of one (1) year, from the construction of said bridge, the road supervisor of the road district in which said bridge is located, shall upon being notified by the owner or owners of the ditch, canal or watercourse over which said bridge is constructed, at once inspect said bridge, and if found in a good and lawful condition, shall accept the same for the county in which it is located, and said bridge shall thereafter be maintained by the said county.

History. Laws 1895, ch. 69, § 55; R.S. 1899, § 1959; Laws 1901, ch. 21, § 1; C.S. 1910, § 2567; C.S. 1920, § 3058; R.S. 1931, § 52-306; C.S. 1945, § 48-339; W.S. 1957, § 24-13.

Cross references. —

For authority of board of directors of water conservancy district to construct works across public highways, see § 41-3-742 .

As to duty to build bridge when ditch crosses public roads, see § 41-5-104 .

As to removal or destruction of bridges or flumes, see § 41-5-107 .

§ 24-1-114. Bridges between counties.

Whenever it shall appear to be advantageous to any county or counties to build or repair any bridge or bridges over streams constituting the boundary line of such county or counties, or when such bridge or bridges when built will be partly in one (1) county and partly in another county in this state, or when a bridge when built shall be partly in a county of this state and partly in a county of another state, it shall be lawful for the county commissioners of any county in which part of such bridge has been or is to be erected, to join with the other county or counties containing or to contain other parts of the said bridge, in making any contract or contracts for the purpose of procuring the erection or repair of such bridge or bridges on the basis that each of the counties contracting shall pay one-half of the whole expense of building or repairing such bridge or bridges.

History. Laws 1913, ch. 51, § 1; C.S. 1920, § 3069; R.S. 1931, § 52-404; C.S. 1945, § 48-343; W.S. 1957, § 24-14.

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

Liability for negligence of public body or political subdivision operating toll bridge, 43 ALR2d 550.

Liability, in motor vehicle-related cases, of governmental entity for injury or death resulting from design, construction, or failure to warn of narrow bridge, 2 ALR4th 635.

§ 24-1-115. [Repealed.]

Repealed by Laws 1985, ch. 71, § 2.

Cross references. —

As to contracts for county bridge work, see § 24-1-132 .

Editor's notes. —

This section, which derived from Laws 1895, ch. 69, § 59, related to contracts for bridge work.

§ 24-1-116. Restrictions upon damming streams; generally.

No person or persons, company or corporation, or association of persons, shall be permitted or allowed to dam the water or waters of any stream or irrigating or mining ditch or any waterway so that the water thus dammed, or any part thereof, shall overflow any public road or highway, or undermine, weaken or damage any bridge, or any walls or embankment of any road, nor shall any person, association or corporation owning or controlling any ditch or irrigated lands, allow any wastewater from the same to flow across or upon any public road or highway. Any person finding a public road or highway or any bridge flooded or damaged by such wastewater may report the same to the road supervisor of the county in which such road, highway or bridge may be located, who shall make an examination and report to the county attorney for the county. If the report of the said road supervisor shows that such damage has occurred, it shall then be the duty of the county attorney to institute proceedings against the party or parties whose negligence has caused such damage.

History. Laws 1895, ch. 69, § 61; R.S. 1899, § 1965; Laws 1905, ch. 63, § 1; C.S. 1910, § 2575; C.S. 1920, § 3066; R.S. 1931, § 52-402; C.S. 1945, § 48-341; W.S. 1957, § 24-16; Laws 1981, Sp. Sess., ch. 22, § 1.

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

Measure and elements of damages for injury to bridge, 31 ALR5th 171.

§ 24-1-117. Restrictions upon damming streams; effect of failure to comply with W.S. 24-1-116.

Any person or persons, company or corporation, violating the provisions of W.S. 24-1-116 , shall be liable to a fine not to exceed one hundred dollars ($100.00), and shall also be liable to the party injured for any damages resulting therefrom.

History. Laws 1895, ch. 69, § 62; R.S. 1899, § 1966; C.S. 1910, § 2576; C.S. 1920, § 3067; R.S. 1931, § 52-403; C.S. 1945, § 48-342; W.S. 1957, § 24-17.

Cross references. —

As to obstructing or injuring highways or bridges, see § 35-10-401 .

Repealing clauses. —

Laws 1895, ch. 69, § 66, repeals all laws and parts of laws in conflict therewith.

§ 24-1-118. Construction and maintenance to be performed at expense of state; geologic formations.

1. Excepting as such work may be performed through mutual agreement with other entities, either public or private, the construction and maintenance of all state highways, including all bridges, and culverts thereon, shall be performed at the expense of the state and by and under the supervision of the commission and the director of the department of transportation or his authorized representative.
2. When a new permanent highway cut is made that exposes a bedrock geological formation:
   1. It shall be the policy of the state to leave the bedrock geological formation exposed and not to cover it with soil and planted vegetation except when:
      1. There are safety requirements that require another treatment;
      2. The exposure occurs on private, tribal or federal land that will be private, tribal or federal land once the construction is completed and the landowner desires a different reclamation; or
      3. There are cost of construction or operational reasons to remove or cover the exposed formation.
   2. After completion of highway construction, for any exposed bedrock geological formation site within the highway right-of-way, with exceptions for site specific safety needs, an individual wishing to understand the local geology for economic, educational or private curiosity reasons may examine the cut and the exposed formation and may remove any geologic samples as may be gathered by hand or collected using geological hammers or other hand held tools;
   3. The department of transportation shall work with the state geologist to address and resolve any grievances raised under this subsection;
   4. For exposed bedrock geologic formations of interest to the public, the department of transportation may install appropriate signage, in compliance with applicable federal and state law, to identify the geological formation and may consult with the state geologist on the appropriateness of the signage.

History. Laws 1919, ch. 132, § 5; C.S. 1920, § 3029; R.S. 1931, § 52-105; C.S. 1945, § 48-106; W.S. 1957, § 24-18; Laws 1991, ch. 241, § 3; 2019, ch. 64, § 1; ch. 186, § 3.

The 2019 amendments. — The first 2019 amendment, by ch. 64, § 1, effective November 1, 2019, designated former undesignated paragraph as present (a); and added (b).

The second 2019 amendment, by ch. 186, § 3, effective November 1, 2019, in (b)(iii), substituted “under this subsection” for “under subsection (b) of this section.”

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

Cross references. —

As to allocation of costs for construction of county roads, bridges and culverts, see § 24-2-110 .

Liability of director and employee in tort action. —

Fact that cloud of snow surrounding highway truck equipped with snow board made truck invisible to overtaking vehicles, the cloud being augmented by wind, is no reason for imposing liability on highway superintendent (now director) and employee, who were performing their statutory duties in cleaning the road. Price v. State Highway Comm'n, 62 Wyo. 385, 167 P.2d 309, 1946 Wyo. LEXIS 9 (Wyo. 1946).

Evidence supported judgment denying plaintiff recovery for labor furnished in constructing highway. — See Sims v. Southern Sur. Co., 38 Wyo. 165, 265 P. 450, 1928 Wyo. LEXIS 36 (Wyo. 1928).

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

Liability, in motor vehicle-related cases, of governmental entity for injury or death resulting from design, construction, or failure to warn of narrow bridge, 2 ALR4th 635.

§ 24-1-119. State highway fund created; income and expenditure.

There is created a fund known as the state highway fund, to the credit of which the state treasurer, who is designated as the state official to receive all amounts paid by the United States under the act of congress approved July 11, 1916, shall place all monies previously received for the fund, all money subsequently received from the United States, under cooperative agreements as authorized, all money derived from taxes levied for such purpose or appropriated for the fund, all monies received from the sale of state bonds for highway construction or improvement, all money received from the counties under cooperative agreements as hereinbefore authorized, and all other monies received from donations or bequests, which may be accepted by the commission on behalf of the state of Wyoming, or from any source designated by law for that purpose. All monies in the fund shall be available for the purpose of this act without further appropriation and no warrant shall be drawn on the fund excepting on a voucher approved by the director of the department of transportation or an assistant authorized by the director and approved by the transportation commission. It is provided that seventy-five percent (75%) of the amount of any bond issue subsequently issued by the state of Wyoming for the construction or improvement of state highways, after the payment of overhead expense, shall be apportioned to and spent in each county in the proportion which the assessed valuation of each county by the last general assessment bears to the total assessment of the state.

History. Laws 1919, ch. 132, § 10; C.S. 1920, § 3034; R.S. 1931, § 52-111; C.S. 1945, § 48-112; Laws 1949, ch. 16, § 1; W.S. 1957, § 24-19; Laws 1991, ch. 241, § 3.

Cross references. —

As to contracts and agreements with United States government, see § 24-2-112 .

As to state highway bonds, see chapter 8 of this title.

As to deposit of gasoline tax into highway fund, see § 39-17-111 .

Editor's notes. —

The act of congress approved July 11, 1916, referred to in the first sentence, was temporary and is no longer carried in the United States Code.

Meaning of “this act.” —

The words “this act” referred to in the second sentence, refer to Laws 1919, ch. 132, §§ 1 through 15, which appear herein as §§ 24-1-118 through 24-1-120 , 24-2-101 , 24-2-105 through 24-2-110 and 24-2-112 .

Presentation of claims. —

Action on state highway construction contract cannot be maintained without complying with the law as to presentation of claims. Utah Constr. Co. v. State Highway Comm'n, 45 Wyo. 403, 19 P.2d 951, 1933 Wyo. LEXIS 15 (Wyo. 1933).

Presentation of claim to proper auditing officer is a condition precedent to the right to maintain an action thereon. Utah Constr. Co. v. State Highway Comm'n, 45 Wyo. 403, 19 P.2d 951, 1933 Wyo. LEXIS 15 (Wyo. 1933).

Suit against state highway commission is suit against state. —

Suit on road construction contract against state highway commission and its members executed by and in name of commission on behalf of the state was in effect suit against the state, and district court could have no jurisdiction on ground of diversity of citizenship in suit against state. State Highway Com. v. Utah Constr. Co., 278 U.S. 194, 49 S. Ct. 104, 73 L. Ed. 262, 1929 U.S. LEXIS 6 (U.S. 1929).

Pleadings. —

In action against state highway department on construction contract, petition was fatally defective where it did not show that claim was filed in time and filed with the proper officer. Utah Constr. Co. v. State Highway Comm'n, 45 Wyo. 403, 19 P.2d 951, 1933 Wyo. LEXIS 15 (Wyo. 1933).

§ 24-1-120. Administration of provisions; maximum overhead expenses.

It is hereby provided that all expenses of the maintenance of office, offices, salary, salaries, engineering, surveying, field supervision and other overhead expenses in connection with the administration of this act, shall not exceed fifteen percent (15%) of the total amount expended each year under the provisions of this act.

History. Laws 1919, ch. 132, § 13; C.S. 1920, § 3037; R.S. 1931, § 52-112; C.S. 1945, § 48-113; W.S. 1957, § 24-20.

Meaning of “this act.” —

As to meaning of “this act,” referred to twice in this section see “Meaning of ‘this act’ ” note to § 24-1-119 .

Repealing clauses. —

Laws 1919, ch. 132, § 14, repeals Laws 1917, ch. 76, but provides that such repeal should not affect contracts and agreements entered into under the 1917 act.

§ 24-1-121. Highways subject to injury from cattle; designation; entry of order; notice to be posted.

The board of county commissioners of every county, wherein is situated any mountain road or highway or portion thereof, which would be liable to receive unusual injury and damage by driving over the same herds of cattle, horses or flocks of sheep, shall have the power, by order entered in the records of such board of commissioners, to designate so much of such road or highway as would be so liable to receive unusual injury and damage, as, not a highway for herds of horses, cattle or flocks of sheep, a notice of which designation shall be posted at convenient and conspicuous places along, and in the vicinity of the portion of such road or highway so designated, which notices shall likewise reasonably point out the lieu road or highway laid out as hereinafter provided.

History. Laws 1903, ch. 66, § 1; C.S. 1910, § 2544; C.S. 1920, § 3016; R.S. 1931, § 52-235; C.S. 1945, § 48-335; W.S. 1957, § 24-21.

Public Easement. —

Declaratory judgment action filed by the County of Washakie was not the appropriate means to establish a prescriptive public easement because, pursuant to Wyo. Stat. Ann. § 24-1-101 , the legislature established a specific statutory procedure that required such claims to be brought initially before the board of county commissioners. Ten Broek v. County of Washakie, 2003 WY 164, 82 P.3d 269, 2003 Wyo. LEXIS 201 (Wyo. 2003).

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

Person in charge of livestock on highway as “pedestrian” with respect to rights given, and duties imposed, by traffic rules and regulations, 30 ALR2d 866.

Liability of governmental entity for damage to motor vehicle or injury to person riding therein resulting from collision between vehicle and domestic animal at large in street or highway, 52 ALR4th 1200.

§ 24-1-122. Highways subject to injury from cattle; designation of substitute highway.

In case of such designation it shall be the duty of the board of county commissioners of such county to provide in lieu of the portion of such highway, so designated, a highway for herds and flocks of cattle, horses and sheep which shall be reasonably safe and convenient for that purpose and shall be a reasonably convenient way of access to the same place that would otherwise be reached by the portions of the road or highway designated as not a highway for cattle, horses or sheep as aforesaid.

History. Laws 1903, ch. 66, § 2; C.S. 1910, § 2545; C.S. 1920, § 3017; R.S. 1931, § 52-236; C.S. 1945, § 48-336; W.S. 1957, § 24-22.

Public Easement. —

Declaratory judgment action filed by the County of Washakie was not the appropriate means to establish a prescriptive public easement because, pursuant to Wyo. Stat. Ann. § 24-1-101 , the legislature established a specific statutory procedure that required such claims to be brought initially before the board of county commissioners. Ten Broek v. County of Washakie, 2003 WY 164, 82 P.3d 269, 2003 Wyo. LEXIS 201 (Wyo. 2003).

§ 24-1-123. Highways subject to injury from cattle; drover's liability.

Any person who shall drive any herd of horses, cattle or flock of sheep over any portion of any road or highway, so designated as not for horses, cattle or sheep as aforesaid, after such designation and the posting of notices as aforesaid, and after the provision of another reasonable highway for cattle, horses and sheep in lieu thereof as aforesaid, shall be liable to the county in which is situated such mountain road or highway, for any and all damages done thereto, by driving over the same, such flocks or herds of cattle, horses or sheep.

History. Laws 1903, ch. 66, § 3; C.S. 1910, § 2546; C.S. 1920, § 3018; R.S. 1931, § 52-237; C.S. 1945, § 48-337; W.S. 1957, § 24-23.

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

Liability of owner of animal for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 29 ALR4th 431.

§ 24-1-124. Livestock crossings; generally.

The department of transportation may provide suitable livestock crossings on all state highways, having an oil surface, in the state of Wyoming, at places where necessity and convenience require. Ranchmen, farmers and livestock raisers and producers may file with the board of county commissioners of their county a request for livestock crossings, and the various boards of county commissioners shall recommend from time to time to the department of transportation such crossings as they believe will best suit the necessities and convenience of ranchmen, farmers and livestock raisers and producers in their county.

History. Laws 1939, ch. 33, § 1; C.S. 1945, § 48-116; W.S. 1957, § 24-24; Laws 1991, ch. 241, § 3.

Cross references. —

As to fences and cattle guards, see chapter 28 of title 11.

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

Liability for killing or injuring, by motor vehicle, livestock or fowl on highway, 55 ALR4th 822.

§ 24-1-125. Livestock crossings; construction; length and width.

Such livestock crossings shall be constructed of such material that livestock will readily cross over the same and shall not be less than sixty (60) feet in length and the full width of the highway.

History. Laws 1939, ch. 33, § 2; C.S. 1945, § 48-117; W.S. 1957, § 24-25.

§ 24-1-126. Livestock crossings; signs required.

Livestock crossings shall be indicated by conspicuous signs placed on each side of the highway.

History. Laws 1939, ch. 33, § 3; C.S. 1945, § 48-118; W.S. 1957, § 24-26.

§ 24-1-127. Speed on city streets designated state highways.

When city streets are designated as state highways leading into, through, or out of a town or city, the department of transportation shall regulate the speed limits on such streets.

History. Laws 1950, Sp. Sess., ch. 18, § 4; W.S. 1957, § 24-27; Laws 1991, ch. 241, § 3.

Cross references. —

As to applicability of this section, see § 24-7-103 .

§ 24-1-128. Marking of highways.

All center markings and supplementary road shoulder markings on all highways within the boundaries of the state of Wyoming completed in asphalt, oil, concrete, or other hard surface shall be maintained with bright yellow lines, whether or not said markings be solid or broken yellow lines. The director of the department of transportation shall have the duty to enforce the provisions of this section and to provide for the effective maintenance of said yellow markings. The state transportation commission after a hearing may waive the application of this section to any highway or highway project if necessary to promote a safe and effective utilization of such highway or highway project. The governor and the president of the senate and the speaker of the house of representatives of the state of Wyoming shall be notified in writing at least five (5) days before the hearing.

History. Laws 1959, ch. 30, § 1; ch. 179, § 1; W.S. 1957, § 24-27.1; Laws 1991, ch. 241, § 3; 2011, ch. 176, § 1.

The 2011 amendment, substituted “section” for “act” in the third sentence.

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.

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

Highways: governmental duty to provide curve warnings or markings, 57 ALR4th 342.

§ 24-1-129. Marking of bypasses.

It is declared to be the policy of the state of Wyoming that where the Wyoming department of transportation has by law authorized a bypass to be built around any incorporated city or town, or an unincorporated community of the state of Wyoming, regardless of the population of such city, town or unincorporated community, the officially designated state highway and federal highway markings shall remain on the existing highway through the incorporated city or town or unincorporated community and the existing highway shall be retained and the new bypass highway shall carry the designation “bypass” or other similar markings.

History. Laws 1957, ch. 66, § 1; W.S. 1957, § 24-28; Laws 1991, ch. 241, § 3.

§ 24-1-130. Administration of highway safety provisions and programs.

The governor, in addition to other duties and responsibilities conferred upon him by the constitution and laws of this state is hereby empowered to contract and to do all other things necessary to secure the full benefits available to this state under the federal Highway Safety Act of 1966 [23 U.S.C. § 401 et seq.], and in so doing, to cooperate with federal and state agencies, private and public organizations, and with individuals, to effectuate the purposes of that enactment, and any and all subsequent amendments thereto. The governor shall be responsible for and is hereby empowered to administer through such appropriate agency of this state as he shall designate within thirty (30) days from the date hereof, the highway safety programs of this state and those of its political subdivisions, all in accordance with said act and federal rules and regulations in implementation thereof.

History. Laws 1967, ch. 76, § 1; W.S. 1957 § 24-28.1.

§ 24-1-131. Travel centers.

1. The transportation commission and the director of the department of transportation shall ensure that all buildings owned or controlled by the department of transportation and utilized as travel centers are directed and operated by one (1) or more agencies appointed by the transportation commission for the best interests of all Wyoming people. For purposes of this section an agency may be defined as a chamber of commerce, or any state or local governmental entity. If no agency is appointed, the commission shall direct and operate the travel centers.
2. The department of transportation, in consultation with the commission, shall establish facilities at one (1) or more travel centers to accept donations in support of wildlife conservation efforts related to the transportation system. Funds collected under this subsection shall be deposited into the wildlife conservation account created under W.S. 31-2-231(b). In carrying out the requirements of this subsection, the department may enter into agreements with financial institutions or persons operating remote electronic terminals for the collection of donations.

History. Laws 1977, ch. 82,§ 1; W.S. 1957, § 24-28.2; Laws 1991, ch. 241, § 3; 2020, ch. 61, § 1.

The 2020 amendment, effective July 1, 2020, added (b).

§ 24-1-132. Contracts for county, city and town bridge work; bids; exception.

1. The board  of county commissioners of any county or governing body of any city or town shall cause to  be prepared comprehensive plans and specifications for the construction  of any bridge on any dedicated and maintained road in its jurisdiction.
2. As used in this section a bridge is a structure, including supports, erected over a depression or an obstruction, such as water, highway or railway, having a track or passageway for carrying traffic or other moving loads and having an opening measured along the center of the roadway of more than twenty (20) feet between undercopings of abutments, or spring lines of arches, or extreme ends of openings for multiple barrel box culverts. It may include multiple pipes, where the clear distance between openings is less than one-half (1/2) of the smaller contiguous opening.
3. When any bridge  is to be constructed, which includes either new construction or reconstruction  of major load carrying bridge components, upon any road in a county’s, city’s or town’s jurisdiction, the estimated cost of which shall exceed twenty–five thousand  dollars ($25,000.00), the construction work shall be competitively  bid and the bridge work constructed by contract. No contract shall  be divided for the purpose of avoiding competitive bidding. The construction  work may be described in the published call for bids by stating general  requirements. Detailed specifications shall be available to prospective  bidders at the county commissioner’s office or offices of the governing body of the city or town.
4. All bridges to  be constructed shall be designed by a professional engineer who holds  a valid license granted by the Wyoming board of professional engineers and professional  land surveyors.
5. The board of  county commissioners of any county or  governing body of any city or town shall cause notices  of the contract to be let to be published for two (2) consecutive  weeks in a newspaper having general circulation within the state and  to take any other means available to achieve as wide a notice as possible,  but in no case shall any letting of the contract be held within fifteen  (15) days of the last published notice.
6. The board of county commissioners, or  governing body of the city or town shall award any contract to the lowest responsible bidder. The county commissioners or governing body reserves the right to reject any bid and to waive irregularities and informalities in  the bidding. No final payment upon any contract shall be made until  the bridge is examined and approved by  the professional engineer supervising the construction of the bridge and the payment is approved  by the county commissioners or governing  body of the city or town or their designees. Within ninety (90) days of the bridge being opened  to traffic the board of county commissioners or governing body of  the city or town shall notify and provide the design, plans, specifications  and load rating for the bridge to the chief engineer of the department  of transportation so that the department may comply with national  bridge inspection standards.
7. Whenever an emergency  arises requiring expenditure of funds for the repair or rebuilding  of bridges or approaches to bridges the board of county commissioners or governing body of any city or town may enter into contract for any building or rebuilding of bridges  or approaches without advertising for the letting of any contract.  An emergency is an occasion requiring repair or rebuilding of a bridge  or a portion of a bridge when, on short notice, the bridge has become  unsafe or impassable due to events which are beyond the control of  the county, city or town.

History. Laws 1985, ch. 71, § 1; 2018, ch. 73, § 1.

The 2018 amendment, effective July 1, 2018, in (a), inserted “or governing body of any city or town” following “any county” and substituted “maintained road in its jurisdiction” for “maintained county road”; in (c), substituted “any road in a county's, city's or town's jurisdiction, the estimated” for “any county road, the estimated” and added “or offices of the governing body of the city or town” at the end; rewrote (d); in (e), inserted “or governing body of any city or town” following “commissioners of any county”; rewrote (f); in (g), inserted “or governing body of any city or town” following “county commissioners” and added “city or town” at the end; and made stylistic changes.

Failure to advertise. —

County officers are not subject to impeachment for failing to advertise for bids for a bridge, as provided in this section. State v. Scott, 35 Wyo. 108, 247 P. 699, 1926 Wyo. LEXIS 11 (Wyo. 1926).

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

Liability, in motor vehicle-related cases, of governmental entity for injury or death resulting from design, construction or failure to warn of narrow bridge, 2 ALR4th 635.

§ 24-1-133. Posting notice of restrictions to public roads and adjacent lands; restrictions; penalties.

1. No person shall post a notice purporting to restrict access over a public road unless the restriction has been approved by the governing body having jurisdiction over the road.
2. For purposes of this section “public road” means any passageway to which there is a duly recorded instrument from the landowner or his predecessor in interest conveying to the public unrestricted legal right to use the passageway or to which a governing body has acquired unrestricted legal right for the public to use the passageway.
3. The governing body or its authorized representative having jurisdiction over the public road shall issue a written demand to any person who unlawfully posts a notice in violation of subsection (a) of this section directing that the notice be removed within three (3) days following receipt of the notice. The demand shall be delivered in person by a peace officer or mailed by both first class mail and certified mail return receipt requested to the person’s last known mailing address. Any person who knowingly posts an illegal notice or who fails to remove an illegal notice within three (3) days after receiving the demand from the governing body is guilty of a misdemeanor. If the person cannot be personally served because he deliberately made himself unavailable for service, or refused to accept delivery of the demand by certified mail, then he shall be guilty of a misdemeanor if he fails to remove the illegal notice within five (5) days after the demand was mailed to him by the governing body. Any person convicted of a misdemeanor under this section shall be punished by a fine up to six hundred dollars ($600.00) for each day the person fails to remove the illegal notice. For a second or subsequent offense, the penalty shall be a fine of not more than six hundred dollars ($600.00) per day, and up to six (6) months in jail, or both.
4. It shall be a defense to any charge under this section, that severe weather or other circumstance not within control of the person charged prevented removal of the notice.

History. Laws 2002, Sp. Sess., ch. 13, § 1.

Quoted in

Boykin v. Carbon County Bd. of Comm'rs, 2005 WY 158, 124 P.3d 677, 2005 Wyo. LEXIS 188 (2005).

§ 24-1-134. Wyoming veterans memorial highway.

United States Highway 14-Alternate between the city boundaries of Cody, Wyoming and Powell, Wyoming shall be known as the “Wyoming Veterans Memorial Highway.”

History. Laws 2011, ch. 89, § 1.

Appropriations. —

Laws 2011, ch. 89, §§ 2 and 3 provide:

“Section 2. The Wyoming department of transportation shall install appropriate signage, in compliance with all federal and state law and regulation, identifying United States Highway 14-Alternate between the city boundaries of Cody, Wyoming and Powell, Wyoming as the ‘Wyoming Veterans Memorial Highway.’

“Section 3. There is appropriated from the general fund to the Wyoming department of transportation five thousand dollars ($5,000.00). This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2012. This appropriation shall only be expended for the purpose of creating and installing the signage required by section 2 of this act and shall not be expended until five thousand dollars ($5,000.00) has been received by the department of transportation from nonstate sources to assist in paying the costs of creating and installing the signage. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2012. This appropriation shall not be included in the Wyoming department of transportation's 2013-2014 standard biennial budget request.”

Effective dates. —

Laws 2011, ch. 89, § 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 2, 2011.

§ 24-1-135. Vietnam veterans welcome home highway.

United States interstate highway 25 between the Colorado/Wyoming border and its terminus at Buffalo, Wyoming shall be known as the “Wyoming Vietnam Veterans Welcome Home Highway.”

History. Laws 2015, ch. 119, § 1.

§ 24-1-136. Wyoming Women’s Suffrage Pathway-highway designation.

State highway 28 from the Fremont county line northeast to the boundary of the Shoshone national forest shall be known as the “Wyoming Women’s Suffrage Pathway.”

History. Laws 2018, ch. 59, § 1.

Effective date. — Laws 2018, ch. 59, § 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 12, 2018.

§ 24-1-137. Wild Horse Highway.

United States highway 14/16/20 between Wyoming state highway 32 and the city boundary of Cody, Wyoming shall be known as the “Wild Horse Highway.”

History. Laws 2019, ch. 53, § 1.

Effective date. —

Laws 2019, ch. 53, § 3, 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 18, 2019.

§ 24-1-138. Dr. Leonard L. Robinson World War II Bataan Death March memorial bridge.

The bridge on United States Interstate Highway 25 crossing over Center Street in Casper, Wyoming shall be known as the “Dr. Leonard L. Robinson World War II Bataan Death March Memorial Bridge.” The department of transportation shall install appropriate signage, in compliance with applicable federal and state law, to identify the Dr. Leonard L. Robinson World War II Bataan Death March Memorial Bridge.

History. Laws 2020, ch. 138, § 1.

Effective date. — Laws 2020, ch. 138, § 4, makes the act effective July 1, 2020.

§ 24-2-101. Department and commission created; qualifications; appointment; term; removal; compensation; location of offices; power to bring civil actions; official seal.

1. There is created a department of transportation to consist of a transportation commission and a director of the department of transportation. The commission shall consist of seven (7) commissioners, of whom no more than seventy-five percent (75%) shall be registered in the same political party. They shall biennially elect their chairman on or after the first day of March. The commissioners shall be appointed by the governor, by and with the advice and consent of the senate, and each shall serve for a term of six (6) years. The terms of all commissioners appointed after the effective date of this section shall terminate on the last day of February of the sixth year of the term regardless of the date of the beginning of the term. The governor may remove any commissioner as provided in W.S. 9-1-202 .
2. One (1) commissioner shall be appointed from each of the following districts:
   1. District No. 1 composed of the counties of Laramie, Goshen and Platte;
   2. District No. 2 composed of the counties of Albany, Carbon and Sweetwater;
   3. District No. 3 composed of the counties of Lincoln, Teton, Sublette and Uinta;
   4. District No. 4 composed of the counties of Campbell, Johnson and Sheridan;
   5. District No. 5 composed of the counties of Big Horn, Hot Springs, Park and Washakie;
   6. District No. 6 composed of the counties of Crook, Niobrara and Weston;
   7. District No. 7 composed of the counties of Converse, Fremont and Natrona.
3. The appointment in each district shall rotate successively among the several counties comprising the district. If any commissioner ceases to reside in, or for a continuous period of six (6) months or more is absent from the county, the governor shall declare his office vacant and shall appoint a successor from the same county in accordance with W.S. 28-12-101 .
4. Each commissioner shall qualify by taking the constitutional oath of office, and each shall receive a salary of six hundred dollars ($600.00) per year and actual and necessary traveling expenses while away from home in the performance of the duties of office, to be paid from the state highway fund.
5. The commission shall maintain offices at the state capital. The commission is empowered to sue in the name of the “Transportation Commission of Wyoming”, and may be sued by that name in the courts of this state and in no other jurisdiction upon any contract executed by it. The attorney general is the legal advisor of the commission and shall prosecute and defend all actions and shall also appear in all proceedings in any federal department in which the commission is a party or is interested.
6. The commission shall have a seal bearing the words “Transportation Commission of Wyoming, Official Seal”, and all copies of all records and other instruments in the office of the commission, certified under the hand of its secretary with the seal affixed shall be received in any court as prima facie evidence of the original record or instrument.
7. Effective July 1, 1979, appointments and terms shall be in accordance with W.S. 28-12-101 through 28-12-103 .
8. The commission, department and appropriate divisions within the department may operate upon a federal fiscal year basis commencing October 1 of each year. The commission, department and all divisions within the department shall report revenues and expenditures upon a state fiscal year commencing July 1, 2010.

History. Laws 1919, ch. 132, § 1; C.S. 1920, § 3025; Laws 1927, ch. 61, § 1; R.S. 1931, § 52-101; C.S. 1945, § 48-101; Laws 1951, ch. 108, § 1; 1953, ch. 115, § 1; 1957, ch. 13, § 1; W.S. 1957, § 24-29; Laws 1979, ch. 17, § 2; 1987, ch. 175, § 1; 1991, ch. 241, § 3; 2009, ch. 90, § 2; 2016, ch. 119, § 1.

Cross references. —

As to state highway fund, see § 24-1-119 .

As to constitutional oath of office, see art. 6, §§ 20, 21, Wyo. Const.

The 2009 amendment, effective July 1, 2009, added (h).

The 2016 amendment, effective July 1, 2016, substituted “of whom no more than seventy-five percent (75%)” for “not all of whom” in the second sentence of (a).

Editor's notes. —

Laws 2009, ch. 90, § 4 provides: “It is the intent of this act to impose a fiscal year of July 1 through June 30 on all governmental entities in this state, including all agencies, boards, commissions, institutions, instrumentalities, political subdivisions and special districts, no matter how formed, unless specifically exempted or otherwise authorized by law. The intent of this act is to repeal any noncodified provision which conflicts with the provisions of this act, including but not limited to earlier adopted government reorganization acts. Any entity required to change its current fiscal year of operation may elect to extend its current fiscal year or shorten its current fiscal year and commence its next fiscal year on July 1, 2009 or July 1, 2010, as it finds most convenient and efficient for its circumstances.”

Laws 2016, ch. 119, § 2 states as follows: “Nothing in this act shall be deemed to affect the current term of any member of any authority, board, commission, committee or council. The governor shall make appointments in accordance with this act for any vacancy occurring on or after the effective date of this act.”

Sovereign immunity clause. The Governmental Claims Act repealed by implication an earlier statute authorizing suit against the state transportation commission, and therefore the commission was authorized to insert a sovereign immunity provision in its contract with paving contractor. Emulsified Asphalt v. Transportation Comm'n, 970 P.2d 858, 1998 Wyo. LEXIS 182 (Wyo. 1998).

Suit against commission suit against state. —

Suit on road construction contract against state highway commission (now transportation commission) and its members executed by and in name of commission on behalf of the state was in effect suit against the state, and district court could have no jurisdiction on ground of diversity of citizenship in suit against state. State Highway Com. v. Utah Constr. Co., 278 U.S. 194, 49 S. Ct. 104, 73 L. Ed. 262, 1929 U.S. LEXIS 6 (U.S. 1929).

And state has not consented to suit for tort. —

Wyoming has never given its consent that it or the state highway commission (now transportation commission) might be sued for a tort. Price v. State Highway Comm'n, 62 Wyo. 385, 167 P.2d 309, 1946 Wyo. LEXIS 9 (Wyo. 1946).

Petition in action of construction contract. —

In action against state highway department (now department of transportation) on construction contract, petition was fatally defective where it did not show that claim was filed in time and with proper officer. Utah Constr. Co. v. State Highway Comm'n, 45 Wyo. 403, 19 P.2d 951, 1933 Wyo. LEXIS 15 (Wyo. 1933); Price v. State Highway Comm'n, 62 Wyo. 385, 167 P.2d 309, 1946 Wyo. LEXIS 9 (Wyo. 1946).

Applied in

Awe v. University of Wyo., 534 P.2d 97, 1975 Wyo. LEXIS 139 (Wyo. 1975).

Quoted in

Brasel & Sims Constr. Co. v. State Hwy. Comm'n, 655 P.2d 265, 1982 Wyo. LEXIS 418 (Wyo. 1982).

Stated in

State Hwy. Comm'n v. Brasel & Sims Constr. Co., 688 P.2d 871, 1984 Wyo. LEXIS 334 (Wyo. 1984).

Law reviews. —

For article “Liability Insurance as Affecting Immunity from Suit,” see 1 Wyo. L.J. 86.

For comment, “State Level Transportation Management,” see VI Land & Water L. Rev. 701 (1971).

For article, “Governmental Immunity from Damage Actions in Wyoming — Part II,” see VII Land & Water L. Rev. 617 (1972).

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

Liability, in negligence action, of state highway authority, 62 ALR2d 1222.

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.

§ 24-2-102. General powers; power of eminent domain limited.

1. To construct, maintain and supervise the public highways of this state, the department of transportation is authorized to:
   1. Acquire, hold and manage real property in the name of the transportation commission and to develop, improve, operate and maintain the same for any necessary public purpose. Lands acquired for rights-of-way for highways may be up to three hundred (300) feet wide and greater where extra width is necessary for:
      1. Deposits of road building materials;
      2. Deposits of waste materials;
      3. Embankments;
      4. Excavations;
      5. Maintenance;
      6. Parking facilities;
      7. Roadside rest areas; and
      8. Scenic roadside areas.
   2. Sell, exchange, abandon, relinquish or otherwise dispose of real property including land, water and improvements for any necessary purpose in accordance with rules and regulations promulgated by the transportation commission, provided that disposition of water rights shall be in accordance with law.
2. The commission shall not acquire property by eminent domain except for highway rights-of-way as specified by subparagraphs (a)(i)(A) through (F) of this section and only if the property for those purposes is immediately adjacent to the highway right-of-way.

History. Laws 1957, ch. 70, § 1; W.S. 1957, § 24-30; Laws 1983, ch. 139, § 1; 1991, ch. 241, § 3.

Appropriations. —

Laws 2005, ch. 120, § 1, effective July 1, 2005, appropriates $7,000,000 from the budget reserve account to the highway fund to be expended by the transportation commission for engineering and constructing multi-lane state highways in Wyoming as identified by the department of transportation, but not including any highway that is part of the federal interstate highway system. The department is to provide a report on the use and expenditure of the funds appropriated not later than September 1, 2006 to the joint appropriations, joint transportation, highways and military affairs and joint minerals, business and economic development interim committees.

§§ 24-2-103 and 24-2-104. [Repealed.]

Repealed by Laws 1983, ch. 139, § 2.

Editor's notes. —

These sections, which derived from Laws 1957, ch. 70, §§ 2 and 3, related to the purchase and leasing of buildings.

§ 24-2-105. Appointment of director; qualifications; salary and expenses; powers and duties.

1. The commission shall submit a minimum of three (3) names of qualified candidates to the governor who shall appoint a director of the department of transportation. The director shall receive an annual salary as provided by law, payable in equal monthly installments. He shall be allowed his actual and necessary traveling and other expenses incurred in the discharge of his official duties, and shall give his entire time to the duties of his office. With the approval of the commission, the director shall have complete charge of laying out and establishing highways upon which any portion of the state highway fund is to be expended, including expenditures for roads now in existence or in the future to be constructed, which are part of the state highway system which are located within or partially within the national forests’ boundaries, and shall purchase all materials, supplies and equipment, including road-building machinery, materials, supplies and equipment, and shall employ such engineers, superintendents and employees with salaries as provided by law, as necessary for the proper performance of the duties of the department and the construction work undertaken by it. The director, with the approval of the commission, may promulgate and adopt rules and regulations as provided by the Wyoming Administrative Procedure Act, necessary for the proper performance of the duties and functions of the department.
2. Notwithstanding 1991 Wyoming Session Laws, Chapter 241, Section 1(a)(iv), the director of the department of transportation is authorized to regulate and control the expenditure of any administrative funds not otherwise provided by law and not specifically regulated and controlled by the transportation commission.

History. Laws 1919, ch. 132, § 2; C.S. 1920, § 3026; R.S. 1931, § 52-102; C.S. 1945, § 48-102; Laws 1957, ch. 226, § 3; W.S. 1957, § 24-3; Laws 1961, ch. 148, § 36; 1963, ch. 116, § 3; 1965, ch. 115, § 37; 1967, ch. 181, § 2; 1969, ch. 168, § 23; 1971, ch. 27, § 7; 1975, ch. 90, § 1; 1990, ch. 61, § 2; 1991, ch. 241, § 3; 1993, ch. 117, § 1.

Cross references. —

As to state highway fund, see § 24-1-119 .

As to requirement that stated salaries be paid state officers, see art. 14, § 1, Wyo. Const.

Editor's notes. —

Laws 1961, ch. 148, § 6, which amended this section, was repealed in error by Laws 1967, ch. 136, § 671. The section which the legislature intended to repeal was Laws 1961, ch. 148, § 37, which section amended § 26-2-105 .

Laws 1991, ch. 241, § 1, referred to in subsection (b) of this section, granted approval for implementation of the department's October 15, 1990, reorganization plan.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Quoted in

State Hwy. Comm'n v. Brasel & Sims Constr. Co., 688 P.2d 871, 1984 Wyo. LEXIS 334 (Wyo. 1984).

§ 24-2-106. Appointment of chief engineer; duties of director and engineer.

1. With the approval of the commission, the director of the department of transportation shall appoint a qualified chief engineer who shall:
   1. Compile all available information relative to the public roads and bridges within the state;
   2. Prepare standard plans and specifications for the construction of roads, culverts and bridges, and compile data relative to road and bridge materials and their values;
   3. Furnish standard plans, specifications and data to any board of county commissioners or city or town governing body upon request, and advise with a county, city or town with respect to highway and bridge construction and improvements not within the jurisdiction of the department when requested;
   4. Repealed by Laws 2018, ch. 73, §  2.
   5. Be a licensed professional civil engineer, knowledgeable and experienced in highway and bridge construction and maintenance.
2. Repealed by Laws 2018, ch. 73, §  2.

History. Laws 1919, ch. 132, § 8; C.S. 1920, § 3032; R.S. 1931, § 52-109; C.S. 1945, § 48-110; W.S. 1957, § 24-34; Laws 1985, ch. 94, § 1; 1991, ch. 241, § 3; 1993, ch. 117, § 1; 2018, ch. 73, §§ 1, 2.

The 2018 amendments. — The first 2018 amendment, by ch. 73, § 1, effective July 1, 2018, in (a)(iii), substituted “commissioners or city or town governing body upon request, and advise with a county, city or town with respect to highway and bridge construction” for “commissioners upon request, and advise with boards of county commissioners with respect to highway construction.”

The second 2018 amendment, by ch. 73, § 2, effective July 1, 2018, repealed former (a)(iv), which read: “Prepare or approve plans and specifications for all bridges to be constructed by any county, city or town within the state” and former (b), which read: “No contract for the construction of a bridge is valid unless the plans and specifications have been prepared by the director of the department of transportation or the chief engineer or, if prepared by other professional engineers, the bridge designs, plans and specifications have been approved by the director or the chief engineer before the start of construction. The review and approval under this section shall be made without cost to cities, towns and counties. Final payment upon any contract shall not be made until the bridge is inspected and the payment approved by the designer of the bridge and the appropriate governing body.”

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

Law reviews. —

For comment, “Enforcement of Section 208 of the Federal Water Pollution Control Act Amendments of 1972 to Control Nonpoint Source Pollution,” see XIV Land & Water L. Rev. 419 (1979).

§ 24-2-107. Required reports.

The director of the department of transportation shall make an annual report to the commission of the transactions of the department, and on or before December first of each even-numbered year, the commission shall, as required by W.S. 9-2-1014 , report to the governor.

History. Laws 1919, ch. 132, § 9; C.S. 1920, § 3033; R.S. 1931, § 52-110; C.S. 1945, § 48-111; W.S. 1957, § 24-35; Laws 1973, ch. 215, § 1; 1991, ch. 241, § 3.

§ 24-2-108. Road and bridge construction; professional services procurement.

1. All road and bridge construction work, any part of the cost of which is paid from the state highway fund, shall be performed in accordance with the plans and specifications prepared by the director of the department of transportation or the chief engineer and approved by the commission, and shall be performed by or under contracts awarded by the commission. The director with the assistance of the chief engineer shall have complete charge, including expenditures for roads now in existence, or in the future to be constructed, which are part of state highway systems which are located within or partially within the national forests’ boundaries. All improvements costing more than two hundred seventy-five thousand dollars ($275,000.00) shall be constructed under contracts awarded after public notice to the lowest responsible bidder determined qualified by the transportation commission of Wyoming which is given the power to determine the qualifications and responsibilities of bidders. The commission may reject any or all bids and readvertise for bids. Improvements costing sixty thousand dollars ($60,000.00) or less may be constructed by the commission upon force account, with its own forces or under contract, as the commission shall determine. A state highway construction job to be completed within any calendar year period and to cost more than sixty thousand dollars ($60,000.00) shall not be constructed by department of transportation forces in sections or parcels so as to come within the sixty thousand dollars ($60,000.00) limitation. Contracts may be entered into with railroad companies for the construction of grade separation structures at actual cost under terms and conditions approved by the commission. Whenever an emergency arises requiring immediate expenditure of funds for the repair or rebuilding of bridges, approaches to bridges and any roadway, when the bridges, approaches to bridges or roadway are required to be rebuilt immediately and in such short time that in the judgment of the commission the people would be seriously inconvenienced in waiting the regular period for advertising for bids, the commission may enter into contract for any building or rebuilding of bridges, approaches or roadway without advertising for the letting of any contract, provided the amount of the contract shall not exceed one million dollars ($1,000,000.00) and provided the commission requests proposals from at least two (2) contractors capable of performing the emergency construction or repair. The commission shall adopt general rules and regulations for the publication of notice to bidders, the awarding of contracts, and for determining the qualifications and responsibilities of bidders.
2. The commission shall procure the professional services of architects, engineers and surveyors in accordance with W.S. 9-23-105(f) through (h) and 9-23-106(g).

History. Laws 1919, ch. 132, § 3; C.S. 1920, § 3027; Laws 1925, ch. 144, § 1; 1927, ch. 11, § 1; R.S. 1931, § 53-103; Laws 1935, ch. 128, § 1; C.S. 1945, § 48-103; Laws 1951, ch. 114, § 1; W.S. 1957, § 24-36; Laws 1975, ch. 92, § 1; 1991, ch. 241, § 3; 1994, ch. 70, § 1; 2007, ch. 119, § 1; 2020, ch. 29, § 2; ch. 30, § 1.

Cross references. —

As to construction and improvement of public roads and highways, see art. 16, § 9, Wyo. Const.

As to bridges between counties, see § 24-1-114 .

The 2007 amendment, effective July 1, 2007, substituted “two hundred thousand dollars ($200,000.00)” for “one hundred thousand dollars ($100,000.00)”, substituted “forty thousand dollars ($40,000.00)” for “twenty thousand dollars ($20,000.00)” three times and substituted “one million dollars ($1,000,000.00)” for “five hundred thousand dollars ($500,000.00).”

The 2020 amendments. —

The first 2020 amendment, by ch. 29, § 2, effective October 1, 2020, in present (a), substituted “two hundred seventy-five thousand dollars ($275,000.00)” for “two hundred thousand dollars ($200,000.00),” “Improvements costing sixty thousand dollars ($60,000.00) or less” for “Improvements costing less than forty thousand dollars ($40,000.00),” and twice in the fifth sentence, “sixty thousand dollars ($60,000.00)” for “forty thousand dollars ($40,000.00).”

The second 2020 amendment, by ch. 30, § 1, effective October 1, 2020, added (b).

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

For analysis of dispute-resolution provisions of construction contract, see State Highway Comm'n v. Brasel & Sims Constr. Co., 688 P.2d 871, 1984 Wyo. LEXIS 334 (Wyo. 1984).

Changes in plans. —

Highway contract provision requiring changes in plans to be written, signed by state engineer, to entitle contractor to extra compensation was state's protection, and not available to subcontractor. Snowball v. Maney Bros. & Co., 39 Wyo. 84, 270 P. 167, 1928 Wyo. LEXIS 82 (Wyo.), reh'g denied, 39 Wyo. 84, 270 P. 167, 1928 Wyo. LEXIS 83 (Wyo. 1928).

Highway contract requiring changes ordered by state engineer to be written to entitle contractor to extra compensation may be waived or modified by oral contract. Snowball v. Maney Bros. & Co., 39 Wyo. 84, 270 P. 167, 1928 Wyo. LEXIS 82 (Wyo.), reh'g denied, 39 Wyo. 84, 270 P. 167, 1928 Wyo. LEXIS 83 (Wyo. 1928).

Highway subcontractor, continuing work after changes in route, accepting compensation for work and for delay, was not entitled to recover for loss of anticipated profits caused by changes. Snowball v. Maney Bros. & Co., 39 Wyo. 84, 270 P. 167, 1928 Wyo. LEXIS 82 (Wyo.), reh'g denied, 39 Wyo. 84, 270 P. 167, 1928 Wyo. LEXIS 83 (Wyo. 1928).

Suit against commission suit against state. —

Suit on road construction contract against state highway commission (now transportation commission) and its members executed by and in name of commission on behalf of the state was in effect suit against the state, and district court could have no jurisdiction on ground of diversity of citizenship in suit against state. State Highway Com. v. Utah Constr. Co., 278 U.S. 194, 49 S. Ct. 104, 73 L. Ed. 262, 1929 U.S. LEXIS 6 (U.S. 1929).

Pleadings. —

In action against state highway department (now department of transportation) on construction contract, petition was fatally defective where it did not show that claim was filed in time and with proper officer. Utah Constr. Co. v. State Highway Comm'n, 45 Wyo. 403, 19 P.2d 951, 1933 Wyo. LEXIS 15 (Wyo. 1933).

Quoted in

Brasel & Sims Constr. Co. v. State Hwy. Comm'n, 655 P.2d 265, 1982 Wyo. LEXIS 418 (Wyo. 1982).

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

State or local governmental unit's liability for injury to private highway construction worker based on its own negligence, 29 ALR4th 1188.

Public contracts: authority of state or its subdivision to reject all bids, 52 ALR4th 186.

Governmental tort liability for detour accidents, 1 ALR5th 163.

§ 24-2-109. Designation of state highways; vesting of county interest in state; commission authorized to acquire severed portions of land; land to be sold.

1. The transportation commission shall designate public highways to be known as state highways, which may coincide in whole or in part with previously established county roads. When the state highway is defined and designated by resolution entered in the records of the commission, all title and interest of the respective counties, in the road and right-of-way designated, shall pass to and vest in the transportation commission of Wyoming.
2. Pursuant to W.S. 24-2-102 :
   1. Any rights-of-way for state highways not acquired from the respective counties may be acquired;
   2. The commission shall have the authority to acquire by purchase or gift, the parcel or parcels of property that may be severed or damaged as a result of the acquisition of the highway right-of-way; provided, that the commission shall not acquire any such parcel or parcels of land by purchase or gift until full settlement has been made for the damages to the landowner as otherwise provided by law;
   3. Any parcel of land acquired pursuant to paragraph (b)(ii) of this section and not otherwise used for highway purposes or traded for land used for highway purposes shall be offered for sale within two (2) years from the date of the completion of the project for which it was acquired. After written notice to the state building commission, the sale or disposition of this land shall be in accordance with rules and regulations adopted by the transportation commission.

History. Laws 1919, ch. 132, § 4; C.S. 1920, § 3028; R.S. 1931, § 52-104; C.S. 1945, § 48-105; Laws 1953, ch. 163, § 1; 1957, ch. 11, § 1; W.S. 1957, § 24-37; Laws 1961, ch. 36, § 1; 1978, ch. 29, § 1; 1981, ch. 174, § 2; 1983, ch. 139, § 1; 1991, ch. 241, § 3; 1996, ch. 100, § 2.

Cross references. —

As to location, survey and construction of designated highways, see § 24-1-102 .

As to abandonment or relinquishment of portions of state highways, see § 24-3-126 .

As to the capitol building commission, see § 9-5-101 .

Power to establish highways resides primarily in the state, to be exercised under legislative authority, subject to constitutional restriction. Ross v. Trustees of Univ. of Wyo., 30 Wyo. 433, 222 P. 3, 1924 Wyo. LEXIS 67 (Wyo.), reh'g denied, 31 Wyo. 464, 228 P. 642, 1924 Wyo. LEXIS 40 (Wyo. 1924).

No more property rights shall be taken than those reasonably necessary for public use. Woolley v. State Highway Comm'n, 387 P.2d 667, 1963 Wyo. LEXIS 128 (Wyo. 1963).

But taking will be sustained where need within exception to300-foot limitation shown. —

If a need is established to subserve one or more of the purposes enumerated as exceptions to the 300-foot limitation, the taking must be sustained. Woolley v. State Highway Comm'n, 387 P.2d 667, 1963 Wyo. LEXIS 128 (Wyo. 1963).

Term “maintenance” should be given a broad meaning within this section. Woolley v. State Highway Comm'n, 387 P.2d 667, 1963 Wyo. LEXIS 128 (Wyo. 1963).

And it must be construed in the light of the subject matter with which it is used, and a cardinal principle to be kept in mind is, of course, legislative intent. Woolley v. State Highway Comm'n, 387 P.2d 667, 1963 Wyo. LEXIS 128 (Wyo. 1963).

Thus, it includes weighing facilities. —

No undue liberty need be taken with the term “maintenance” to bring within its ambit facilities and provisions appropriate to and connected with the preservation of the highway, as well as its repair, and therefore facilities for control of weight restrictions should be placed in that category. Woolley v. State Highway Comm'n, 387 P.2d 667, 1963 Wyo. LEXIS 128 (Wyo. 1963).

In considering the basic grant of power to the commission to appropriate lands for a limited access highway, including lands for maintenance, and in order to effectuate the purposes of the grant, the supreme court held that authority to include weight check stations and related facilities as an adjunct to maintaining an integrated project of the interstate system is necessarily to be implied. Woolley v. State Highway Comm'n, 387 P.2d 667, 1963 Wyo. LEXIS 128 (Wyo. 1963).

This section permits the commission, with proper approval, to take immediate possession after the commencement of condemnation and to start highway construction. State Highway Comm'n v. Triangle Dev. Co., 369 P.2d 864, 1962 Wyo. LEXIS 75 (Wyo.), reh'g denied, 371 P.2d 408, 1962 Wyo. LEXIS 83 (Wyo. 1962).

Value is determined as of date of taking. —

It cannot be expected that the jury would appraise a strip of land with a highway constructed on it, and the court properly instructed the jury to determine the true value on the date of taking. State Highway Comm'n v. Triangle Dev. Co., 369 P.2d 864, 1962 Wyo. LEXIS 75 (Wyo.), reh'g denied, 371 P.2d 408, 1962 Wyo. LEXIS 83 (Wyo. 1962).

Burden is on condemnees to show commission's proposal is subterfugeto invoke exceptions to 300-foot limitation. —

Under the wording of this section permitting exceptions to the limitation of a 300-foot right-of-way, and the prima facie showing by the commission of compliance therewith, the condemnees have the burden to make some affirmative showing that the commission's proposal was a scheme or subterfuge to invoke the exceptions. Woolley v. State Highway Comm'n, 387 P.2d 667, 1963 Wyo. LEXIS 128 (Wyo. 1963).

Failure to present evidence as to land not actually taken but injuriously affected after deducting benefits accruing from highway. — See Barber v. State Highway Comm'n, 80 Wyo. 340, 342 P.2d 723, 1959 Wyo. LEXIS 40 (Wyo. 1959).

Applied in

Stringer v. Board of County Comm'rs, 347 P.2d 197, 1959 Wyo. LEXIS 5 (Wyo. 1959).

Stated in

Town of Clearmont v. State Hwy. Comm'n, 357 P.2d 470, 1960 Wyo. LEXIS 81 (Wyo 1960).

Cited in

State Hwy. Comm'n v. Rollins, 471 P.2d 324, 1970 Wyo. LEXIS 177 (Wyo. 1970).

Law reviews. —

For note, “Compensation for Condemnation: Recent Wyoming Development,” see 17 Wyo. L.J. 246 (1963).

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

Governmental tort liability as to highway median barriers, 58 ALR4th 559.

§ 24-2-110. Cooperation with counties in construction and maintenance of county roads; allocation of costs; state-county road construction account established.

1. The board of county commissioners of each county shall establish a separate road construction and maintenance fund solely for the construction and maintenance of county roads, bridges and culverts. Work using funds from the road construction and maintenance fund of a county shall be performed under contract awarded after competitive bidding if the estimated cost of the work exceeds fifty thousand dollars ($50,000.00). All work shall be performed under the immediate control and supervision of the board of county commissioners or its authorized representative and in accordance with county road standards as established by the Wyoming county road standards committee. The road construction and maintenance fund program is a supplement to federal aid, primary and secondary road programs in each county. The term “construction and maintenance” as used in this section means construction, reconstruction, surveys, mapping, right-of-way costs, bridges, culverts, general road maintenance and fencing. The county shall use existing grades, bridges and other physical items or facilities in order to minimize or avoid more costly relocation.
2. All expenses of maintaining the road after its construction is completed shall be paid by the county.
3. The gasoline license tax revenues distributed by the department of transportation under W.S. 39-17-111(d)(ii) shall be sent to the county treasurers of the various counties and placed in a separate fund in each county earning its own interest and be expended by the board of county commissioners solely for the road construction and maintenance fund program and as otherwise provided in this subsection. This money shall be allocated as follows:
   1. To the highway fund, an amount equal to the counties’ contribution for the cost of the university’s technology transfer program under W.S. 21-17-115(a)(ii) or thirty-one thousand two hundred fifty dollars ($31,250.00), whichever is less;
   2. The remainder to the counties and the share allocated to each county shall be based fifty percent (50%) upon the percentage ratio which the rural population including the population within the cities and towns with less than one thousand four hundred (1,400) of each county bears to the total rural population of the state and fifty percent (50%) based upon the percentage ratio which the area of each county bears to the area of the state. Any interest earned on the investment of monies in the fund created by this subsection shall be retained by each county and shall be used for project costs as authorized by this section.
4. Repealed by Laws 2008, ch. 24, §  2.
5. Repealed by Laws 2009, ch. 170, § 2.
6. There is created a Wyoming county road standards committee appointed by the governor consisting of:
   1. Three (3) members nominated by the Wyoming county commissioners association, one (1) of whom shall be a registered professional engineer;
   2. Two (2) members nominated by the Wyoming association of consulting engineers and surveyors;
   3. One (1) member nominated by the Wyoming contractors association; and
   4. One (1) member nominated by the Wyoming association of county engineers and road superintendents.
7. It shall be the responsibility of the Wyoming county roads standards committee to furnish standards for the construction and maintenance of county roads to any board of county commissioners upon request, and to advise boards of county commissioners with respect to highway construction, maintenance and improvements. The committee shall meet as necessary, but at least annually.
8. Whenever an emergency arises requiring construction or maintenance work using funds from the road construction and maintenance fund of a county, the board of county commissioners may enter into contract for the work without advertising for the letting of the contract. An emergency is an occasion requiring construction or maintenance work, on short notice, because the road has become unsafe or impassable due to events which are beyond the control of the county.

History. Laws 1919, ch. 132, § 6; C.S. 1920, § 3030; R.S. 1931, § 52-106; Laws 1945, ch. 152, § 1; C.S. 1945, § 48-107; Laws 1947, ch. 12, § 1; 1951, ch. 99, § 1; W.S. 1957, § 24-38; Laws 1974, ch. 16, § 2; 1977, ch. 51, § 2; 1985, ch. 115, § 1; 1989, ch. 164, § 2; ch. 271, § 1; 1990, ch. 118, § 1; ch. 119, § 1; 1991, ch. 241, § 3; 1992, ch. 6, § 2; 1994, ch. 13, § 1; 1998, ch. 5, § 2; 1999, ch. 139, § 1; 2005, ch. 105, § 1; 2007, ch. 119, § 1; 2008, ch. 24, §§ 1, 2; 2009, ch. 170, §§ 1, 2; 2015, ch. 12, § 1.

Cross references. —

As to construction and maintenance to be performed at expense of state, see § 24-1-118 .

As to establishment, vacation or alteration of county highways, see chapter 3 of this title.

The 2005 amendment, effective July 1, 2005, in (d), added the last sentence.

The 2007 amendment, effective July 1, 2007, substituted “fifty thousand dollars ($50,000.00)” for “twenty-five thousand dollars ($25,000.00).”

The 2008 amendment, effective July 1, 2008, inserted variants of “and maintenance” after “construction” in (a), the introductory language of (c), (g), and (h); and inserted “general road maintenance” following “bridges, culverts” in the second from the last sentence of (a); and repealed former (d), pertaining to use of funds.

The 2009 amendment, effective July 1, 2009, in the first sentence, deleted “according to the last federal census” following “the total rural population of the state” in (c)(ii); and repealed (e), which read: “As used in subsection (c) of this section, ‘last federal census’ means the last official federal census conducted by the bureau of the census to become effective on July 1 next following the receipt of the official census figures.”

The 2015 amendment, effective July 1, 2015, substituted “department of transportation” for “state treasurer” in the first sentence in (c).

Legislative intent. —

Laws 1999, ch. 139, § 2, provides: “Effective January 1, 2000, all funds held by the department of transportation in the state-county road construction account for the counties shall be transferred to the respective counties, except the department may withhold the funds from any county having a negative balance for existing projects on that date until such time that the negative balance is eliminated and payment on existing contracts is complete.”

Editor's notes. —

Laws 2009 ch 170 § 3 provides:

“(a) No authority to issue any license based upon population shall be diminished by application of this act until the 2010 federal decennial census has been conducted and officially released by the bureau of census.

“(b) No distribution of funding shall be diminished or increased based upon application of this act until the 2010 federal decennial census has been conducted and officially released by the bureau of census. To the extent any entity's share of funding would be reduced or increased by application of this act before that time, the distribution of funds shall be administered in accordance with the provisions of law prior to the amendment or repeal of such law by this act.”

Appropriations. —

See Laws 2004, ch. 95, § 341, as added by Laws 2005, ch. 191, § 4, for various distributions from the general fund to local governments and state accounts.

Laws 2005, ch. 191, § 400, 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, 2005.

§ 24-2-111. Cooperation with cities in construction of streets connecting state highways and construction of storm sewers along streets designated as state highways.

1. The transportation commission may cooperate with incorporated cities and towns in the construction of public streets and highways, including bridges and culverts, but excepting bypass routes, if the streets or highways constitute direct connections between sections of established state highways. All cooperative work shall be performed under the immediate control and supervision of the director of the department of transportation in accordance with plans and specifications prepared under the supervision of the director or the chief engineer, but no contract shall be let nor work commenced until sixty (60) days after the plans for the work have been submitted and approved by the legislative body of the incorporated city or town. The failure of the legislative body of the incorporated city or town to take official action approving or disapproving the plans within sixty (60) days shall constitute approval for the purpose of this section. The entire cost of construction of the streets and highways and the maintenance, including streets and highways currently in existence, shall be paid by the transportation commission with the following exceptions:
   1. The cost of construction of storm sewers along streets designated as state highways shall be paid by the transportation commission. If the city decides to connect other storm sewers with the one constructed by the commission, the commission shall only pay for the cost of a storm sewer needed to provide drainage for the street. If additional costs are incurred, the cities shall pay these additional costs. The city or town, if the population is over fifteen hundred (1,500) or more, shall pay all costs of, and be responsible for, the cleaning and maintenance of the storm sewers;
   2. The city or town, if it has a population of fifteen hundred (1,500) or more, shall pay all costs of, and be responsible for, the cleaning, sweeping and washing of, and snow removal from the streets and highways. Notwithstanding any other provision of law, the transportation commission may contribute financial assistance to any city or town with a population between fifteen hundred (1,500) and five thousand (5,000) that is performing its duties under this paragraph in a total amount not to exceed twenty dollars ($20.00) per capita annually to the city or town;
   3. The entire cost to the state of the construction, maintenance and acquisition of the necessary right-of-way for any highway route, which constitutes a bypass of any incorporated city or town, and which is constructed for the purpose of satisfying the highway construction standards established by the American Association of State Highway and Transportation Officials and approved by the federal highway administration including access control, regardless whether any portion lies within the corporate limits of any city or town, shall be paid by the transportation commission.

History. Laws 1923, ch. 8, § 1; R.S. 1931, § 52-107; Laws 1933, ch. 29, § 1; 1945, ch. 59, § 1; C.S. 1945, § 48-108; Laws 1957, ch. 89, § 1; W.S. 1957, § 24-39; Laws 1961, ch. 77, § 1; 1975, ch. 110, § 1; 1977, ch. 61, § 1; 1991, ch. 241, § 3; 2000, ch. 21, § 1.

Cross references. —

As to construction and maintenance to be performed at expense of state, see § 24-1-118 .

As to streets in unincorporated towns or villages, see § 24-3-125 .

Editor's notes. —

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

Repealing clauses. —

Laws 1923, ch. 8, § 2, repeals all laws and parts of laws in conflict therewith.

§ 24-2-112. Contracts and agreements with United States government.

The legislature of the state of Wyoming assents to the provisions of the act of congress approved July 11, 1916, entitled “an act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes,” together with all acts and legislation, amendatory or supplementary, or which shall grant or authorize aid for the construction, improvement, maintenance or repair of public roads or highways. The transportation commission is authorized to enter into all contracts and agreements with the United States government relating to the construction and maintenance of roads under the provisions of the act or acts of congress to submit the scheme or program or construction or maintenance as may be required by the federal highway administration and to do all other things necessary fully to carry out the cooperation contemplated and provided for by the act or acts, for the construction or improvement of highways under the act, the good faith of the state is pledged to make available funds sufficient to equal the sums apportioned to the state by or under the United States government during each of the years for which federal funds are appropriated by section 3 of the act and to maintain the roads so constructed with the aid of funds appropriated and to make adequate provisions for carrying out maintenance. Cooperative agreements under the provisions of the act shall be entered into with the federal highway administration only by the commission, but may be for the construction or improvement of either a state highway or a county road. If the road to be improved under such cooperative agreement is a state highway, the state’s share of the expense shall be borne entirely by the state; if the highway to be improved or constructed under such cooperative agreement is not a state highway, the state’s share of the cost of the work shall be divided between the state and the county upon such basis as the commission shall determine, and before an agreement is entered into with the federal highway administration the county must furnish the right-of-way and shall have entered into an agreement with the commission whereby it shall agree to pay its share of the cost and to pay the cost of all subsequent maintenance, work which shall be performed by and under the supervision of the director of the department of transportation, and the county also shall pay into the state highway fund its share of the estimated cost of the construction.

History. Laws 1919, ch. 132, § 7; C.S. 1920, § 3031; R.S. 1931, § 52-108; C.S. 1945, § 48-109; W.S. 1957, § 24-40; Laws 1991, ch. 241, § 3.

Cross references. —

As to cooperative agreements with federal agencies by counties to construct, maintain and use roads, see § 24-3-127 .

As to cooperation with United States in constructing highways for defense, see § 19-7-204 .

Act of congress. —

The act of congress approved July 11, 1916, referred to in the first two sentences, was temporary and is no longer carried in the United States Code.

Quoted in

Woolley v. State Hwy. Comm'n, 387 P.2d 667, 1963 Wyo. LEXIS 128 (Wyo. 1963).

Stated in

Town of Clearmont v. State Hwy. Comm'n, 357 P.2d 470, 1960 Wyo. LEXIS 81 (Wyo 1960).

§ 24-2-113. [Repealed.]

Repealed by Laws 1983, ch. 139, § 2.

Editor's notes. —

This section, which derived from Laws 1925, ch. 143, § 1, related to procurement of property containing road-building material. For present provisions, see § 24-2-102(a)(i)(A).

§ 24-2-114. State agency law enforcement communications system; department duties and responsibilities.

1. The department of transportation shall:
   1. Maintain, install, operate and dispatch the state agency law enforcement communications system as defined by W.S. 9-2-1101(b);
   2. Supervise personnel and budget funds necessary for the maintenance, installation, operation and dispatching of the state agency law enforcement communications system; and
   3. Provide technical assistance and advice as requested by the law enforcement communications commission and by the state [law enforcement] radio communications consultant.
2. The budget for maintenance, operation and dispatching of the state agency law enforcement communications system shall be approved by the director of the department of transportation and by the legislature.

History. Laws 1980, ch. 68, § 1; 1991, ch. 29, § 3; ch. 241, § 3; Laws 1997, ch. 178, § 1; 2012, ch. 30, § 3.

The 2012 amendment, deleted “subject to the supervision of the director of telecommunications as provided by W.S. 9-2-1026 .1” at the end of (a)(i).

Laws 2012, ch. 30, § 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 8, 2012.

State radio communications consultant. —

The bracketed material has been inserted in subsection (a)(iii) to provide the complete proper name of the office being referred to.

§ 24-2-115. Program for specific service signing by businesses or attractions; department duties and responsibilities; contracting of duties; fees.

1. As authorized under W.S. 31-5-406(b), the department of transportation shall establish a program for specific service signing by business entities as part of departmental approved motorist service panels erected within rights-of-way along interstate and primary highways. The program shall be designed for information of interest to the traveling public in accordance with 23 U.S.C. 131(f).
2. In establishing the program under this section, the department shall by rule and regulation:
   1. Provide for application by business entities for the display of its name or logo upon the specific service signing;
   2. Repealed by Laws 2014, ch. 99, §  2.
   3. Establish a uniform initial fee and annual permit fee for applicants to cover the costs of constructing, erecting and maintaining specific service signing, including the costs of contracting for any of these services;
   4. Establish minimum standards for specific service signing by business entities in accordance with the current edition of the manual on uniform traffic control devices;
   5. Provide for oversight of the program and subject to W.S. 9-2-3204(b), may establish necessary procedures for contracting services for the construction, erection and maintenance of highway specific service signing pursuant to this section;
   6. Provide a fee system that includes an initial application fee, fabrication and installation fee and an annual administration and maintenance fee. At a minimum, the fee structure shall be set so that the department is fully reimbursed for all costs associated with specific service signing.
3. All fees collected by the department under the program shall be deposited into the state highway fund.

History. Laws 1988, ch. 31, § 1; 1991, ch. 241, § 3; 1996, ch. 47, § 1; 2014, ch. 99, §§ 1, 2; 2021, ch. 56, § 3.

The 2014 amendment, effective July 1, 2014, substituted “specific service” for “informational” in (a), (b)(i), (b)(iv), and (b)(v); in (a), deleted “roadside information panels” in the first sentence and “advertising and” in the second sentence”; in (b)(v), substituted “the current edition of the manual on uniform traffic control devices” for “23 U.S.C. 315”; in (b)(v), substituted “oversight” for “the administration” and made stylistic changes; added (b)(vi); and in (c), deleted the former first sentence.

The 2021 amendment substituted "9-2-3204(b)" for "9-2-1016(b)" in (b)(v).

Laws 2021, ch. 56, § 7, 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.

§ 24-2-116. Department of transportation state-funded communications facilities.

1. Upon application by a telecommunications company, the Wyoming department of transportation may lease excess capacity on any state-funded communication infrastructure operated by the department of transportation to the telecommunications company. All monies received from any lease executed pursuant to this section shall be deposited into and separately accounted for in the department’s internal service fund specified by W.S. 9-4-204(t)(ii)(B) and governed by W.S. 9-4-205(e). Monies received and deposited under this section are continuously appropriated to the department and shall only be used to maintain, reinforce and repair the WyoLink network and towers.
2. As used in this section:
   1. “Broadband provider” means a telecommunications company as defined by W.S. 37-15-103(a)(xi), a communications company under W.S. 1-26-813(b) or a cable operator as defined by 47 U.S.C. § 522(5);
   2. “Telecommunications company” shall include a broadband provider.

History. Laws 2015, ch. 71, § 1; 2021, ch. 23, § 1.

The 2021 amendment, effective July 1, 2021, added "state-funded" in the section heading; and rewrote the section, which read, "Upon application by a telecommunications company, if the public service commission determines that it is necessary to provide telecommunications service to underserved areas of the state, the Wyoming department of transportation shall lease excess capacity on any communication infrastructure or facility owned by the department of transportation to the telecommunications company. For purposes of this section an area is underserved if private communication providers are unwilling or unable to provide the telecommunication service to a substantial number of households or persons in the geographic area. The rate of the lease shall be a reasonable market-based rate as determined by the public service commission. No telecommunications company may lease excess capacity on a communication infrastructure or facility owned by the department pursuant to this section unless the telecommunications company establishes that excess capacity in that area is unavailable from private commercial communication facility owners. The public service commission may adopt rules and regulations necessary to implement this section. All monies received from any lease executed pursuant to this section shall be deposited into the state general fund."

§ 24-3-101. Resolution by county commissioners; petition of county electors; alteration authority specified.

1. The board of county commissioners of any county, may, on its own motion by resolution duly adopted, where it deems the public interest so requires, initiate the procedure for the establishment, vacation or alteration of a county highway, as the case may be, by setting forth in such resolution the point of commencement, the course and the point of termination of said road to be established, altered or vacated, as the case may be, and thereafter following out the provisions of article 2, chapter 52, Wyoming Revised Statutes, 1931, not inconsistent therewith. If the motion specifies vacation of a county road, alley or highway located within one and one half (1 1/2) miles of the boundary of a city or town, the board shall notify the governing body of the city or town.
2. 1. Any person desiring the establishment, vacation or alteration of a county highway shall file in the office of the county clerk of the proper county, a petition signed by five (5) or more electors of the county residing within twenty-five (25) miles of the road proposed to be established, altered, or vacated, in substance as follows: To the Board of County Commissioners of  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  County. The undersigned ask that a county highway, commencing at  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  and running thence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  and terminating at  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  be established (altered or vacated as the case may be). (b) (i) Any person desiring the establishment, vacation or alteration of a county highway shall file in the office of the county clerk of the proper county, a petition signed by five (5) or more electors of the county residing within twenty-five (25) miles of the road proposed to be established, altered, or vacated, in substance as follows: To the Board of County Commissioners of  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  County. The undersigned ask that a county highway, commencing at  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  and running thence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  and terminating at  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  be established (altered or vacated as the case may be).
3. In altering any county highway under this article or any other road dedicated by recorded plat as a public road, a board of county commissioners may change the designation of any road to a private road. If a board alters any road, it shall reserve the access rights of the area landowners and permit governmental agencies to retain access to that road for performing essential public services. It may also designate a nongovernmental entity to be responsible for the maintenance of any road altered pursuant to this section.

(ii) With said petition shall be filed a list containing the names and also the known post office address of each person owning or having an interest in any land over which the proposed establishment, vacation or alteration of a county highway is to be made.

History. Laws 1895, ch. 69, § 4; R.S. 1899, § 1909; Laws 1913, ch. 73, § 1; C.S. 1920, § 2988; R.S. 1931, § 52-207; Laws 1937, ch. 139, § 4; C.S. 1945, § 48-307; W.S. 1957, § 24-43; Laws 1985, ch. 83, § 1; 1994, ch. 62, § 1; 2005, ch. 164, § 1.

The 2005 amendment, effective July 1, 2005, in (a), added the last sentence.

Editor's notes. —

Article 2, ch. 52, Wyoming Revised Statutes 1931, referred to in subsection (a), appears herein as §§ 24-1-101 through 24-1-105 , 24-1-121 through 24-1-123 , 24-3-101 through 24-3-121 , 24-3-123 through 24-3-125 and 24-9-101 through 24-9-104 .

Chapter not applicable to cities and towns. —

This and following sections are not the statutory provisions to be followed by a city or town in condemnation proceedings. The only section which is applicable is § 1-26-101 (now repealed; see § 1-26-501 ). Newcastle v. Toomey, 78 Wyo. 432, 329 P.2d 264, 1958 Wyo. LEXIS 26 (Wyo. 1958).

Section authorizes board to alter or vacate impractical highway.—

If the board considers a highway impractical or without benefit to the public, this section is clear authority for alteration or vacation. Board of County Comm'rs v. State, 369 P.2d 537, 1962 Wyo. LEXIS 73 (Wyo. 1962).

But agreement to vacate otherwise than by statute providedis void. —

Agreements by board of county commissioners to vacate an established county road by methods other than those by statute provided were null and void. Board of County Comm'rs v. White, 547 P.2d 1195, 1976 Wyo. LEXIS 177 (Wyo. 1976).

County necessary party. —

District court correctly concluded that the issue of whether county had followed the proper procedures for vacating road was not properly before it, because county had not been joined as a party to lawsuit in which plaintiff sought to establish her right-of-way after county vacated its easement. Schott v. Miller, 943 P.2d 1174, 1997 Wyo. LEXIS 109 (Wyo. 1997).

Section 24-3-110 was included in art. 2, ch. 52 of the 1931 Revised Statutes mentioned in this section, and is the principal procedural statute contained therein. Board of County Comm'rs v. White, 547 P.2d 1195, 1976 Wyo. LEXIS 177 (Wyo. 1976).

Nature of proceeding. —

Proceeding for establishment of a public road and the taking of land therefor is a special proceeding. Gillespie v. Board of Comm'rs, 47 Wyo. 1, 30 P.2d 797, 1934 Wyo. LEXIS 6 (Wyo. 1934), limited, Stringer v. Board of County Comm'rs, 347 P.2d 197, 1959 Wyo. LEXIS 5 (Wyo. 1959).

Petition need not state qualifications of petitioners. —

Petition for establishment of public road in absence of statutory requirement need not state qualifications of petitioners. 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).

But petition not signed by required number ineffective. —

Proceedings to establish road would be void if petition therefor clearly showed that it was not signed by the number required by this section. 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).

Incomplete list of property owners is not jurisdictional defect.—

That list of property owners filed with petition to establish public road is not complete is not a jurisdictional defect as to a person named. 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).

Signed waiver of damages as sufficient petition. —

On collateral attack of proceedings to establish road, a so-called waiver of damages for taking land for road could alone properly be considered sufficient petition under this section, for establishing, it having enough signers, describing the proposed road, and it being inferable from its statements that the signers were asking the board to establish the road. 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).

Findings sustained. —

Finding of two papers being fastened together and circulated as petition for establishment was sustained. 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).

Special rights granted to individuals extinguished. —

Since the legislature provided that all title and interest to the vacated portion of a county road reverts to the adjacent landowner subject to only a few designated exceptions, any other special rights-of-way, licenses, or privileges which a county has granted to individuals are extinguished upon vacation of the road and relinquishment of the public's interest. Schott v. Miller, 943 P.2d 1174, 1997 Wyo. LEXIS 109 (Wyo. 1997).

Applied in

Rocky Mountain Sheep Co. v. Board of County Comm'rs, 73 Wyo. 11, 269 P.2d 314, 1954 Wyo. LEXIS 11 (1954).

Stated in

Thomas v. Jultak, 68 Wyo. 198, 231 P.2d 974, 1951 Wyo. LEXIS 23 (1950).

Law reviews. —

For note, “Compensation for Condemnation: Recent Wyoming Development,” see 17 Wyo. L.J. 246 (1963).

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

Effect of regulations as to subdivision map or plat upon vacation of streets and highways, 11 ALR2d 524.

Effect of vacation of highway before conveyance on question whether description with reference to highway carries title to center or side of highway, 49 ALR2d 982.

§ 24-3-102. Requiring deposit by petitioners.

The board of the county commissioners may require, in their discretion, that the petitioners for the establishment, alteration or vacation of a public road, shall deposit with the county clerk, a sufficient sum of money to defray the expenses of laying out, vacating or altering such road, and such expense, when so incurred, shall be paid out of such deposit. If the road is finally established, altered or vacated, the money so deposited shall be returned to the person who deposited the same.

History. Laws 1895, ch. 69, § 5; R.S. 1899, § 1910; C.S. 1910, § 2517; C.S. 1920, § 2989; R.S. 1931, § 52-208; C.S. 1945, § 48-308; W.S. 1957, § 24-44.

§ 24-3-103. Viewer; appointment, qualifications and duties generally.

Upon filing of the petition the board of the county commissioners at a regular or special meeting, or the chairman of the board, if in his judgment an emergency exists, shall appoint a suitable and disinterested person, who may be a member of the board of county commissioners, to examine into the expediency of the proposed road, alteration or vacation thereof, and to report immediately.

History. Laws 1895, ch. 69, § 6; R.S. 1899, § 1911; C.S. 1910, § 2518; C.S. 1920, § 2990; R.S. 1931, § 52-209; C.S. 1945, § 48-309; W.S. 1957, § 24-45; Laws 1985, ch. 83, § 1.

Appointment of viewer without showing of emergency. —

Appointment of road viewer by chairman of the board of county commissioners, without a showing of emergency, is not a jurisdictional defect. 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).

Applied in

Rocky Mountain Sheep Co. v. Board of County Comm'rs, 73 Wyo. 11, 269 P.2d 314, 1954 Wyo. LEXIS 11 (1954).

§ 24-3-104. Viewer; oath; scope of investigation.

The person so appointed shall be termed a viewer, and he shall be sworn by some person or officer authorized by law to administer oaths, before entering upon his duties, to faithfully and impartially discharge his duties, and he shall file his oath in the office of the county clerk. He shall not be confined to the precise matter of the petition, but may inquire or determine whether that, or any road, in the vicinity of the proposed or altered road, answering the same purpose is required.

History. Laws 1895, ch. 69, § 7; R.S. 1899, § 1912; C.S. 1910, § 2519; C.S. 1920, § 2991; R.S. 1931, § 52-210; C.S. 1945, § 48-310; W.S. 1957, § 24-46.

Cross references. —

As to oaths generally, see chapter 2 of title 1.

§ 24-3-105. Viewer; factors to be considered.

In forming his judgment the viewer shall take into consideration both the public and private convenience, and also the expense of the proposed road.

History. Laws 1895, ch. 69, § 8; R.S. 1899, § 1913; C.S. 1910, § 2520; C.S. 1920, § 2992; R.S. 1931, § 52-211; C.S. 1945, § 48-311; W.S. 1957, § 24-47.

§ 24-3-106. Viewer; report.

The said viewer shall report in writing to the board of the county commissioners, whether or not in his judgment, said proposed road is practicable, and ought or ought not be established, altered or vacated, as the case may be, stating the probable expense of the same, including damages to the property owners along the line thereof, the benefits thereto, and such other matters therein as shall enable the said board to act understandingly in the premises.

History. Laws 1895, ch. 69, § 9; R.S. 1899, § 1914; C.S. 1910, § 2521; C.S. 1920, § 2993; R.S. 1931, § 52-212; C.S. 1945, § 48-312; W.S. 1957, § 24-48.

Failure to itemize damages. —

Any defect of viewer's report in not itemizing damages and benefits is not jurisdictional. 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).

Report of viewer held sufficient to show his opinion that proposed road was practicable. — See 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).

§ 24-3-107. Viewer; compensation.

The board of the county commissioners shall allow the said viewer such reasonable compensation for his services as they shall determine and fix upon.

History. Laws 1895, ch. 69, § 10; R.S. 1899, § 1915; C.S. 1910, § 2522; C.S. 1920, § 2994; R.S. 1931, § 52-213; C.S. 1945, § 48-313; W.S. 1957, § 24-49.

§ 24-3-108. Roads established by consent of landowners.

Public roads shall be established without the appointment of a viewer, or without any other proceeding, than the order of the board of county commissioners; provided, that the written consent of all the owners of the land to be used for that purpose, be first filed in the office of the county clerk, and when it is shown to the satisfaction of the said board that the said road is of sufficient importance to be opened and traveled, they shall make an order establishing the same. The board of the county commissioners, when in their judgment such action shall be in the interests of economy or the public good, may purchase or receive donations or rights-of-way for a public road, or any alteration thereof, or any part thereof, from any and all persons along the route thereof, and declare the same opened, whenever the consent of the owners of the land through which said proposed road or alteration shall run, has been obtained, either by the donations of land or when an amicable adjustment of the amount to be paid therefor has been made between such landowners and said board; and all roads or parts of roads or alteration of roads heretofore opened or made, by consent or adjustment of damages, without recourse to other proceedings, are hereby declared to be public roads, the same as if such roads had been legally opened, or said alterations legally made.

History. Laws 1895, ch. 69, § 23; R.S. 1899, § 1928; C.S. 1910, § 2535; C.S. 1920, § 307; R.S. 1931, § 52-226; C.S. 1945, § 48-326; W.S. 1957, § 24-50.

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. —

Right, if any, acquired by public to use road over vacant, unoccupied land is independent of the legality of proceedings for the location of a road along a section line, or the question whether any such proceedings were had. Board of County Comm'rs v. Patrick, 18 Wyo. 130, 104 P. 531, 1909 Wyo. LEXIS 26 (Wyo. 1909), reh'g denied, 18 Wyo. 130, 107 P. 748, 1910 Wyo. LEXIS 2 (Wyo. 1910).

Legislative policy. —

Statute directing recordation of all county highways by county commissioners to January 1, 1924, and providing method for their lawful establishment thereafter, indicates policy that roads should be shown on records. George W. Condon Co. v. Board of County Comm'rs, 56 Wyo. 38, 103 P.2d 401, 1940 Wyo. LEXIS 26 (Wyo. 1940).

What is contemplated by statute. —

This section merely contemplates the omission of the appointment of a viewer, appraisers, etc. The road need not be established and is established only if the commissioners in their discretion order it to be established. Nixon v. Edwards, 72 Wyo. 274, 264 P.2d 287, 1953 Wyo. LEXIS 45 (Wyo. 1953).

Proceedings to create highway to be definite and certain. —

All persons concerned, including those whose property is to be taken, are entitled to be informed of the land to be occupied by the proposed road, so the proceedings to create a highway should be so definite and certain that a competent surveyor could, with the record before him, point out its location. Ruby v. Schuett, 360 P.2d 170, 1961 Wyo. LEXIS 84 (Wyo. 1961).

When assumption of control by board of county commissionersrequired. —

In absence of a dedication, express or implied, by owner of land for a public road other than by his silence, there must be, in addition to use of road over unimproved and vacant lands by the public, assumption of control and jurisdiction by the board of county commissioners for period of limitation, as essential claim of public right can only be made by public through its duly constituted authorities. Board of County Comm'rs v. Patrick, 18 Wyo. 130, 104 P. 531, 1909 Wyo. LEXIS 26 (Wyo. 1909), reh'g denied, 18 Wyo. 130, 107 P. 748, 1910 Wyo. LEXIS 2 (Wyo. 1910).

Consent to establishment of temporary road. —

Landowner's proposal to the board of commissioners that for a term of not to exceed four years or until a certain highway be constructed the county could build a road around flooded portions of the then county road caused by the landowner building a reservoir did not constitute consent to the establishment of a public road over the changed route because of the temporary status of the arrangement. Board of County Comm'rs v. White, 547 P.2d 1195, 1976 Wyo. LEXIS 177 (Wyo. 1976).

Maintenance of roads established by consent of landowners.—

Under the language of this section, that the roads established “are hereby declared to be public roads, the same as if such roads had been legally opened,” maintenance thereof by the public authorities would seem to follow so that the section in no way contradicts or modifies statutory provisions regarding establishment of or responsibility for public roads. Nixon v. Edwards, 72 Wyo. 274, 264 P.2d 287, 1953 Wyo. LEXIS 45 (Wyo. 1953).

Cited in

North Laramie Land Co. v. Hoffman, 30 Wyo. 238, 30 Wyo. 239, 219 P. 561, 1923 Wyo. LEXIS 43 (1923).

§ 24-3-109. Survey of proposed location for new road; recordation required.

If, upon considering and acting upon the report of the viewer, or otherwise, the board of the county commissioners shall decide to lay out such road, they shall cause the county surveyor to make an accurate survey thereof, if such survey is deemed necessary, and to plat and record the same in the book provided by the county for such purpose; and a copy of said plat and notes of survey shall, without unnecessary delay, be filed in the office of the county clerk.

History. Laws 1895, ch. 69, § 11; R.S. 1899, § 1916; C.S. 1910, § 2523; C.S. 1920, § 2995; R.S. 1931, § 52-214; C.S. 1945, § 48-314; W.S. 1957, § 24-51.

Cross references. —

As to duty of county surveyor to make surveys and to keep plats, see § 18-3-702 .

The policy of the legislature is that roads should be shown on the records. Ruby v. Schuett, 360 P.2d 170, 1961 Wyo. LEXIS 84 (Wyo. 1961).

Statute directing recordation of all county highways by county commissioners to January 1, 1924, and providing method for their lawful establishment thereafter, indicates policy that roads should be shown on records. George W. Condon Co. v. Board of County Comm'rs, 56 Wyo. 38, 103 P.2d 401, 1940 Wyo. LEXIS 26 (Wyo. 1940).

Proceedings to create highway should be definite and certain.—

All persons concerned, including those whose property is to be taken, are entitled to be informed of the land to be occupied by the proposed road, so the proceedings to create a highway should be so definite and certain that a competent surveyor could, with the record before him, point out its location. Ruby v. Schuett, 360 P.2d 170, 1961 Wyo. LEXIS 84 (Wyo. 1961).

And general directions are not sufficient. —

General directions, contained in the notice and proceedings of commissioners, without points and courses would not permit a surveyor to ascertain from the description where the road was to be placed and would not, therefore, provide an adequate record of location of the road. Ruby v. Schuett, 360 P.2d 170, 1961 Wyo. LEXIS 84 (Wyo. 1961).

Identifying land to be taken. —

All persons, including parties whose land is to be taken, are entitled to be informed of the land which the road is to occupy, and the description in the plat should be so definite and certain that a competent surveyor could, based upon the description, determine the road's location. Kern v. Deerwood Ranch, 528 P.2d 910, 1974 Wyo. LEXIS 249 (Wyo. 1974).

Before a county can take the necessary land to establish a roadway it must identify it specifically so that the party owning the land may assert his claim for just compensation. Kern v. Deerwood Ranch, 528 P.2d 910, 1974 Wyo. LEXIS 249 (Wyo. 1974).

A method by which proof could be made that a county road was established would be to show that a copy of the plat and survey notes had been filed in the office of the county clerk. Kern v. Deerwood Ranch, 528 P.2d 910, 1974 Wyo. LEXIS 249 (Wyo. 1974).

Quoted in

Steplock v. Board of County Comm'rs, 894 P.2d 599, 1995 Wyo. LEXIS 63 (Wyo. 1995).

Cited in

Sterritt v. Young, 14 Wyo. 146, 82 P. 946, 1905 Wyo. LEXIS 38 , 4 L.R.A. (n.s.) 169 (1905); North Laramie Land Co. v. Hoffman, 30 Wyo. 238, 30 Wyo. 239, 219 P. 561, 1923 Wyo. LEXIS 43 (1923).

§ 24-3-110. Notice of location of road to be published or posted; notice by mail to property owners.

1. Notice shall be published of the proposed location or alteration of any road by posting on the county’s official website in the manner provided in W.S. 18-3-516(f) and by publication for two (2) successive weeks in the designated official newspaper of the county, which notice may be in the following form:

   To all to whom it may concern: The Board of County Commissioners have decided to locate (or alter, as the case may be) a road commencing at in County, Wyoming, running thence (here describe in general terms the points and courses thereof), and terminating at . All objections thereto or claims for damages by reason thereof must be filed in writing with the county clerk of said county, before noon on the day of A.D. or such road will be established (or altered) without reference to such objections or claims for damages. County Clerk Dated A.D.

   Click to view

2. The county commissioners shall cause a copy of the above notice to be mailed by registered mail to all persons owning lands or claiming any interest in any lands over or across which said road is proposed to be located or altered. The publication and posting of such notice shall be a legal and sufficient notice to all persons owning lands or claiming any interest in lands over which the proposed road is to be located or altered.

History. Laws 1895, ch. 69, § 13; R.S. 1899, § 1918; C.S. 1910, § 2525; Laws 1913, ch. 73, § 2; C.S. 1920, § 2997; R.S. 1931, § 52-216; C.S. 1945, § 48-316; W.S. 1957, § 24-52; 2014, ch. 93, § 1.

Cross references. —

As to publication of notices, see § 1-6-201 et seq.

The 2014 amendment, effective July 1, 2014, in (a), substituted “any road by posting on the county's official website in the manner provided in W.S. 18-3-516(f) and by publication for two (2) successive weeks in the designated official newspaper of the county, which” for “any road for three (3) successive weeks in three (3) successive issues of some official news paper published in the county, if any such there be, and if no newspaper be published therein, such notice shall be posted in at least three (3) public places along the line of said proposed or altered road, which.”

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).

This section was included in art. 2, ch. 52 of the 1931 Revised Statutes mentioned in § 24-3-101 and is the principal procedural statute contained therein. Board of County Comm'rs v. White, 547 P.2d 1195, 1976 Wyo. LEXIS 177 (Wyo. 1976).

Application to altering or vacating roads. —

The supreme court has suggested that the provisions of this section be utilized to alter or vacate such roads. Board of County Comm'rs v. White, 547 P.2d 1195, 1976 Wyo. LEXIS 177 (Wyo. 1976).

Although this section itself omits any reference to vacation, any such proposed vacation must proceed with proper notice to those interested, including the traveling public in certain instances. Board of County Comm'rs v. White, 547 P.2d 1195, 1976 Wyo. LEXIS 177 (Wyo. 1976).

Agreements by board of county commissioners to vacate an established county road by methods other than those by statute provided were null and void. Board of County Comm'rs v. White, 547 P.2d 1195, 1976 Wyo. LEXIS 177 (Wyo. 1976).

Legislative policy. —

Statute directing recordation of all county highways by county commissioners to January 1, 1924, and providing method for their lawful establishment thereafter, indicates policy that roads should be shown on records. George W. Condon Co. v. Board of County Comm'rs, 56 Wyo. 38, 103 P.2d 401, 1940 Wyo. LEXIS 26 (Wyo. 1940).

Due process. —

Requirement of due process is satisfied by the prior notice required by this section to be given by commissioners of the proposed location of road, and because claims for damages and objections must be filed in certain time, it then becoming duty of a claimant for damages to take cognizance of all acts or steps thereafter taken in the proceedings, which are public, and claimant may have review by the commissioners of the allowance by the appraisers, and by the court of decision of the commissioners. 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).

When provisions mandatory. —

Statutory provisions for establishment of public road are mandatory and jurisdictional only where for special benefit of interested parties. 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).

Nature of requirement for mailing of notice. —

Where county commissioners published notice of proposed location of road for three successive weeks in newspaper, failure of commissioners to cause copy of notice to be sent by registered mail to owners of lands over which highway was proposed to be laid out did not vitiate proceedings for establishment of road as against collateral attack, since phraseology of statute made provision for notice by registered mail merely directory. Cottman v. Lochner, 40 Wyo. 378, 278 P. 71, 1929 Wyo. LEXIS 45 (Wyo. 1929).

The holding in Cottman v. Lochner, 40 Wyo. 378, 278 P. 71, 1929 Wyo. LEXIS 45 (1929), that the requirement for publication is directory must be taken as far less than a blanket pronouncement that a governmental agency may, by publishing a statement of location of road in the newspaper, foreclose an uninformed landowner's right to damages without an opportunity for hearing. State ex rel. State Highway Comm'n v. Stringer, 77 Wyo. 198, 310 P.2d 730, 1957 Wyo. LEXIS 17 (Wyo. 1957).

Mailing notice minimum compliance with section. —

Where actual notice of a condemnation proceeding is lacking, the minimum compliance with this section requires the mailing of a notice to the affected parties in all cases in which their names and whereabouts are known or may be ascertained with reasonable diligence. State ex rel. State Highway Comm'n v. Stringer, 77 Wyo. 198, 310 P.2d 730, 1957 Wyo. LEXIS 17 (Wyo. 1957).

An oil and gas lease is “an interest in land” within the meaning of this section. State ex rel. State Highway Comm'n v. Stringer, 77 Wyo. 198, 310 P.2d 730, 1957 Wyo. LEXIS 17 (Wyo. 1957).

Notice or presumption of notice as to lessee. —

Defendant in possession of land, as lessee, during all of the time eminent domain proceedings as to the land were taking place, must have had notice thereof, or at least he is presumed to have had notice thereof. State ex rel. State Highway Comm'n v. Meeker, 75 Wyo. 210, 294 P.2d 603, 1956 Wyo. LEXIS 10 (Wyo. 1956).

Sufficient description of land. —

Where description of land proposed to be taken for highway named point where proposed highway begins, its termination and intervening general course, and stated that plans showing location in detail were on file in county clerk's office, description was sufficient against collateral attack by landowner who made no objection during proceeding and did not exercise right of appeal. Miller v. Hagie, 59 Wyo. 383, 140 P.2d 746, 1943 Wyo. LEXIS 19 (Wyo. 1943).

Title to lands proper issue in proceedings. —

Title to lands to be taken or damaged for a highway in condemnation proceedings is a proper issue in such proceedings where it is not made duty of the county to set forth names of persons whose property is proposed to be taken, but rather the right is extended generally to all persons to assert whatever claims for damages they may have by reason of the establishment of 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).

Defect in viewer's report. —

Any defect of viewer's report in not itemizing damages and benefits is not jurisdictional. 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).

Suit to enjoin use of road is collateral attack on establishment of road. 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).

And every presumption is indulged in favor of validity of proceedings to establish road in suit to enjoin obstruction thereof. Cottman v. Lochner, 40 Wyo. 378, 278 P. 71, 1929 Wyo. LEXIS 45 (Wyo. 1929).

Presumption as to qualifications of petitioners. —

It will be presumed on collateral attack that commissioners correctly determined qualifications of petitioners for establishment of public road. 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).

Evidence to show that another paper was part of petition to establish public road is admissible on collateral attack, though incidentally establishing jurisdictional fact. 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).

Applied in

HKD Homesite Co. v. Board of County Comm'rs, 69 Wyo. 236, 240 P.2d 885, 1952 Wyo. LEXIS 2 (1952).

Cited in

Sterritt v. Young, 14 Wyo. 146, 82 P. 946, 1905 Wyo. LEXIS 38 , 4 L.R.A. (n.s.) 169 (1905); Bliss v. Board of County Comm'rs, 70 Wyo. 42, 244 P.2d 508, 1952 Wyo. LEXIS 19 (1952); Ruby v. Schuett, 360 P.2d 170, 1961 Wyo. LEXIS 84 (Wyo. 1961).

§ 24-3-111. Objections and claims for damages; when filed.

If the board of the county commissioners shall determine to establish, lay out or alter any road, they shall appoint a day, not less than thirty (30) days after such determination, on or before which day all objections to the establishment, alteration or vacation of the proposed road, and claims for damages by reason thereof, shall be filed with the county clerk.

History. Laws 1895, ch. 69, § 12; R.S. 1899, § 1917; C.S. 1910, § 2524; C.S. 1920, § 2996; R.S. 1931, § 52-215; C.S. 1945, § 48-315; W.S. 1957, § 24-53.

Due process. —

Where title to right-of-way for road was acquired by proceedings to locate the road, and an opportunity was given owner to present his claim for damages in manner prescribed by statute, his property was not taken without due process of law. Kelly v. Board of Comm'rs, 24 Wyo. 386, 159 P. 1086, 1916 Wyo. LEXIS 39 (Wyo. 1916).

Recovery of damages limited to amount claimed. —

Where claim for damages was made under this section, landowner could recover no more than amount claimed, despite contention that cost of item for which damages were awarded had increased from the time claim had been filed. Bliss v. Board of County Comm'rs, 70 Wyo. 42, 244 P.2d 508, 1952 Wyo. LEXIS 19 (Wyo. 1952).

Measure of damages to lands not taken. —

The jury were correctly instructed that the measure of damage, if any, was the difference between the market value of the ranch immediately prior to the establishment of the road and the value thereof immediately after such establishment, where the only issue was the dispute as to the damage to the lands not taken. Stringer v. Board of County Comm'rs, 347 P.2d 197, 1959 Wyo. LEXIS 5 (Wyo. 1959).

Cited in

North Laramie Land Co. v. Hoffman, 30 Wyo. 238, 30 Wyo. 239, 219 P. 561, 1923 Wyo. LEXIS 43 (1923).

§ 24-3-112. Objections and claims for damages; when barred.

No objections or claims for damages shall be filed or made after the noon [12:00 p.m.] of the day fixed for filing the same, and if no objections or claims for damages are filed, on or before noon [12:00 p.m.] of the day fixed for filing the same, they shall be disregarded, and not considered, and shall be deemed to have been waived and barred.

History. Laws 1895, ch. 69, § 14; R.S. 1899, § 1919; C.S. 1910, § 2526; C.S. 1920, § 2998; R.S. 1931, § 52-217; C.S. 1945, § 48-317; W.S. 1957, § 24-54.

Constitutional provision for taking private property without compensation was not violated by provision limiting time for presentment of claims for damages. 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).

Commissioners cannot extend time after expiration. —

Commissioners cannot, after expiration of time for filing claims for damages, extend the time. 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).

Claims not barred until notice given. —

The provision for the barring of damage claims does not become operative against a person who claims lands or interests therein until the required notice has been given to him or until there has been a reasonable effort to inform him that his property rights are to be affected. State ex rel. State Highway Comm'n v. Stringer, 77 Wyo. 198, 310 P.2d 730, 1957 Wyo. LEXIS 17 (Wyo. 1957).

Absence of actual notice or notice by registered mail. —

A nonresident holding an oil and gas lease on land condemned for highway purposes was not barred from filing a claim for damages where he had no actual notice of the condemnation proceeding and where the state failed to mail a notice by registered mail to the address appearing on the recorded lease. State ex rel. State Highway Comm'n v. Stringer, 77 Wyo. 198, 310 P.2d 730, 1957 Wyo. LEXIS 17 (Wyo. 1957).

Applied in

HKD Homesite Co. v. Board of County Comm'rs, 69 Wyo. 236, 240 P.2d 885, 1952 Wyo. LEXIS 2 (1952).

Cited in

Sterritt v. Young, 14 Wyo. 146, 82 P. 946, 1905 Wyo. LEXIS 38 , 4 L.R.A. (n.s.) 169 (1905); North Laramie Land Co. v. Hoffman, 30 Wyo. 238, 30 Wyo. 239, 219 P. 561, 1923 Wyo. LEXIS 43 (1923); Bliss v. Board of County Comm'rs, 70 Wyo. 42, 244 P.2d 508, 1952 Wyo. LEXIS 19 (1952).

§ 24-3-113. Objections and claims for damages; continuance of hearing upon filing.

If objections to the establishment, altering or vacating of the road, or if any claims for damages shall be filed, the further hearing of the application may be continued by the board until the matter can be properly disposed of.

History. Laws 1895, ch. 69, § 15; R.S. 1899, § 1920; C.S. 1910, § 2527; C.S. 1920, § 2999; R.S. 1931, § 52-218; C.S. 1945, § 48-318; W.S. 1957, § 24-55.

Applied in

HKD Homesite Co. v. Board of County Comm'rs, 69 Wyo. 236, 240 P.2d 885, 1952 Wyo. LEXIS 2 (1952).

Cited in

North Laramie Land Co. v. Hoffman, 30 Wyo. 238, 30 Wyo. 239, 219 P. 561, 1923 Wyo. LEXIS 43 (1923); Bliss v. Board of County Comm'rs, 70 Wyo. 42, 244 P.2d 508, 1952 Wyo. LEXIS 19 (1952).

§ 24-3-114. Appraisers; number; appointment; qualifications; duties generally; report.

When claims for damages are filed, at the next regular meeting or special meeting of the board of the county commissioners, or as soon thereafter as may be practicable and convenient, the said board shall appoint three (3) suitable and disinterested electors of the county as appraisers, to view the ground, on a day fixed by said board, and they shall report their doings in the matter and file their report in writing with the county clerk within thirty (30) days after the date of their appointment, fixing the amount of the damages sustained by the claimants.

History. Laws 1895, ch. 69, § 16; R.S. 1899, § 1921; C.S. 1910, § 2528; C.S. 1920, § 3000; R.S. 1931, § 52-219; C.S. 1945, § 48-319; W.S. 1957, § 24-56.

Failure to fix time for meeting of appraisers. —

While failure to fix a time for meeting of appraisers was irregularity, such failure did not render proceeding to condemn land for highway illegal or subject to collateral attack. Miller v. Hagie, 59 Wyo. 383, 140 P.2d 746, 1943 Wyo. LEXIS 19 (Wyo. 1943).

Applied in

HKD Homesite Co. v. Board of County Comm'rs, 69 Wyo. 236, 240 P.2d 885, 1952 Wyo. LEXIS 2 (1952).

Cited in

Bliss v. Board of County Comm'rs, 70 Wyo. 42, 244 P.2d 508, 1952 Wyo. LEXIS 19 (1952).

§ 24-3-115. Appraisers; notification of appointment required; contents.

The county clerk shall cause each of the said appraisers to be notified in writing, of his appointment, stating in said notice, first, the names of all appraisers, second, the names of all claimants for damages, on account of the location or alteration of the said road, with the amount of damages asked by each claimant, third, stating when their report must be filed, and fourth, the law relating to their duty as found in W.S. 24-3-116 . The county clerk shall prepare suitable blanks, for such notice, for the oath of the appraisers and for the report, a proper number of which shall be forwarded by him to them.

History. Laws 1895, ch. 69, § 17; R.S. 1899, § 1922; C.S. 1910, § 2529; C.S. 1920, § 3001; R.S. 1931, § 52-220; C.S. 1945, § 48-320; W.S. 1957, § 24-57.

Applied in

HKD Homesite Co. v. Board of County Comm'rs, 69 Wyo. 236, 240 P.2d 885, 1952 Wyo. LEXIS 2 (1952).

Cited in

North Laramie Land Co. v. Hoffman, 30 Wyo. 238, 30 Wyo. 239, 219 P. 561, 1923 Wyo. LEXIS 43 (1923); Bliss v. Board of County Comm'rs, 70 Wyo. 42, 244 P.2d 508, 1952 Wyo. LEXIS 19 (1952).

§ 24-3-116. Appraisers; specific duties enumerated; compensation.

The said appraisers shall, within ten (10) days after receiving notice of their appointment, meet at some convenient place, on the line of said proposed or altered road, and take and administer to each other, an oath or affirmation to faithfully and impartially discharge their duties. They shall then view the ground, so far as they shall deem it necessary, and fix the amount of damages sustained by each claimant, after allowing for all benefits that may accrue to each claimant, by reason of the location or alteration of the said proposed road. They, or a majority of them, shall as soon as practicable, after performing their said duties, make a report in writing to the county clerk of their doings, stating that they were so sworn or affirmed as aforesaid, before performing their duties and fixing the amount of damages, if any, sustained by each claimant, after allowing and deducting for benefits, and where they have disallowed claims for damages, they shall so state in their report, and they shall immediately transmit their report, when made, to the county clerk. They shall, whenever they can conveniently do so, notify the claimants or their agents, of the place of their meeting and may hear such evidence as they may deem necessary in determining the amount of damages fixed by them. They are hereby authorized to administer oaths to each other and to such witnesses as they may hear. If any one (1) of them shall fail or refuse to perform his duty, the other two (2) appraisers shall serve and shall appoint a suitable and disinterested elector in his place, who shall be within easy access, and he shall be sworn or affirmed in like manner as the other two (2) appraisers, and the facts of such appointment and qualification shall be stated in said report to the county clerk. The said appraisers shall each receive for his compensation such reasonable sum as the board of county commissioners shall allow.

History. Laws 1895, ch. 69, § 18; R.S. 1899, § 1923; C.S. 1910, § 2530; C.S. 1920, § 3002; R.S. 1931, § 52-221; C.S. 1945, § 48-321; W.S. 1957, § 24-58.

Cross references. —

As to oaths generally, see chapter 2 of title 1.

Failure to fix time for meeting of appraisers. —

While failure to fix a time for meeting of appraisers was irregularity, such failure did not render proceeding to condemn land for highway illegal or subject to collateral attack. Miller v. Hagie, 59 Wyo. 383, 140 P.2d 746, 1943 Wyo. LEXIS 19 (Wyo. 1943).

Oath of appraisers. —

In proceeding to condemn land for highway where appraisers were not sworn by themselves and instead by county clerk, failure to follow provisions of statute exactly would be mere irregularity not subject to collateral attack. Miller v. Hagie, 59 Wyo. 383, 140 P.2d 746, 1943 Wyo. LEXIS 19 (Wyo. 1943).

Intention of legislature was to avoid inconvenience to appraisers in event county clerk or other person authorized to administer oaths was not available. Miller v. Hagie, 59 Wyo. 383, 140 P.2d 746, 1943 Wyo. LEXIS 19 (Wyo. 1943).

Where appraisers took oath “to duly and truly” appraise instead of oath “to faithfully and impartially discharge their duties,” compliance with statute was sufficient. Miller v. Hagie, 59 Wyo. 383, 140 P.2d 746, 1943 Wyo. LEXIS 19 (Wyo. 1943).

Nature of proceeding. —

Proceeding for establishment of public road and taking of land therefor is a special proceeding. Gillespie v. Board of Comm'rs, 47 Wyo. 1, 30 P.2d 797, 1934 Wyo. LEXIS 6 (Wyo. 1934), limited, Stringer v. Board of County Comm'rs, 347 P.2d 197, 1959 Wyo. LEXIS 5 (Wyo. 1959).

Full hearing, though without notice of appraisers' meeting,not denial of due process. —

This section and § 24-3-118 indicate that parties should be heard, in the case of the appraisers as they “may deem necessary” and in the case of the county board as, in their judgment, “the public good may require,” and where the landowner was given, and took, the opportunity to have a full hearing in the district court to which an appeal from the county board was taken, there was not a denial of due process of law, although landowner was not given notice of time and place of appraisers' meeting to fix the damages to be awarded. H K D Homesite Co. v. Board of County Comm'rs, 69 Wyo. 236, 240 P.2d 885, 1952 Wyo. LEXIS 2 (Wyo. 1952).

Change in appraisers. —

Fact that report of appraisers does not disclose how one appraiser took place of another who seemingly was first selected is not such defect as would invalidate proceeding, but is at most an irregularity. Miller v. Hagie, 59 Wyo. 383, 140 P.2d 746, 1943 Wyo. LEXIS 19 (Wyo. 1943).

Cited in

Kelly v. Board of County Comm'rs, 24 Wyo. 386, 159 P. 1086, 1916 Wyo. LEXIS 39 (1916); North Laramie Land Co. v. Hoffman, 30 Wyo. 238, 30 Wyo. 239, 219 P. 561, 1923 Wyo. LEXIS 43 (1923); Bliss v. Board of County Comm'rs, 70 Wyo. 42, 244 P.2d 508, 1952 Wyo. LEXIS 19 (1952); TZ Land & Cattle Co. v. Grieve, 887 P.2d 511, 1994 Wyo. LEXIS 163 (Wyo. 1994).

§ 24-3-117. Neglect of duty by appraiser or viewer.

If any viewer or appraiser shall refuse or neglect to perform any of the duties required by law or shall fail to act after his appointment, without a satisfactory excuse for such refusal or neglect, he shall be fined in any sum not exceeding fifty dollars ($50.00), upon his conviction thereof in any court of competent jurisdiction, and such fine when collected shall be paid into the county treasury for the benefit of the road fund.

History. Laws 1895, ch. 69, § 27; R.S. 1899, § 1932; C.S. 1910, § 2539; C.S. 1920, § 3011; R.S. 1931, § 52-230; C.S. 1945, § 48-330; W.S. 1957, § 24-59.

Cross references. —

As to state-county road construction account, see § 24-2-110 .

§ 24-3-118. Hearing before county commissioners; determination and payment of damages; entry on land; abandonment prohibited; records; surveys.

1. At the next meeting of the county commissioners after the report of the appraisers has been filed, or as soon thereafter as may be practicable, the said board may hear testimony and consider petitions for and remonstrances against the establishment or alteration, as the case may be of any road, or may establish or alter any road or may refuse so to do, as in the judgment of the said board, the public good may require, but in case there shall be no claim for damages filed, they shall act as speedily as possible in the matter. Said board may increase or diminish the damages allowed by the appraisers, and may make such establishment or alteration of any road, dependent or conditioned upon the payment, in whole or in part, of the damages awarded or expenses incurred in relation thereto by the petitioners for such road or such alteration of any road.
2. The amount of damages awarded, if any, shall immediately be paid to the person or persons entitled thereto or deposited with the county clerk for delivery to such person or persons, which payment shall be without prejudice to the right of such person or persons to appeal to the district court as provided by law.
3. When the road has been established and the award has been paid by the board of county commissioners or by the department of transportation, to the person or persons entitled, or deposited with the county clerk, the highway authorities and their contractors and employees may take possession and exercise full control of the land within the right-of-way of the road so established.
4. After the county or the department of transportation has taken possession of the right-of-way, there shall be no abandonment of the establishing of the highway, and in the event of an appeal by an owner of real estate affected to the district court from the award finally made by the board of county commissioners, the board shall pay the amount finally determined to be due.
5. A certificate, authorized by the board of county commissioners and signed by its chairman, setting forth the legal description of the property taken shall be recorded in the office of the county clerk, and indexed in like manner and with like effect as if it were a conveyance of the easement or right-of-way from said owners to the county.
6. If, upon considering and acting upon the report of the viewers or otherwise, the board of county commissioners shall decide to lay out or alter any road, they shall cause the county surveyor to make an accurate survey thereof, if such survey is necessary, and to plat the same in books to be provided by the county for such purpose, and the county clerk shall record in the same books opposite or near to such plat so that the same may be easily ascertained to be concerning the platted road, the proceeding of the said board in relation to the location, establishment or alteration of said road, in order to keep in a separate book a record of all the county roads of that county.

History. Laws 1895, ch. 69, § 19; R.S. 1899, § 1924; C.S. 1910, § 2531; C.S. 1920, § 3003; R.S. 1931, § 52-222; C.S. 1945, § 48-322; Laws 1953, ch. 181, § 3; W.S. 1957, § 24-60; Laws 1991, ch. 241, § 3.

Cross references. —

As to duty of county surveyor to make surveys and to keep plats, see § 18-3-702 .

As to judicial review of administrative action, see Rule 12, W.R.A.P.

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).

Establishment of roadway constitutes taking of property. —

The establishment of a roadway, in the absence of consent, constitutes the taking of property by the county for which a party may make a claim for compensation according to constitutional requirements. Kern v. Deerwood Ranch, 528 P.2d 910, 1974 Wyo. LEXIS 249 (Wyo. 1974).

This section has no application to proceedings to acquire county road by prescription. Big Horn County Comm'rs v. Hinckley, 593 P.2d 573, 1979 Wyo. LEXIS 399 (Wyo. 1979).

Authority of county commissioners in establishing road dependsupon statute. —

Counties exercise a portion of the power of the state government but only those powers granted by the legislature or reasonably implied therefrom, so it follows that the authority of the commissioners in establishing a road depends upon the provisions of the statutes relating thereto. Ruby v. Schuett, 360 P.2d 170, 1961 Wyo. LEXIS 84 (Wyo. 1961).

And the commissioners must comply with this section in order to effect the establishment of a public road. Board of County Comm'rs v. White, 547 P.2d 1195, 1976 Wyo. LEXIS 177 (Wyo. 1976).

Nature of proceeding. —

Proceeding for the establishment of a public road and the taking of land therefor is a special proceeding. Gillespie v. Board of Comm'rs, 47 Wyo. 1, 30 P.2d 797, 1934 Wyo. LEXIS 6 (Wyo. 1934), limited, Stringer v. Board of County Comm'rs, 347 P.2d 197, 1959 Wyo. LEXIS 5 (Wyo. 1959).

Lack of jurisdiction fatal. —

In discussing the question of errors and irregularities as distinguished from jurisdictional defects, the supreme court has indicated that lack of jurisdiction is fatal either in a judicial or a quasi-judicial tribunal. Ruby v. Schuett, 360 P.2d 170, 1961 Wyo. LEXIS 84 (Wyo. 1961).

Requirements were added to this section as it originally stood, evidencing legislative concern that there be a complete and specific proceeding when lands were sought to be taken for public roads. Board of County Comm'rs v. White, 547 P.2d 1195, 1976 Wyo. LEXIS 177 (Wyo. 1976).

Proceedings must be definite and certain. —

All persons concerned, including those whose property is to be taken, are entitled to be informed of the land to be occupied by the proposed road, so the proceedings to create a highway should be so definite and certain that a competent surveyor could, with the record before him, point out its location. Ruby v. Schuett, 360 P.2d 170, 1961 Wyo. LEXIS 84 (Wyo. 1961).

Proof of ownership condition precedent to award. —

Where damage for the taking of land for a highway is dependent upon ownership of property or property right involved, proof of such ownership is a condition precedent to an award being made. Rocky Mountain Sheep Co. v. Board of County Comm'rs, 73 Wyo. 11, 269 P.2d 314, 1954 Wyo. LEXIS 11 (Wyo. 1954).

Land must be specifically identified. —

Before a county can take the necessary land to establish a roadway it must identify the land specifically so that the party owning it may assert his claim for just compensation. Kern v. Deerwood Ranch, 528 P.2d 910, 1974 Wyo. LEXIS 249 (Wyo. 1974).

All persons, including parties whose land is to be taken, are entitled to be informed of the land which the road is to occupy, and the description in the plat should be so definite and certain that a competent surveyor could, based upon the description, determine the road's location. Kern v. Deerwood Ranch, 528 P.2d 910, 1974 Wyo. LEXIS 249 (Wyo. 1974).

County road cannot be established without there being placed of record a plat of the survey of such road together with the proceedings in relation to its location, establishment or alteration. Rocky Mountain Sheep Co. v. Board of County Comm'rs, 73 Wyo. 11, 269 P.2d 314, 1954 Wyo. LEXIS 11 (Wyo. 1954).

Meaning of words “if such survey is necessary.” —

The words in this section “if such survey is [deemed] necessary” were intended by the legislature to apply to situations wherein there was already in existence a survey which might be adopted and utilized. Ruby v. Schuett, 360 P.2d 170, 1961 Wyo. LEXIS 84 (Wyo. 1961).

Survey is necessary but need not be made by county surveyor.—

The cases decided under § 24-1-101 require a record of all roads in a county, but since there can be no record until there is a survey, it follows that the county commissioners are wholly without authority in arbitrarily determining that no survey is necessary. However, this holding should not be construed as requiring counties to employ county surveyors since anyone duly qualified in such a profession might properly act in a capacity of county surveyor to comply substantially with the provisions of the statutes requiring an accurate survey to be made. Ruby v. Schuett, 360 P.2d 170, 1961 Wyo. LEXIS 84 (Wyo. 1961).

The survey and plat establish for all times where the road is located and in effect establish ownership in the county. Kern v. Deerwood Ranch, 528 P.2d 910, 1974 Wyo. LEXIS 249 (Wyo. 1974).

And provide method of proving that road was established. —

A method by which proof could be made that a county road was established would be to show that a copy of the plat and survey notes had been filed in the office of the county clerk. Kern v. Deerwood Ranch, 528 P.2d 910, 1974 Wyo. LEXIS 249 (Wyo. 1974).

When county relies on prescriptive title. —

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 use 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).

Recording of transfer by eminent domain not required priorto 1953. —

Where the state acquired land by eminent domain under condemnation proceedings in 1950, the title the state acquired was valid and good against any subsequent purchaser, since prior to 1953 no statute required the transfer of title by eminent domain to be recorded in the ordinary and regular books of record kept for transfer of property by conveyances. State ex rel. State Highway Comm'n v. Meeker, 75 Wyo. 210, 294 P.2d 603, 1956 Wyo. LEXIS 10 (Wyo. 1956).

Irregularity not invalidating proceeding. —

Fact that report of appraisers does not disclose how one appraiser took place of another who seemingly was first selected is not such defect as would invalidate proceeding, but is at most an irregularity. Miller v. Hagie, 59 Wyo. 383, 140 P.2d 746, 1943 Wyo. LEXIS 19 (Wyo. 1943).

When mistaken belief may excuse late appeal. —

Where a landowner justifiably, but wrongly, believed that a challenge to the necessity of a road was a condition precedent to a hearing on the elements of adverse possession, he should not be penalized for a late appeal, and the case should be remanded to the district court for entry of an order directing the county board to provide a hearing in accordance with § 24-1-101 .Big Horn County Comm'rs v. Hinckley, 593 P.2d 573, 1979 Wyo. LEXIS 399 (Wyo. 1979).

Cited in

North Laramie Land Co. v. Hoffman, 30 Wyo. 238, 30 Wyo. 239, 219 P. 561, 1923 Wyo. LEXIS 43 (1923); Bliss v. Board of County Comm'rs, 70 Wyo. 42, 244 P.2d 508, 1952 Wyo. LEXIS 19 (1952).

§ 24-3-119. Appeals from decisions of county commissioners; notice; bond required.

Any applicant for damages claimed, or caused by the establishment or alteration of any road, may appeal from the final decision of the board of the county commissioners to the district court of the county, in which the land lies, for the taking of which for a public road, damages are asked; but notice of such appeal must be made to the county clerk, within thirty (30) days after such decision has been made by the said board, or such claim shall be deemed to have been abandoned. No appeal shall be allowed, unless a good and sufficient bond be given by the party appealing, in a sum not less than fifty dollars ($50.00) to cover costs, said bond to be approved by the clerk of the district court.

History. Laws 1895, ch. 69, § 24; R.S. 1899, § 1929; C.S. 1910, § 2536; C.S. 1920, § 3008; R.S. 1931, § 52-227; C.S. 1945, § 48-327; W.S. 1957, § 24-61.

Cross references. —

As to judicial review of administrative action, see Rule 12, W.R.A.P.

This section specifically refers to a “public road” rather than a private road. Hoffmeister v. McIntosh, 361 P.2d 678, 1961 Wyo. LEXIS 93 (Wyo.), reh'g denied, 364 P.2d 823, 1961 Wyo. LEXIS 114 (Wyo. 1961).

Legislature intended to prescribe different procedures forestablishment of public roads and private roads. —

The context, position of the sections and the insertion of subheads in the original act (Laws 1895, ch. 69) are unmistakable indicia that the legislature intended to prescribe different procedures for the establishment of public roads (which then included national, state, territorial and county roads) and for the establishment of private roads. Hoffmeister v. McIntosh, 361 P.2d 678, 1961 Wyo. LEXIS 93 (Wyo.), reh'g denied, 364 P.2d 823, 1961 Wyo. LEXIS 114 (Wyo. 1961).

Right of appeal satisfies due process requirement of hearing.—

Due process does not require that hearing before viewers or appraisers be afforded, but is satisfied by full hearing that may be obtained by exercising right to appeal. Miller v. Hagie, 59 Wyo. 383, 140 P.2d 746, 1943 Wyo. LEXIS 19 (Wyo. 1943).

It is not necessary that property owner be notified of every step of proceedings in order to constitute due process of law, provided that at some stage he have full opportunity to present case to impartial tribunal. Miller v. Hagie, 59 Wyo. 383, 140 P.2d 746, 1943 Wyo. LEXIS 19 (Wyo. 1943).

Presumption in favor of jurisdiction of county commissioners.—

In establishing highway, every presumption is in favor of jurisdiction of board of county commissioners as to validity of its proceedings on collateral attack. Miller v. Hagie, 59 Wyo. 383, 140 P.2d 746, 1943 Wyo. LEXIS 19 (Wyo. 1943).

Supreme court reluctant to disturb judgment based on findingsof 3 fact-finding bodies. —

Where three fact-finding bodies — the appraisers, the board of county commissioners and the district court — agreed that an award made in eminent domain proceedings should stand, the supreme court would be most reluctant to interfere with the considered judgment of the district court in an appeal under this section. H K D Homesite Co. v. Board of County Comm'rs, 69 Wyo. 236, 240 P.2d 885, 1952 Wyo. LEXIS 2 (Wyo. 1952).

Where there was no evidence of passion, prejudice or other elements intervening in the results attained by appraisers, board of county commissioners and district court in an eminent domain proceeding, the judgment of the district court in an appeal under this section was not reversed on account of prejudicial error. H K D Homesite Co. v. Board of County Comm'rs, 69 Wyo. 236, 240 P.2d 885, 1952 Wyo. LEXIS 2 (Wyo. 1952).

And contention as to lack of notice of appraisers' meetingwithout merit. —

Where it was contended by landowner, in an appeal to the supreme court from a judgment confirming an award made in an eminent domain proceeding, that it had not been given notice of the time and place of the appraisers' meeting to fix the damages to be awarded, this contention was without merit since this had not been assigned as error in the record, had not been presented to trial court, had not appeared in its brief and the record itself did not show that it had been denied the privilege of introducing testimony in its behalf before the board of county commissioners. H K D Homesite Co. v. Board of County Comm'rs, 69 Wyo. 236, 240 P.2d 885, 1952 Wyo. LEXIS 2 (Wyo. 1952).

Collateral attack. —

Suit to enjoin county commissioners from establishing highway is collateral attack upon eminent domain proceedings. Miller v. Hagie, 59 Wyo. 383, 140 P.2d 746, 1943 Wyo. LEXIS 19 (Wyo. 1943).

Mere irregularities do not authorize relief in equity. —

Mere irregularities or errors not rendering proceedings invalid do not authorize relief in equity to restrain condemnation proceedings. Miller v. Hagie, 59 Wyo. 383, 140 P.2d 746, 1943 Wyo. LEXIS 19 (Wyo. 1943).

Appearance in proceedings precludes subsequent suit for injunction.—

Where an owner appears in condemnation proceedings, he cannot afterwards enjoin an entry on grounds which might have been litigated in such proceedings. Miller v. Hagie, 59 Wyo. 383, 140 P.2d 746, 1943 Wyo. LEXIS 19 (Wyo. 1943).

Where landowner could have litigated all matters urged as grounds for invalidating proceedings to condemn land for highway purposes in district court by appeal from action of board, but did not, he could not enjoin board from proceeding. Miller v. Hagie, 59 Wyo. 383, 140 P.2d 746, 1943 Wyo. LEXIS 19 (Wyo. 1943).

Cited in

North Laramie Land Co. v. Hoffman, 30 Wyo. 238, 30 Wyo. 239, 219 P. 561, 1923 Wyo. LEXIS 43 (1923); Thunderbasin Land, Livestock & Inv. Co. v. County of Laramie, 5 P.3d 774, 2000 Wyo. LEXIS 118 (Wyo. 2000).

§ 24-3-120. Appeals from decisions of county commissioners; duties of county clerk.

The county clerk shall, within ten (10) days after the notice of an appeal as provided for in W.S. 24-3-119 is filed in his office, make out and file in the office of the clerk of the district court, in his county, a transcript of the papers on file in his office, and the proceedings of the board in relation to such damages.

History. Laws 1895, ch. 69, § 25; R.S. 1899, § 1930; C.S. 1910, § 2537; C.S. 1920, § 3009; R.S. 1931, § 52-228; C.S. 1945, § 48-328; W.S. 1957, § 24-62.

Cited in

North Laramie Land Co. v. Hoffman, 30 Wyo. 238, 30 Wyo. 239, 219 P. 561, 1923 Wyo. LEXIS 43 (1923).

§ 24-3-121. Appeals from decisions of county commissioners; recovery of damages; court costs.

The amount of damages to which the claimant shall be entitled on such appeal shall be ascertained in the same manner as in a civil action, and the amount so ascertained, if any, shall be entered of record, but no judgment shall be entered therefor. The amount thus ascertained shall be certified by the clerk of the court to the county clerk who shall thereafter proceed as if such amount had been allowed by the board of the county commissioners to the claimant as damages. If the appellant shall fail to recover an amount exceeding fifty dollars ($50.00) above the amount allowed to him by the board of the county commissioners, he shall pay all costs of the appeal.

History. Laws 1895, ch. 69, § 26; R.S. 1899, § 1931; C.S. 1910, § 2538; C.S. 1920, § 3010; R.S. 1931, § 52-229; C.S. 1945, § 48-329; W.S. 1957, § 24-63.

Appealable order. —

An order of court that jury's verdict be allowed and approved was an appealable order in an action appealed from the board of county commissioners to the district court to determine amount of compensation for land taken for a road. Gillespie v. Board of Comm'rs, 47 Wyo. 1, 30 P.2d 797, 1934 Wyo. LEXIS 6 (Wyo. 1934), limited, Stringer v. Board of County Comm'rs, 347 P.2d 197, 1959 Wyo. LEXIS 5 (Wyo. 1959).

Road establishment proceedings. —

Adoption of Wyoming Administrative Procedure Act did not repeal procedure set forth in road establishment statutes, which required that damages be determined “as in a civil action”; district court was therefore required, on appeal, to conduct a trial de novo in order to determine damages to land owner in road establishment proceeding. Thunderbasin Land, Livestock & Inv. Co. v. County of Laramie County, 5 P.3d 774, 2000 Wyo. LEXIS 118 (Wyo. 2000).

Applied in

Bliss v. Board of County Comm'rs, 70 Wyo. 42, 244 P.2d 508, 1952 Wyo. LEXIS 19 (1952).

Quoted in

Rocky Mountain Sheep Co. v. Board of County Comm'rs, 73 Wyo. 11, 269 P.2d 314, 1954 Wyo. LEXIS 11 (1954).

Cited in

North Laramie Land Co. v. Hoffman, 30 Wyo. 238, 30 Wyo. 239, 219 P. 561, 1923 Wyo. LEXIS 43 (1923).

§ 24-3-122. Condemned land tax free during use by state.

No taxes covering the real estate taken by the county or the department of transportation for rights-of-way shall be assessed, or charged against the land owner or owners during the time that rights-of-way are being used for the purposes for which they were established.

History. Laws 1953, ch. 181, § 4; W.S. 1957, § 24-64; Laws 1991, ch. 241, § 3.

§ 24-3-123. Effect of location of new road on route of previous road.

The establishment of a new road on the route of a road already established according to law, shall not vacate any road previously established, unless such vacation shall be ordered by the board of the county commissioners.

History. Laws 1895, ch. 69, § 20; R.S. 1899, § 1925; C.S. 1910, § 2532; C.S. 1920, § 3004; R.S. 1931, § 52-223; C.S. 1945, § 48-323; W.S. 1957, § 24-65.

Applied in

HKD Homesite Co. v. Board of County Comm'rs, 69 Wyo. 236, 240 P.2d 885, 1952 Wyo. LEXIS 2 (1952).

§ 24-3-124. Removal of fences on right-of-way.

Whenever a public road is ordered to be established or altered, according to the provisions of this act, which shall pass through, or on enclosed lands, the road overseer, or other proper officer, shall give the owner, agent or occupant of such lands, notice in writing to remove the fences thereon, and if such owner, agent or occupant shall not move his fence, within thirty (30) days thereafter, the same may be removed by the proper officer, and the road opened and worked; and such owner shall forfeit and pay twenty dollars ($20.00) for each day he shall permit his fence to remain after said thirty (30) days, and shall pay all necessary cost of removal, to be collected by the proper officer, in any court of competent jurisdiction, for the use and benefit of the general county road fund.

History. Laws 1895, ch. 69, § 21; R.S. 1899, § 1926; C.S. 1910, § 2533; C.S. 1920, § 3005; R.S. 1931, § 52-224; C.S. 1945, § 48-324; W.S. 1957, § 24-66.

Cross references. —

As to fences across roads generally, see §§ 11-28-104 and 11-28-105 .

Meaning of “this act.” —

The words “this act” referred to in this section, mean Laws 1895, ch. 69, which appears herein as §§ 24-1-101 , 24-1-104 , 24-1-105 , 24-1-111 , 24-1-113 , 24-1-116 , 24-1-117 , 24-3-101 through 24-3-121 , 24-3-123 through 24-3-125 and 24-9-101 through 24-9-104 .

Obligation to work a road depends upon the exercise of sound discretion by the board, considering the best interest of the county as a whole, taking into consideration the extent of the road's anticipated use, its importance in relation to other roads, the practicability of maintenance and the availability of county finances for that purpose. Board of County Comm'rs v. State, 369 P.2d 537, 1962 Wyo. LEXIS 73 (Wyo. 1962).

But “may” in this section should be interpreted as “shall”. Board of County Comm'rs v. State, 369 P.2d 537, 1962 Wyo. LEXIS 73 (Wyo. 1962).

Thus, mandamus to compel removal of fences and obstructionsis proper. —

See Board of County Comm'rs v. State, 369 P.2d 537, 1962 Wyo. LEXIS 73 (Wyo. 1962).

Authorizing obstruction of highway. —

Right of public to use highway can only be taken away through official acts of board of commissioners, and fact that commissioners individually authorized one to move his fence and thereby obstruct such highway is insufficient. Board of County Comm'rs v. Patrick, 18 Wyo. 130, 104 P. 531, 1909 Wyo. LEXIS 26 (Wyo. 1909), reh'g denied, 18 Wyo. 130, 107 P. 748, 1910 Wyo. LEXIS 2 (Wyo. 1910).

Applied in

HKD Homesite Co. v. Board of County Comm'rs, 69 Wyo. 236, 240 P.2d 885, 1952 Wyo. LEXIS 2 (1952).

§ 24-3-125. Streets in unincorporated towns or villages declared public roads; working.

All public streets of towns or villages, not incorporated, are a part of the public roads, and all road overseers, or persons having charge of the same, in their respective districts or counties, shall work the same as provided by law or ordered by the board of the county commissioners of the proper county.

History. Laws 1895, ch. 69, § 22; R.S. 1899, § 1927; C.S. 1910, § 2534; C.S. 1920, § 3006; R.S. 1931, § 52-225; C.S. 1945, § 48-325; W.S. 1957, § 24-67.

§ 24-3-126. Abandonment of portion of highway upon reconstruction or relocation of existing highway; relinquishment to county or city in lieu of abandonment.

1. The transportation commission may abandon or relinquish any portion of state highways upon the reconstruction or relocation of any portion of an existing state highway.
2. Prior to abandonment of any portion of a state highway, the transportation commission shall offer the highway to the governing body of any county or city in which the highway is located. Upon being notified of the transportation commission’s intent to abandon any portion of a state highway, the governing body of the county or city shall comply with the procedures provided for in paragraph (c)(ii) of this section in order to initiate transfer of the state highway.
3. The abandonment or relinquishment of any portion of state highways shall be conclusively evidenced by the resolution entered in the minute record of the commission. A certified copy of the resolution shall be recorded by the secretary of the transportation commission in the office of the county clerk of any county in which abandoned or relinquished highway right-of-way is located. Abandonment or relinquishment shall not affect the rights of corporations or their successors in interest acquired under the provisions of W.S. 1-26-813 to continue the operation and maintenance of transmission and distribution lines constructed upon the right-of-way and shall not affect the rights of any corporation or successors in interest to continue to maintain any facility lawfully in the highway right-of-way at the time of any abandonment or relinquishment. Corporations shall have the right to go upon these lands for the purposes associated with maintenance or use of their facility. Specific rules regarding relinquishment and abandonment are:
   1. Upon the entry of the resolution of abandonment in the minute record of the commission, all title and interest, except as herein provided, to the highway right-of-way shall pass to and vest in the present adjacent landowner according to the portion contributed by adjacent landowner or his predecessor in interest;
   2. Instead of abandonment, the transportation commission may, upon written request, relinquish to any county or city any portion of a state highway within the county or city proposed to be removed from the state highway system. The request shall be in the form of a resolution adopted by the governing body of the county or city, indicating that the portion of the state highway sought by the governing body will be used for a local public purpose enumerated in the resolution and expressing the agreement of the county or city to assume all responsibility with regard thereto. Relinquishment by the transportation commission shall be by entry of the resolution of relinquishment in the minute record of the commission and by quitclaim deed effective upon recordation in the office of the county clerk and recorder of any county in which the real property is located.

History. Laws 1959, ch. 160, § 1; W.S. 1957, § 24-67.1; Laws 1965, ch. 7, § 1; 1983, ch. 139, § 1; 1991, ch. 241, § 3.

Cross references. —

As to closing or restricting use of state highways, see § 24-1-106 .

Implied easement. —

Where a limited liability company (LLC) severed real property in a transaction that included an “access agreement” between the subsequent owners, the access agreement established that parties intended to allow access and resulted in an implied easement; the fact that, following the severance, the State of Wyoming abandoned certain property adjacent to the severed lots did not affect the easement, and whether the LLC had the authority to grant an easement across property owned by Wyoming was irrelevant because the district court found an implied, not an express, easement. Hansuld v. Lariat Diesel Corp., 2003 WY 165, 81 P.3d 215, 2003 Wyo. LEXIS 202 (Wyo. 2003).

Applicability to county roads. —

The rule embodied in this section, that if the public has an easement on land occupied by a highway, title reverts to the fee owners and exclusive possession is restored to them upon vacation of the highway, is generally accepted and applies to county roads as well. Schott v. Miller, 943 P.2d 1174, 1997 Wyo. LEXIS 109 (Wyo. 1997).

Special rights granted to individuals extinguished. —

Since the legislature provided that all title and interest to the vacated portion of a county road reverts to the adjacent landowner subject to only a few designated exceptions, any other special rights-of-way, licenses, or privileges which a county has granted to individuals are extinguished upon vacation of the road and relinquishment of the public's interest. Schott v. Miller, 943 P.2d 1174, 1997 Wyo. LEXIS 109 (Wyo. 1997).

§ 24-3-127. Cooperative agreements with federal agencies to construct, maintain and use roads within county.

The board of county commissioners of any county of this state may, in its discretion, enter into cooperative agreements with the forest service of the U.S. department of agriculture or other federal agency to provide for the joint construction, maintenance and use of roads located within the boundaries of the county, where such roads are used by the forest service or other federal agency in the protection, administration and utilization of the national forests and national recreation areas or other federal lands and are also used by communities or persons within or adjacent to such national forests or other federal lands in the use and development of the resources thereof or where such roads otherwise serve the needs of the public.

History. Laws 1969, ch. 10, § 1; W.S. 1957, § 24-67.2.

Cross references. —

As to cooperation with transportation commission in construction of county roads, see § 24-2-110 .

As to contracts and agreements with the United States government, see § 24-2-112 .

§ 24-3-201. Purpose of procedure.

The legislature finds that due to inaccurate and inconsistent records, there exist roads which are seldom used, not maintained and are not identified as or believed by the public to be county roads but are, in fact, county roads. Recognizing the numerous difficulties resulting from the existence of such county roads, the legislature finds it in the best interest of the public to create a procedure to identify county roads, thereby altering and vacating these abandoned or unnecessary county roads without survey.

History. Laws 1987, ch. 69, § 1.

Abandonment and vacation. —

In light of the statutory procedures for identifying a county road, along with the common law principles of “once a road, always a road” and the need for clear governmental action to vacate or abandon roads, a county did not vacate or abandon a road by not maintaining easily located records. King v. Bd. of County Comm'rs of Fremont, 2010 WY 154, 244 P.3d 473, 2010 Wyo. LEXIS 163 (Wyo. 2010), reh'g denied, 2011 Wyo. LEXIS 3 (Wyo. Jan. 4, 2011).

§ 24-3-202. Definitions.

1. As used in this act:
   1. “Board” means the board of county commissioners of any county;
   2. “This act” means W.S. 24-3-201 through 24-3-206 .

History. Laws 1987, ch. 69, § 1.

Editor's notes. —

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

§ 24-3-203. Board may identify county roads through specified procedure; resolution; terms; limited to not more than 1 per area.

1. Notwithstanding W.S. 24-1-102 and 24-3-101 through 24-3-127 , when it finds the public interest so requires, the board may initiate the identification procedure under this act for county roads in the county by adopting a resolution to which maps shall be incorporated by reference which shall indicate a general description of all county roads in the area described in the map which shall be unaffected by identification under the resolution. No county road shall be listed as unaffected by a resolution under this act unless it was established under other law. No map incorporated into the resolution shall describe an area of less than six hundred forty (640) acres.
2. The board shall not adopt more than one (1) resolution identifying county roads under this act in any area of the county.
3. No road shall be vacated or altered under this act if it is currently identified and maintained as a county road. The identification procedure under this act shall not be used to establish a county road which was not previously established under other law.

History. Laws 1987, ch. 69, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 24-3-202(a)(ii).

Abandonment and vacation. —

In light of the statutory procedures for identifying a county road, along with the common law principles of “once a road, always a road” and the need for clear governmental action to vacate or abandon roads, a county did not vacate or abandon a road by not maintaining easily located records. King v. Bd. of County Comm'rs of Fremont, 2010 WY 154, 244 P.3d 473, 2010 Wyo. LEXIS 163 (Wyo. 2010), reh'g denied, 2011 Wyo. LEXIS 3 (Wyo. Jan. 4, 2011).

§ 24-3-204. Notice of identification to be published.

1. Prior to adoption of a resolution identifying county roads in any area in the county, notice of the proposed identification shall be posted on the county’s official website in the manner provided in W.S. 18-3-516(f) and published for two (2) successive weeks in the designated official newspaper of the county in substantially the following form: NOTICE OF IDENTIFICATION OF COUNTY ROADS UNDER THROUGH 24-3-206 W.S. 24-3-201 TO WHOM IT MAY CONCERN: The Board of County Commissioners intends to identify county roads in the following areas of (name of county) county under the identification procedure contained in W.S. 24-3-201 through 24-3-206 : (general description of areas described in the map, i.e. USGS Quad map, section, township, range, etc.) The only county roads in the township which shall exist after this identification procedure are described as follows: (Road name, road number or petition number) All other county roads within the area identified in the map which are not described above shall be accordingly vacated upon adoption of the resolution for identification. All objections to or claims for damage by reason of this identification procedure shall be filed in writing with the county clerk of this county before 12:00 noon on the day of (not less than thirty (30) days after publication of the second notice) or the county roads will be vacated as indicated without reference to the objections or claims. Click to view
2. The notice shall include a map of each area affected indicating the approximate location of county roads which shall exist after the proposed identification action.

History. Laws 1987, ch. 69, § 1; 2014, ch. 93, § 1.

The 2014 amendment, effective July 1, 2014, in (a), substituted “shall be posted on county's official website in the manner provided in W.S. 18-3-516(f) and published for two (2) successive weeks in the designated official newspaper of the county” for “shall be published for four (4) seccessive weeks in four (4) successive issues in a newspaper of general circulation in the county” and substituted “the second notice” for “the fourth notice” in the second sentence in the paragraph of the form.

§ 24-3-205. Objections and claims for damages; when filed; when barred; procedure for considering.

1. If the board initiates identification of county roads under this act, the board shall establish a date not less than thirty (30) days after the second notice is published, by which all objections to and claims for damages by reason of the identification shall be filed with the county clerk.
2. Objections to or claims for damages by reason of identification under this act filed after 12:00 noon [12:00 p.m.] on the date established in subsection (a) of this section shall not be considered by the board and are deemed waived.
3. If claims for damage are filed under this section, the claims shall be considered in the same manner as provided under W.S. 24-3-114 through 24-3-121 .

History. Laws 1987, ch. 69, § 1; 2021, ch. 149, § 1.

The 2021 amendment , effective July 1, 2021, substituted "second " for "fourth" in (a).

Meaning of “this act.” —

For the definition of “this act,” referred to in subsections (a) and (b), see § 24-3-202(a)(ii).

§ 24-3-206. Effect of identification.

If the board identifies roads under this act, the roads designated as county roads in the identification action shall be the only county roads within the area identified and all other county roads within the area identified are accordingly altered or vacated. The board shall direct the county clerk to and the county clerk shall record the identification as an entry in the abstract of lands books as if it were a conveyance of rights from the county to the lands affected. Roads identified as county roads under this act, shall not be county roads unless the county has a valid title or recorded easement to the right-of-way.

History. Laws 1987, ch. 69, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first and last sentences, see § 24-3-202(a)(ii).

§§ 24-4-101 and 24-4-102. [Repealed.]

Repealed by Laws 1994, ch. 13, § 2.

Editor's notes. —

These sections, which derived from Laws 1951, ch. 118, § 1, related to the county farm-to-market road program.

§ 24-5-101. Program in addition to any existing road program.

The road construction program contemplated by this act shall be known as “The Industrial Road Program”, which shall be in addition to and not as a substitute for any federal aid, primary, secondary or state-county road construction program or any other road program now in existence.

History. Laws 1961, ch. 136, § 1; W.S. 1957, § 24-69.1; 2011, ch. 129, § 301.

Cross references. —

As to state-county road construction program, see § 24-2-110 .

The 2011 amendment, effective July 1, 2011, deleted “and farm-to-market road program” following “secondary.”

§ 24-5-102. Board of county commissioners to incite procedure for industrial road.

A board of the county commissioners of any county may on its motion by resolution duly adopted where it deems the public interest so requires and a road-building emergency prevails incite the procedure for the establishment of an industrial road. The course and the point of termination of the road shall be determined by the board of the county commissioners. Before a board of the county commissioners of a county or counties can initiate the road program herein, it must have the cash money available for the project as described. Upon the adoption of such resolution by the board of the county commissioners of one (1) or more counties, it shall immediately notify the transportation commission of Wyoming of its intentions to establish a proposed industrial road.

History. Laws 1961, ch. 136, § 2; W.S. 1957, § 24-69.2; Laws 1991, ch. 241, § 3.

§ 24-5-103. Three viewers to examine industrial road proposal; appointment of viewers.

Three (3) viewers shall be appointed to examine into the expediency of the proposed industrial road and to make their report immediately. One (1) viewer shall be appointed by the board of the county commissioners at a regular or special meeting or the chairman of the board, if in his judgment an emergency exists, shall appoint a suitable and disinterested elector of the county, who may be a member of the board of the county commissioners; one (1) viewer shall be appointed by the member of the transportation commission in whose district the proposed industrial road is located, and the other viewer shall be appointed by the two (2) previously appointed viewers, which viewer shall not be a resident of the county in which the proposed industrial site is located.

History. Laws 1961, ch. 136, § 3; W.S. 1957, § 24-69.3; Laws 1991, ch. 241, § 3.

§ 24-5-104. Viewers to be sworn; scope of inquiry.

The persons so appointed shall be designated as viewers and they shall be sworn by some person or officer authorized by law to administer oaths before entering upon their duties, and they shall file their oaths in the office of the county clerk. They shall not be confined to the precise matter of the petition but may inquire or determine whether an industrial road in the vicinity is required.

History. Laws 1961, ch. 136, § 4, W.S. 1957, § 24-69.4.

Cross references. —

As to oaths generally, see chapter 2 of title 1.

§ 24-5-105. Viewers to consider certain standards.

In forming their judgment the viewers shall take into consideration both the public and private convenience, and also the expense of the proposed road.

History. Laws 1961, ch. 136, § 5; W.S. 1957, § 24-69.5.

§ 24-5-106. Viewers to report to county commissioners.

The said viewers shall report in writing to the board of the county commissioners, whether or not, in their judgment, said proposed road is practicable, and ought to be established, and state the probable expense of the same including damages to the property owners along the line thereof, and such other matters as shall enable the board to act understandingly in the premises.

History. Laws 1961, ch. 136, § 6; W.S. 1957, § 24-69.6.

§ 24-5-107. Compensation of viewers.

The board of the county commissioners shall allow said viewers such reasonable compensation for their services as they shall determine.

History. Laws 1961, ch. 136, § 7; W.S. 1957, § 24-69.7.

§ 24-5-108. Department of transportation to survey, plat and record proposed road.

If upon considering and acting upon the report of the viewers the board of the county commissioners shall decide to lay out a road, they shall contact the department of transportation which shall provide an accurate survey and plat and record the same in the book provided in the county for that purpose; a copy of the plat and notes of the survey shall without unnecessary delay be filed in the office of the county clerk.

History. Laws 1961, ch. 136, § 8; W.S. 1957, § 24-69.8; Laws 1991, ch. 241, § 3.

§ 24-5-109. Notice of proposed location of road; form of notice; publication; posting; registered mail.

1. Notice shall be published of the proposed location of such road by posting on the county’s official website in the manner provided in W.S. 18-3-516(f) and by publishing once weekly for two (2) successive weeks in the designated official newspaper of the county, which notice shall be in the following form:

   TO WHOM IT MAY CONCERN: The Board of the County Commissioners have decided to locate a road commencing at in County, Wyoming, running thence (here describe in general terms the points and courses thereof), and terminating at All objections thereto or claims for damages by reason thereof must be filed in writing with the County Clerk of said county, before noon [12:00 p.m.] on the day of , (year), or such road will be established without reference to such objections or claims for damages. Dated County Clerk

   Click to view

2. At the time the initial notices are published, the board of the county commissioners shall cause a copy of the above notice to be mailed by registered mail to all persons owning lands or any persons interested in lands over and across which said road is proposed to be located. The publication and posting of said notice shall be a legal and sufficient notice to all persons owning lands or claiming any interest in lands over which proposed road is to be located.

History. Laws 1961, ch. 136, § 9; W.S. 1957, § 24-69.9; 1999, ch. 150, § 2; 2014, ch. 93, § 1.

Cross references. —

As to publication of notices, see § 1-6-201 et seq.

The 2014 amendment, effective July 1, 2014, in the introductory paragraph of (a), inserted “by posting on the county's official website in the manner provided in W.S. 18-3-516(f) and by publishing,” substituted “two (2)” for “three (3),” inserted “designated,” and substituted “of the county” for “published in said county, if any there be, and if no newspaper be published therein such notice shall be posted in at least three (3) public places along the line of such proposed industrial road.”.

§ 24-5-110. Fixing date for filing objections or claims for damages.

The board of the county commissioners shall appoint a day not less than twenty (20) days after such publication or posted notice on or before which day all objections to the establishment of the industrial road and claim for damages by reason thereof shall be filed with the county clerk.

History. Laws 1961, ch. 136, § 10; W.S. 1957, § 24-69.10.

§ 24-5-111. Failure to file objections or claims for damages deemed waiver.

No objections or claims for damages shall be filed or made after the noon [12:00 p.m.] of the day fixed for filing the same. If no objections or claim for damages are filed, all such claims shall be deemed to have been waived and are barred.

History. Laws 1961, ch. 136, § 11; W.S. 1957, § 24-69.11.

§ 24-5-112. Hearing continued until matter disposed of when objections filed.

If objections to the establishment of the industrial road or if any claim for damages is filed, a further hearing may be continued by the board until the matter can be disposed of.

History. Laws 1961, ch. 136, § 12; W.S. 1957 § 24-69.12.

§ 24-5-113. Board to appoint appraisers to fix amount of damages; report.

When claims for damages are filed at the next regular meeting or special meeting of the board of the county commissioners, the board shall appoint three (3) disinterested electors of the county as appraisers to view the ground on a day as fixed by the board and they shall report their findings in the matter and file the report in writing with the county clerk within ten (10) days thereafter, fixing the amount of damages sustained by the claimants.

History. Laws 1961, ch. 136, § 13; W.S. 1957, § 24-69.13.

§ 24-5-114. Notification to appraisers of appointment; contents.

The county clerk shall cause each of said appraisers to be notified of his appointment stating in said notice first, the names of all appraisers; second, the names of all claims for damage on account of the location of the industrial road with the amount of damages asked by each claimant; third, stating when the report must be filed. The county clerk shall prepare suitable blanks for such notice, for the oath of appraisers, and for the report, a proper number of which shall be forwarded by him to them.

History. Laws 1961, ch. 136, § 14; W.S. 1957 § 24-69.14.

§ 24-5-115. Duties of appraisers; report to county commissioners; compensation.

The said appraisers shall within seven (7) days after receiving notice of their appointment meet at some convenient place on the line of the proposed industrial road, take and administer to each other an oath or affirmation to faithfully and impartially discharge their duties. They shall view the ground so far as they shall deem it necessary and fix the damages sustained by each claimant, after allowing for all benefits that may accrue to each claimant. By reason of the location of the industrial road they, or a majority of the appraisers shall make a report in writing to the board of the county commissioners within seven (7) days relating that they were sworn and affirmed as aforesaid and fixing the damages sustained by each claimant, if any, after allowing and deducting for benefits and where they have disallowed claims for damages they shall so state in their report. The said appraisers shall receive for their compensation such reasonable sum as the board of the county commissioners shall allow.

History. Laws 1961, ch. 136, § 15; W.S. 1957, § 24-69.15.

Cross references. —

As to oaths generally, see chapter 2 of title 1.

Cited in

TZ Land & Cattle Co. v. Grieve, 887 P.2d 511, 1994 Wyo. LEXIS 163 (Wyo. 1994).

§ 24-5-116. Road established; awards paid; certificate of legal description of property to be filed.

At the next meeting of the board of the county commissioners after receipt of the report of the appraisers, or as soon thereafter, as may be practicable, the board may hear testimony and consider petitions for and remonstrances against the establishment of such industrial road. In case there shall be no claim for damages filed, they shall act as speedily as possible in the matter. The board may increase or diminish the damages allowed by the appraisers. The amount of damages awarded, if any, shall immediately be paid to the person or persons entitled thereto or deposited with the county clerk for delivery, which payment shall be without prejudice to the right of such person or persons to appeal to the district court as provided by law. When the road has been established and the award paid by the board of the county commissioners to the person or persons entitled thereto or deposited with the county clerk, the highway authorities and the contractors and employees may take possession and exercise full control of the lands within the right-of-way of the road so established. A certificate, authorized by the board of the county commissioners and signed by its chairman, setting forth the legal description of the property taken shall be recorded in the office of the county clerk and indexed in like manner and with like effect as if it were a conveyance of the easement or right-of-way from said owners to the county.

History. Laws 1961, ch. 136, § 16; W.S. 1957, § 24-69.16.

Cross references. —

As to judicial review of administrative action, see Rule 12, W.R.A.P.

§ 24-5-117. Construction under supervision of director of department of transportation; division of construction costs.

The transportation commission shall cooperate with the respective counties of the state in the construction of the industrial road program. All work under the industrial road program shall be performed under the immediate control and supervision of the director of the department of transportation or his authorized representative and in accordance with plans and specifications prepared by the director or the chief engineer, which work in the county is known as its industrial road program and shall be promptly commenced upon request of its board of the county commissioners, which request shall contain the pledge of the county for contribution as specified. The term “construction” as used in this section shall include construction, reconstruction, surveys, mapping, right-of-way costs, bridges, culverts and fencing, in all of which whenever and to the extent possible the department of transportation shall use existing grades, bridges and other physical items or facilities in order to minimize or avoid more costly construction. Fifty percent (50%) of all expense shall be paid by the department of transportation, and the other fifty percent (50%) of the construction costs shall be paid by the board of the county commissioners of the county or counties concerned.

History. Laws 1961, ch. 136, § 17; W.S. 1957, § 24-69.17; Laws 1991, ch. 241, § 3.

§ 24-5-118. Industrial road program account.

The transportation commission shall set aside and appropriate out of funds in their possession or under their control, not otherwise appropriated, the sum of four million dollars ($4,000,000.00) at the beginning of each biennium to be placed in an account known as the industrial road program account within the highway fund. All funds not used during each biennium shall lapse and be returned to the general account of the highway fund.

History. Laws 1961, ch. 136, § 18; W.S. 1957, § 24-69.18; Laws 1974, ch. 16, § 2; 1991, ch. 241, § 3; 2001, ch. 51, § 1.

Cross references. —

As to state highway fund, see § 24-1-119 .

§ 24-5-119. Counties to match state funds; maximum amount of county expenditures; exception; acquisition of right-of-way.

Any county participating in the industrial road program shall match money equally with money set aside pursuant to W.S. 24-5-118 . These funds may be derived from any funds in the respective county budget now available or any monies which may subsequently be budgeted for this program, provided, however, no county shall expend on this program in excess of two million dollars ($2,000,000.00) each and every biennium. This act shall not apply to any project having a total cost of less than fifty thousand dollars ($50,000.00) total. The board of the county commissioners of each county shall acquire the right-of-way for any industrial road, the expense of which shall be charged against the industrial road program.

History. Laws 1961, ch. 136, § 19; W.S. 1957, § 24-69.19; Laws 1963, ch. 17, § 1; 1991, ch. 241, § 3; 2001, ch. 51, § 1; 2009, ch. 14, § 1.

The 2009 amendment, effective July 1, 2009, substituted “two million dollars ($2,000,000.00)” for “one million dollars ($1,000,000.00).”

§ 24-5-120. Industrial road to be designated as county road.

The industrial road, when completed, shall be designated as a county road and shall be the county responsibility as to maintenance and repair.

History. Laws 1961, ch. 136, § 20; W.S. 1957, § 24-69.20.

Cross references. —

As to designation of public highways, see § 24-1-101 .

§ 24-5-121. Priority of road projects.

1. In the event there are more county applications than the transportation commission has money available, the transportation commission shall determine which road project shall have priority based on these qualifications:
   1. Priority of notice from the board of the county commissioners;
   2. County money actually available for the project and deposited with the transportation commission;
   3. Traffic count;
   4. Number of people project will service as evidenced by information furnished by the county or counties interested in the project;
   5. Tax value of the area served by the industrial road as shown on the assessment rolls of the county or counties involved in the project from information furnished by the county assessor of said county or counties.

History. Laws 1961, ch. 136, § 21; W.S. 1957, § 24-69.21; Laws 1991, ch. 241, § 3.

Editor's notes. —

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

§ 24-5-122. Counties may associate on road project.

Two (2) or more counties may associate themselves together in connection with any industrial road project.

History. Laws 1961, ch. 136, § 22; W.S. 1957, § 24-69.22.

Cross references. —

As to bridges between counties, see § 24-1-114 .

§ 24-6-101. Purpose.

The legislature hereby finds, determines, and declares that this act [§§ 24-6-101 through 24-6-110 ] is necessary for the immediate preservation of the public peace, health, and safety, and for the promotion of the general welfare.

History. Laws 1949, ch. 85, § 1; C.S. 1945, § 48-346; W.S. 1957, § 24-70.

Quoted in

Woolley v. State Hwy. Comm'n, 387 P.2d 667, 1963 Wyo. LEXIS 128 (Wyo. 1963).

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

Abutting owner's right to damages or other relief for loss of access because of limited access highway or street, 43 ALR2d 1072, 42 ALR3d 13, 42 ALR3d 148.

Power to regulate or prohibit abutter's access to street or highway, 73 ALR2d 652.

Power to restrict or interfere with access of abutter by traffic regulations, 73 ALR2d 689.

Abutting owner's right to damages for limitation of access caused by conversion of conventional road into limited access highway, 42 ALR3d 13.

§ 24-6-102. Access facility defined.

For the purpose of this act [§§ 24-6-101 through 24-6-110 ], an access facility is defined as a highway or street especially designed for through traffic, and over, from or to which owners or occupants of abutting land or other persons have no right or easement or only a limited right or easement of access, light, air, or view by reason of the fact that their property abuts upon such controlled access facility or for any other reason. Such highways or streets may be parkways, from which trucks, buses and other commercial vehicles may be excluded; or they may be freeways open to use by all customary forms of street and highway traffic.

History. Laws 1949, ch. 85, § 2; C.S. 1945, § 48-347; Laws 1955, ch. 42, § 1; W.S. 1957, § 24-71.

Applied in

HKD Homesite Co. v. Board of County Comm'rs, 69 Wyo. 236, 240 P.2d 885, 1952 Wyo. LEXIS 2 (1952).

Stated in

Town of Clearmont v. State Hwy. Comm'n, 357 P.2d 470, 1960 Wyo. LEXIS 81 (Wyo 1960).

§ 24-6-103. Highway authorities to plan access facilities; scope and limitations of authority.

The highway authorities of the state, counties, cities, towns, and villages, acting alone or in cooperation with each other or with any federal, state, or local agency of any other state having authority to participate in the construction and maintenance of highways, are hereby authorized to plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide access facilities for public use wherever such authority or authorities are of the opinion that traffic conditions, present or future, will justify such special facilities; provided, that within cities, towns and villages such authority shall be subject to such municipal consent as may be provided by law. Said highway authorities of the state, counties, cities, villages, and towns, in addition to the specific powers granted in this act [§§ 24-6-101 through 24-6-110 ], shall also have and may exercise, relative to access facilities, any and all additional authority now or hereafter vested in them relative to highways or streets within their respective jurisdictions. Said units may regulate, restrict, or prohibit the use of such access facilities by the various classes of vehicles or traffic in a manner consistent with W.S. 24-6-102 .

History. Laws 1949, ch. 85, § 3; C.S. 1945, § 48-348; W.S. 1957, § 24-72.

Legislature has left location and construction of highways exclusively to highway authorities, and the general rule is that, at least in the absence of statutory provisions, the determination of the necessity or advisability of locating and constructing highways is exclusively in the power of the tribunal created for such purpose by the legislature and the courts have no jurisdiction in such matters. Clearmont v. State Highway Comm'n, 357 P.2d 470, 1960 Wyo. LEXIS 81 (Wyo. 1960).

Quoted in

Woolley v. State Hwy. Comm'n, 387 P.2d 667, 1963 Wyo. LEXIS 128 (Wyo. 1963).

Stated in

HKD Homesite Co. v. Board of County Comm'rs, 69 Wyo. 236, 240 P.2d 885, 1952 Wyo. LEXIS 2 (1952).

§ 24-6-104. Powers of highway authorities generally.

The highway authority of the state, county, city, town, or village may designate and establish access highways as new and additional facilities or may designate and establish an existing street or highway as included within an access facility. The state or any of its subdivisions shall have authority to provide for the elimination of intersections at grade of access facilities with existing state and county roads, and city and town or village streets, by grade separation or service road, or by closing off such roads and streets at the right-of-way boundary line of such access facility; and after the establishment of any access facility, no highway or street which is not part of said facility shall intersect the same at grade. No city, town, or village street, county or state highway or other public way shall be opened into or connected with any such access facility without the consent and previous approval of the highway authority in the state, county, city, town, or village having jurisdiction over such limited access facility. Such consent and approval shall be given only if the public interest shall be served thereby.

History. Laws 1949, ch. 85, § 6; C.S. 1945, § 48-351; W.S. 1957, § 24-73.

§ 24-6-105. Design and regulation of access to highway.

The highway authorities of the state, county, city and town are authorized to design any access facility and to regulate, restrict or prohibit access as in their opinion may best serve the traffic for which the facility is intended. When an access facility is established under the authority of this act [§§ 24-6-101 through 24-6-110 ] and if rights of ingress or egress are granted and designated by the highway authorities at specified points along the access facility as provided, the means of ingress or egress to and from the access facility shall be limited to the use designated by the transportation commission. In the event the commission grants a private and not a commercial entrance or access to the highway, the entrance or point of access shall not be used for or in connection with the conduct of any roadside business or other commercial enterprise. The highway authorities are authorized to divide and separate any access facility into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations, or by designating separate roadways by signs, markers, stripes, and the proper lane for such traffic by appropriate signs, markers, stripes and other devices. No person shall have any right of ingress or egress to, from, or across access facilities to or from abutting lands, except at such designated points at which access may be permitted, for the use for which access may be permitted, and upon such terms and conditions as may be specified by proper authority from time to time, or as specifically provided for.

History. Laws 1949, ch. 85, § 4; C.S. 1945, § 48-349; Laws 1957, ch. 67, § 1; W.S. 1957, § 24-74; Laws 1991, ch. 241, § 3.

Cross references. —

As to marking of bypasses, see § 24-1-129 .

Quoted in

HKD Homesite Co. v. Board of County Comm'rs, 69 Wyo. 236, 240 P.2d 885, 1952 Wyo. LEXIS 2 (1952).

§ 24-6-106. Acquisition of public or private property.

For the purposes of this act [§§ 24-6-101 through 24-6-110 ], the highway authorities of the state, county, city, town, or village may acquire private or public property and property rights for access facilities and service roads, including rights of access, air, view, and light, by gift, devise, purchase or condemnation in the same manner as such units are now or hereafter may be authorized by law to acquire such property or property rights in connection with highways and streets within their respective jurisdictions. All property rights acquired under the provisions of this act shall be in fee simple where conditions permit, otherwise by appropriate easement.

History. Laws 1949, ch. 85, § 5; C.S. 1945, § 48-350; W.S. 1957, § 24-75.

Cross references. —

As to condemnation of property, see Rule 71.1, W.R.C.P.

Quoted in

HKD Homesite Co. v. Board of County Comm'rs, 69 Wyo. 236, 240 P.2d 885, 1952 Wyo. LEXIS 2 (1952); Woolley v. State Hwy. Comm'n, 387 P.2d 667, 1963 Wyo. LEXIS 128 (Wyo. 1963).

§ 24-6-107. Agreements respecting financing and planning.

The highway authorities of the state, city, county, town, or village are authorized to enter into agreements with each other, or with the federal government, respecting the financing, planning, establishment, improvement, maintenance, use, regulation, or vacation of access facilities or other public ways in their respective jurisdictions, to facilitate the purposes of this act [§§ 24-6-101 through 24-6-110 ].

History. Laws 1949, ch. 85, § 7; C.S. 1945, § 48-352; W.S. 1957, § 24-76.

§ 24-6-108. Property rights of abutting residents.

No access facility shall be constructed without providing for the property rights of residents whose homes or places of business are now located on or abut the said proposed access facility. In all such cases, provisions shall be made to afford said residents access to said facility within five hundred (500) feet of their homes or places of business; or in the alternative, and at the option of the proper highway authorities, service roads shall be built so as to afford said residents a convenient route to the nearest city, town or village adjoining them.

History. Laws 1949, ch. 85, § 9; C.S. 1945, § 48-354; W.S. 1957, § 24-77.

Scope of legislative authority. —

The legislature has a right to provide, as it did in this section, that in lieu of provisions to afford residents access to access facilities within 500 feet of their homes or places of business, proper highway authorities may build service roads so as to afford a “convenient” route to the nearest city or town. However, the legislature cannot infringe upon or take from property owners the right to be compensated, according to the requirement of art. 1, § 33, Wyo. Const.State Highway Comm'n v. Peters, 416 P.2d 390, 1966 Wyo. LEXIS 152 (Wyo. 1966).

“Now” construed. —

The legislature probably did not intend the word “now” to mean at the time of passage of this chapter. Love v. State Highway Comm'n, 420 P.2d 444, 1966 Wyo. LEXIS 181 (Wyo. 1966).

“Residents” construed. —

The term “residents” as used in the first sentence of this section and the term “said residents” as used in other portions of this chapter are not construed to apply to persons residing outside the state of Wyoming. Love v. State Hwy. Comm'n, 420 P.2d 444, 1966 Wyo. LEXIS 181 (Wyo. 1966).

Building not constituting a place of business. —

Plaintiff 's building did not constitute a place of business at the time a new highway was constructed, or at any other time. Love v. State Highway Comm'n, 420 P.2d 444, 1966 Wyo. LEXIS 181 (Wyo. 1966).

§ 24-6-109. Local service roads or streets.

In connection with the development of any access facility the state, county, city, town, or village highway authorities are authorized to plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets or to designate as local service roads and streets any existing road or street, and to exercise jurisdiction over service roads in the same manner as is authorized over access facilities under the terms of this act [§§ 24-6-101 through 24-6-110 ], if in their opinion, such local service roads and streets are necessary or desirable. Such local service roads or streets shall be of appropriate design, and shall be separated from the access facility proper by means of all devices designated as necessary or desirable by the proper authority.

History. Laws 1949, ch. 85, § 8; C.S. 1945, § 48-353; W.S. 1957, § 24-78.

§ 24-6-110. Prohibited acts.

1. It shall be unlawful for any person to:
   1. Drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on access facilities;
   2. Make a left turn, a semicircular, or U-turn except through an opening provided for that purpose in the dividing curb section, separation, or line;
   3. Drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section, or line;
   4. Drive any vehicle into the access facility from a local service road except through an opening provided for that purpose in the dividing curb or dividing section or dividing line which separates such service road from the access facility proper.
2. The performance of a prohibited act shall not be unlawful if necessitated by an emergency resulting from the then existing condition of such access facility or local service road. If access to the facility is made by means of cutting or removal of a fence or gate, the person so doing shall be liable for its repair or replacement under the direction of the department of transportation. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and upon arrest and conviction shall be punished by a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00).

History. Laws 1949, ch. 85, § 10; C.S. 1945, § 48-355; W.S. 1957, § 24-79; Laws 1965, ch. 51, § 1; 1991, ch. 241, § 3.

Severability and repealing clauses. —

Laws 1949, ch. 85, § 11, provides: “If any section, provision, or clause of this act shall be declared invalid or inapplicable to any person or circumstance, such invalidity or inapplicability shall not be construed to affect the portions not so held or persons or circumstances not so affected. All laws or portions of laws inconsistent with the policy and provision of this act are hereby repealed to the extent of such inconsistency in its application to controlled access facilities provided for in this act.”

§ 24-6-111. Service stations not to be constructed or located within right-of-way.

No automotive service station or other commercial establishment for serving motor vehicle users shall be constructed or located within the right-of-way of, or on publicly owned or publicly leased land acquired or used for or in connection with, an access facility, as defined by W.S. 24-6-102 .

History. Laws 1959, ch. 178, § 1; W.S. 1957, § 24-79.1.

§ 24-7-101. Subject to city or town election.

1. It is hereby declared to be the public policy of the state of Wyoming that no state highway or state and federal highway now traversing or passing through any incorporated city or town of the state of Wyoming shall be so moved or relocated in such city or town as to divert the present route of the same in such city or town nor to bypass such city or town except with the express approval of the people thereof.
2. In any incorporated city or town when the decision is to be made, the proposal to move or relocate a highway shall be submitted at any regular or special election in the municipality to the qualified electors thereof. The ballot question shall set forth a concise and accurate summary of the proposed change and shall permit and direct each voter to vote either “For the Proposed Change” or “Against the Proposed Change”. The election shall be conducted in all respects as any other municipal election. If a majority of those voting are in favor of the proposal to move or relocate the highway, the proposal carries. Otherwise, the proposal fails.
3. If the majority of the ballots cast in such election in any town or city shall be in favor of the proposed change, as herein provided, then the governing board of such city or town shall proceed to effectuate the same, but if the majority in either case shall oppose such change then such governing board shall have no further jurisdiction or authority to consider or act upon the same; provided, however, that nothing herein contained shall prevent the governing board of any city or town wherein, because of congestion of motor vehicle traffic, narrowness of streets, density of fumes, smoke or exhaust, intensity or frequency of unusually loud sounds, or other cause, the passage of motor vehicles consisting of more than one (1) self-propelled unit constitutes a nuisance or an actual danger to health or safety, as determined by such governing board, from establishing a separate route for such multi-unit motor vehicles around such city or town but connecting with public highways at or near the boundaries thereof, by acquiring lands or easements for rights-of-way for such routes, which need not be dedicated to the public nor to the public use but may be laid out as private highways solely for the use of such multi-unit motor vehicles.

History. Laws 1950, Sp. Sess., ch. 18, § 1; C.S. 1945, § 48-122; Laws 1953, ch. 185, § 1; W.S. 1957, § 24-80; Laws 1981, ch. 75, § 1.

Cross references. —

As to qualifications of electors, see § 22-3-102 .

New highway which diverts traffic from one existing may notalways be considered a bypass. —

The supreme court is unable to glean an intention from the language actually used by the legislature that any new highway which diverts traffic from one already existing is to be considered a bypass. Clearmont v. State Highway Comm'n, 357 P.2d 470, 1960 Wyo. LEXIS 81 (Wyo. 1960).

Legislature did not simply provide that no city or town should be bypassed. It provided in plain English and language that cannot be misunderstood that an existing highway in a city or town cannot be moved, relocated or changed so as to bypass such city or town without the choice of the people of the town or city. It failed to mention any new highway if the existing highway is let alone; rather, it is a change from the existing highway to which reference is made in the bypass law. Clearmont v. State Highway Comm'n, 357 P.2d 470, 1960 Wyo. LEXIS 81 (Wyo. 1960).

Distinction between incorporated and unincorporated citiesand towns not unreasonable. —

While it is not necessary to determine the constitutionality of this section, it is doubtful that the distinction made between incorporated and unincorporated cities and towns is unreasonable. Clearmont v. State Highway Comm'n, 357 P.2d 470, 1960 Wyo. LEXIS 81 (Wyo. 1960).

This section provides no redress or remedy for a town lying 29 miles from the proposed route of a new federal interstate highway. Clearmont v. State Highway Comm'n, 357 P.2d 470, 1960 Wyo. LEXIS 81 (Wyo. 1960).

§ 24-7-102. Prohibited expenditures.

It is declared to be unlawful for the transportation commission or the department of transportation to expend any monies for the construction of a proposed change or for the acquisition of the necessary right-of-way for the same, until the approval of the governing body of the affected town or city shall have first been obtained as above provided.

History. Laws 1950, Sp. Sess., ch. 18, § 2; C.S. 1945, § 48-123; W.S. 1957, § 24-81; Laws 1991, ch. 241, § 3.

§ 24-7-103. Application of W.S. 24-1-127, 24-7-101 through 24-7-103.

This enactment shall have no application to the usual and necessary diversion of traffic for purposes of road repair or reconstruction, nor shall it apply to any city having a population of more than twenty thousand (20,000), nor shall the provisions of this act be retroactive from the effective date of this act.

History. Laws 1950, Sp. Sess., ch. 18, § 3; C.S. 1945, § 48-124; Laws 1953, ch. 185, § 2; W.S. 1957, § 24-82; 2009, ch. 170, § 1.

The 2009 amendment, effective July 1, 2009, deleted “people at the last preceding federal census” following “twenty thousand (20,000).”

Editor's notes. —

Laws 1950, Sp. Sess., ch. 18, § 6, makes the act effective from and after passage and approval. Approved March 1, 1950.

Laws 2009 ch 170 § 3 provides:

“(a) No authority to issue any license based upon population shall be diminished by application of this act until the 2010 federal decennial census has been conducted and officially released by the bureau of census.

“(b) No distribution of funding shall be diminished or increased based upon application of this act until the 2010 federal decennial census has been conducted and officially released by the bureau of census. To the extent any entity's share of funding would be reduced or increased by application of this act before that time, the distribution of funds shall be administered in accordance with the provisions of law prior to the amendment or repeal of such law by this act.”

Repealing and severability clauses. —

Laws 1950, Sp. Sess., ch. 18, § 5, provides: “All other acts, or portions thereof, in conflict herewith are hereby repealed insofar as they are in conflict with the purposes herein expressed. If any portion of this enactment be declared unconstitutional the legislature hereby declares that, notwithstanding the same, it is its intention to enact the remaining valid portion thereof.”

Applied in

Town of Clearmont v. State Hwy. Comm'n, 357 P.2d 470, 1960 Wyo. LEXIS 81 (Wyo 1960).

§ 24-7-104. Connecting roads; construction.

From and after the passage of this act whenever an established state highway is relocated, it shall be the duty of the department of transportation to cause to be constructed a hard-surfaced highway from any city or town of a population of not less than fifty (50) people now on or adjacent to the established highway to the relocated highway by the nearest practicable route.

History. Laws 1949, ch. 51, § 1; C.S. 1945, § 48-119; W.S. 1957, § 24-83; Laws 1991, ch. 241, § 3.

Editor's notes. —

Laws 1949, ch. 51, was approved February 18, 1949.

§ 24-7-105. Connecting roads; expense.

The connecting roads from the cities or towns to the relocated highway shall be constructed and maintained by the department of transportation without expense to the county or counties in which the roads are constructed.

History. Laws 1949, ch. 51, § 2; C.S. 1945, § 48-120; W.S. 1957, § 24-84; Laws 1991, ch. 241, § 3.

§ 24-7-106. Connecting roads; property owners to be furnished approaches.

Adjacent property owners shall be furnished safe, convenient and proper approaches to such relocated or connecting highways, but not beyond the highway right-of-way.

History. Laws 1949, ch. 51, § 3; C.S. 1945, § 48-121; W.S. 1957, § 24-85.

§ 24-8-101. Purpose, issuance and disposal.

For the purpose of providing funds for the construction and improvement of public roads and highways in Wyoming, the state treasurer, with the approval of the governor is hereby authorized from time to time within the limits of the amount authorized by law to issue and dispose of bonds of the state of Wyoming to be designated as highway bonds.

History. Laws 1919, ch. 82, § 1; C.S. 1920, § 3020; R.S. 1931, § 52-501; C.S. 1945, § 48-201; W.S. 1957, § 24-86.

Cross references. —

As to state highway fund, see § 24-1-119 .

As to limitation on state debt, see art. 16, §§ 1, 2, Wyo. Const.

As to state bonds generally, see §§ 9-4-901 through 9-4-1002 .

Cited in

Simpkin v. Rock Springs, 33 Wyo. 166, 237 P. 245, 1925 Wyo. LEXIS 32 (1925).

§ 24-8-102. Denominations; interest rate; redemption; sale and issuance procedures; recordation.

Such bonds shall bear date and may be issued in such amounts and bearing such rates of interest, not exceeding ten percent (10%) per annum, as shall be determined by the governor and state treasurer. They shall be redeemable at the option of the state ten (10) years after date and payable twenty (20) years after date. The interest shall be payable semiannually at the option of the holder at the office of the state treasurer, or at such bank in the city of New York as may be designated in the bonds. They may be issued in denominations of five hundred ($500.00), one thousand ($1,000.00), five thousand ($5,000.00) and ten thousand ($10,000.00) dollars and shall be engraved and printed under the direction of the governor and shall be signed by the governor and attested by the secretary of state under the seal of the state and countersigned by the state treasurer. Interest coupons with lithographed facsimile signature of the state treasurer may be attached to said bonds. At the request of the holder, bonds may be registered with the state auditor. The bonds shall be deposited until sold with the state treasurer and when sold the proceeds of such bonds shall be paid into the state treasury and be kept in a separate fund which shall be known as state highway fund. Such bonds shall be in the form determined by the governor and the treasurer and each bond shall have endorsed thereon a certificate signed by the auditor and secretary of state that the bond is issued pursuant to law and is within the debt limit. Such bonds shall be numbered from one (1) upward and shall be redeemable in that order. Before issuance they are to be recorded in the office of the state treasurer.

History. Laws 1919, ch. 82, § 2; C.S. 1920, § 3021; R.S. 1931, § 52-502; C.S. 1945, § 48-202; W.S. 1957, § 24-87; Laws 1971, ch. 254, § 26.

Cross references. —

As to state highway fund, see § 24-1-119 .

For constitutional provision requiring endorsement on bonds, see art. 16, § 8, Wyo. Const.

§ 24-8-103. Notice of intention to issue; sale to public; rejection of bids.

The state treasurer shall give notice by publication in not less than three (3) newspapers published in the state and at least one (1) newspaper published outside the state, of his intention to issue and negotiate bonds in all cases where the same are not purchased out of state funds and the bonds shall be sold at not less than the par value thereof to the highest responsible bidder in response to such advertisement. The state treasurer, however, may reject any or all bids.

History. Laws 1919, ch. 82, § 3; C.S. 1920, § 3022; Laws 1931, ch. 73, § 49; R.S. 1931, § 52-503; C.S. 1945, § 48-203; W.S. 1957, § 24-88.

Cross references. —

As to publication of notices, see § 1-6-201 et seq.

§ 24-8-104. Tax levies; notice of redemption.

The state board of equalization shall each year at the time of making the annual levy for state purposes direct the boards of county commissioners of the several counties to levy upon all taxable property a tax which, with other funds available for the purpose, shall be sufficient to pay the interest on all such bonds outstanding for that year. Beginning with the tenth year after date of issue of any series of such bonds an additional tax shall be levied which, with other funds available for the purpose, shall be sufficient to redeem one-tenth of the bonds in such series then outstanding. Notice of the call for the redemption of such bonds shall be given at the office of the state treasurer and at the office of the financial agency where the same are payable.

History. Laws 1919, ch. 82, § 4; C.S. 1920, § 3023; R.S. 1931, § 52-504; C.S. 1945, § 48-204; W.S. 1957, § 24-89.

Cross references. —

As to authorized mill levies, see § 39-13-104 .

§ 24-8-105. Investment of state money.

Whenever the state treasurer shall have in his hands any funds whether permanent state funds or other funds available for investment he may, in his discretion, purchase state highway bonds and invest therein at not to exceed the market value such portion of the available funds as he may deem expedient. Any premiums which may be paid for such bonds shall be taken from other than permanent funds.

History. Laws 1919, ch. 82, § 5; C.S. 1920, § 3024; R.S. 1931, § 52-505; C.S. 1945, § 48-205; W.S. 1957, § 24-90.

§ 24-8-106. [Repealed.]

Repealed by Laws 2011, ch. 129, § 202.

Editor's notes. —

This section, which derived from Laws 1929, Sp. Sess., ch. 8, § 2; 1931, ch. 73, § 171; R.S. 1931, § 52-506; C.S. 1945, § 48-206; W.S. 1957, § 24-91, related to disposition of funds from sale.

Effective dates. —

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

§ 24-9-101. Answer and complaint; initial hearing; appointment of viewers and appraisers.

1. Any person whose land has no outlet to, nor connection with a public road, may commence an action in district court in any county in which any part of the land is located for a private road leading from his land to some convenient public road. The plaintiff shall join as defendants the owners of record, owners of recorded easements and rights of way and any lessee, mortgagee or occupant of the land over which any proposed road would cross. The complaint shall contain a short and plain statement of:
   1. The legal description of the land owned by the plaintiff to which access is sought and a statement that all or some of the land is located within the county;
   2. A specific statement as to why the land has no legally enforceable access, other than a waterway, and whether the land is surrounded on all sides by land owned by another person or persons or a natural or man-made barrier making access unreasonably costly;
   3. A description of the plaintiff’s efforts to purchase a legally enforceable access to a public road;
   4. A description sufficient to identify the general location of any access routes proposed by the plaintiff;
   5. The legal description of all land over which any proposed access routes would cross; and
   6. A statement as to whether any actions of the plaintiff or any person with the consent and knowledge of the plaintiff, caused the plaintiff’s land to lose or to not have any legally enforceable access.
2. The defendant’s answer shall set forth the location and description, in the manner described in paragraphs (a)(iv) and (v) of this section, of any alternate routes proposed by the defendant and the owners of record, owners of recorded easements and rights of way and any lessee, mortgagee or occupant of the land over which any proposed alternate routes would cross.
3. The court shall give an action for a private road precedence over other civil cases pending in court, other than election contests, and the action shall in every way be expedited.
4. If the plaintiff has had access to his land and that access is being denied or restricted, the court may grant temporary access to the plaintiff over a route identified by the court pending the outcome of the proceedings.
5. The plaintiff shall join as defendants persons identified under subsection (b) of this section or otherwise identified by a defendant as the owners of record, owners of recorded easements and rights of way and any lessee, mortgagee or occupant of the land over which any proposed alternative routes would cross.
6. The court may require the plaintiff to file a bond to pay for costs allowed under W.S. 24-9-103 .
7. Repealed by Laws 2013, ch. 99, § 3.
8. The court shall hold an initial hearing to determine whether the plaintiff has satisfied the requirements of this section and access is necessary because the plaintiff has no legally enforceable access. If the court finds the requirements of this section have been met and access is necessary, the court shall appoint three (3) disinterested persons as viewers and appraisers. Before entering upon their duties the viewers shall take and subscribe to an oath that they will faithfully and impartially perform their duties under their appointment as viewers and appraisers. The court shall direct them to meet on a day named in the order on the proposed road, and view and appraise any damages, at which time and place all persons interested may appear and be heard by the viewers. The viewers and appraisers shall then proceed to locate and mark out a private road and alternative routes as they deem appropriate, provided the location of the road shall not be marked out to cross the lands of any person not joined in the action. The viewers and appraisers shall recommend to the court the most reasonable and convenient route, provided that access shall be along section and boundary lines whenever practical. The viewers and appraisers may recommend specific conditions that the court place on the road, including provisions for maintenance and limitations on the amount and type of use. The proposed road shall not exceed thirty (30) feet in width from a certain point on the land of the plaintiff to some certain point on the public road, and shall be located so as to do the least possible damage to the lands through which the private road is located. The viewers and appraisers shall also appraise any damages sustained by the owner over which the road is to be established and make full and true returns, with a plat of the road to the court. The viewers and appraisers shall also determine whether or not any gates or cattleguards should be placed at proper points on the road, and appraise any damages in accordance with that determination.
9. In determining any damages to be suffered by a defendant, the viewers and appraisers shall appraise the value of the property affected by the road before and after the road is in place. Damages also may include reasonable compensation for any improvements on the lands over which any private road is to be granted which were not paid for and will be used by the plaintiff.
10. and (m) Repealed by Laws 2013, ch. 99, § 3.

History. Laws 1895, ch. 69, § 28; R.S. 1899, § 1933; Laws 1901, ch. 11, § 1; C.S. 1910, § 2540; C.S. 1920, § 3012; R.S. 1931, § 52-231; C.S. 1945, § 48-331; W.S. 1957, § 24-92; Laws 1985, ch. 56, § 1; 2000, ch. 88, § 1; 2003, ch. 9, § 1; 2008, ch. 58, § 1; 2009, ch. 188, § 1; 2011, ch. 46, § 1; 2013, ch. 99, §§ 2, 3.

Cross references. —

As to oaths, see chapter 2 of title 1.

As to publication of notices, see § 1-6-201 et seq.

The 2008 amendment, effective July 1, 2008, added (m).

The 2009 amendment, effective July 1, 2009, in (h), divided the former first sentence into the present first and third sentences by adding “within thirty (30) days of the completion of the hearing enter its order so finding and certify the application directly to the district court unless the board elects to retain jurisdiction” at the end of the first sentence and redesignating the language beginning “The board shall appoint” as the third sentence, and added the present second sentence; inserted “conducted by the board of county commissioners” in the first sentence of (k), and rewrote (m) which read: “If at the completion of the hearing the board finds that the applicant has satisfied the requirements of this section and access is necessary because the applicant has no legally enforceable access, the board shall, within twenty (20) days of so finding, certify the application directly to the district court unless the board elects to retain jurisdiction. Notice of the board's certification shall be made in writing to the clerk of the district court and to all affected parties having an interest in the lands through which the proposed road or any alternative road may pass. The district court shall treat the certified application as a newly filed civil action upon payment of a filing fee by the applicant as provided in W.S. 5-3-206(a)(i).”

The 2011 amendment, effective July 1, 2011, in (b), added the last sentence; in (c), substituted “eighty-five (85)” for “thirty (30),” and “not sooner than one hundred forty-five (145) days after the filing of the application with the board” for “at a date that allows the applicant time to give all notice required under this section”; and in (e), inserted “all landowners affected by any alternative routes proposed as provided in subsection (b) of this section,” deleted “or the viewers and appraisers” at the end of the first sentence; substituted “forty-five (45)” for “sixty (60)” twice, and inserted “including any landowner affected by any alternative route proposed as provided in subsection (b) of this section.”

The 2013 amendment, effective July 1, 2013, rewrote the section, modifying the procedures for establishing private roads.

Editor's notes. —

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

Generally.—

From the private road statute, Wyo. Stat. Ann. § 24-9-101(a) (2015), and its cases interpreting that statute, the Supreme Court of Wyoming draws the following framework to determine whether a private road applicant has established the necessity of a private road: (1) does the private road applicant's property have direct access to a public road or a legally enforceable connection with or outlet to a public road; (2) does that public road provide convenient and reasonable access to the applicant's property? If both questions are answered in the affirmative, the private road applicant has failed to establish the necessity of the requested private road. Thornock v. Esterholdt, 2016 WY 63, 375 P.3d 750, 2016 Wyo. LEXIS 71 (Wyo. 2016).

Reasonable and convenient access. —

For purposes of Wyo. Stat. Ann. § 24-9-101(a) (2015), a road running between the landowners' northern parcel and another parcel they owned provided the landowners with reasonable and convenient access where the northern parcel adjoined and had direct access to the road, the fact that their right to use the road was not a legally enforceable right appurtenant to their property did not change the adequacy of the access provided, there was no evidence that obtaining a commercial permit imposed a substantial burden on the landowners or was obviously impractical and unreasonable, and the negative effect on their property values of having public road access to their property rather than legally enforceable access was irrelevant to the question of necessity under the private road statute. Thornock v. Esterholdt, 2016 WY 63, 375 P.3d 750, 2016 Wyo. LEXIS 71 (Wyo. 2016).

Because the district court never decided the question of whether a proposed private road was reasonable or convenient, collateral estoppel and law of the case did not apply; the question of whether the applicants' proposed route was a reasonable one was not previously before the district court because the issues addressed were whether the applicants filed their application in good faith and whether their property was landlocked. Whaley v. Flitner Ltd. P'ship, 2017 WY 59, 395 P.3d 653, 2017 Wyo. LEXIS 58 (Wyo. 2017).

This section offers complete relief to the shut-in landowner and covers the whole subject matter. Snell v. Ruppert, 541 P.2d 1042, 1975 Wyo. LEXIS 171 (Wyo. 1975), overruled in part, Ferguson Ranch, Inc. v. Murray, 811 P.2d 287, 1991 Wyo. LEXIS 84 (Wyo. 1991); Acquiring Access to Private Landlocked Tracts: Wyoming's Statutory Right-of-Way, Walton v. Dana, 609 P.2d 461, 1980 Wyo. LEXIS 256 (Wyo. 1980), overruled in part, Ferguson Ranch, Inc. v. Murray, 811 P.2d 287, 1991 Wyo. LEXIS 84 (Wyo. 1991).

Application properly approved.—

Private road was properly established to provide a landowner with access to their property because the record supported the designation of the route as the most reasonable and convenient route. Furthermore, the district court did not err when it declined to impose proposed use restrictions—to limit use of the road to a single-family dwelling and agricultural purposes and to prohibit the landowner from using it for subdivision—because the evidence supported the court’s finding that the proposed restrictions were inappropriate. Sharpe v. Timchula, 2019 WY 121, 453 P.3d 761, 2019 Wyo. LEXIS 123 (Wyo. 2019).

Damages.—

Although a private road was properly established to provide a landowner with access to their property, the district court erred in its award of damages because damages were not calculated in accordance with the statutory requirements. The court on remand was to instruct the viewers and appraisers to determine and separately report the before and after values of each separately owned parcel of affected land and to explain the factors that affected each reported before and after value. Sharpe v. Timchula, 2019 WY 121, 453 P.3d 761, 2019 Wyo. LEXIS 123 (Wyo. 2019).

And pursuit of additional remedy not required. —

This section does not require that petitioner seek other relief prior to filing petition for a private road. Miller v. Bradley, 4 P.3d 882, 2000 Wyo. LEXIS 115 (Wyo. 2000).

It has its roots in art. 1, §§ 32 and 33, Wyo. Const. Snell v. Ruppert, 541 P.2d 1042, 1975 Wyo. LEXIS 171 (Wyo. 1975), overruled in part, Ferguson Ranch, Inc. v. Murray, 811 P.2d 287, 1991 Wyo. LEXIS 84 (Wyo. 1991).

Good faith. —

Good faith in bringing an application to the board of county commissioners for establishment of a private road is an essential prerequisite. Mayland v. Flitner, 2001 WY 69, 28 P.3d 838, 2001 Wyo. LEXIS 84 (Wyo. 2001).

Section not nullified if susceptible of sensible construction. —

This section must be given a sensible construction and the court will not nullify its operation if the section is susceptible of another interpretation. Acquiring Access to Private Landlocked Tracts: Wyoming's Statutory Right-of-Way, Walton v. Dana, 609 P.2d 461, 1980 Wyo. LEXIS 256 (Wyo. 1980), overruled in part, Ferguson Ranch, Inc. v. Murray, 811 P.2d 287, 1991 Wyo. LEXIS 84 (Wyo. 1991).

Land-locked landowner is not confined to the common-law remedy of forcing a way of necessity across the lots, having a common origin of unity of title with his, but he has available to him the right to take a private road across the lands of a stranger to his title. Snell v. Ruppert, 541 P.2d 1042, 1975 Wyo. LEXIS 171 (Wyo. 1975), overruled in part, Ferguson Ranch, Inc. v. Murray, 811 P.2d 287, 1991 Wyo. LEXIS 84 (Wyo. 1991).

And bringing of common-law action not condition precedent to invoking section. —

It is not a condition precedent to proceeding under this section that a landlocked owner must first proceed to enforce and proceed under any common-law way of necessity he may have. Acquiring Access to Private Landlocked Tracts: Wyoming's Statutory Right-of-Way, Walton v. Dana, 609 P.2d 461, 1980 Wyo. LEXIS 256 (Wyo. 1980), overruled in part, Ferguson Ranch, Inc. v. Murray, 811 P.2d 287, 1991 Wyo. LEXIS 84 (Wyo. 1991).

For section abrogates common law. —

This section, which provides that any person whose land has no outlet to, nor connection with, a public road, may make application for a private road, abrogates the common law, under which there is present the implied consent of the owner that his grantee has an outlet from the property he has conveyed and payment of compensation for the way of necessity is not anticipated. Snell v. Ruppert, 541 P.2d 1042, 1975 Wyo. LEXIS 171 (Wyo. 1975), overruled in part, Ferguson Ranch, Inc. v. Murray, 811 P.2d 287, 1991 Wyo. LEXIS 84 (Wyo. 1991).

This state no longer recognizes the common-law easement by necessity in cases involving landlocked estates. Leo Sheep Co. v. United States, 440 U.S. 668, 99 S. Ct. 1403, 59 L. Ed. 2d 677, 1979 U.S. LEXIS 81 (U.S. 1979).

Although pursuit of additional remedy not barred. —

Where an appellant pursues some remedy under this section and does not seek redress by way of appeal from an unfavorable determination of that action, he is not precluded from pursuing another remedy under § 1-26-401 (now repealed). Coronado Oil Co. v. Grieves, 603 P.2d 406, 1979 Wyo. LEXIS 490 (Wyo. 1979).

Choice to pursue right rests exclusively with petitioners. —

Whether to pursue their right to claim a common-law way of necessity or proceed for establishment of a private road over the lands of a stranger is a choice which rests exclusively with the petitioners. Acquiring Access to Private Landlocked Tracts: Wyoming's Statutory Right-of-Way, Walton v. Dana, 609 P.2d 461, 1980 Wyo. LEXIS 256 (Wyo. 1980), overruled in part, Ferguson Ranch, Inc. v. Murray, 811 P.2d 287, 1991 Wyo. LEXIS 84 (Wyo. 1991).

Common-law way of necessity unconstitutional. —

The concept of a common-law way of necessity is theoretically incompatible with art. I, § 32, Wyo. Const. (eminent domain). Ferguson Ranch, Inc. v. Murray, 811 P.2d 287, 1991 Wyo. LEXIS 84 (Wyo. 1991).

And civil action therefor unavailable. —

A civil action for a common law way of necessity is not available because of the existence of this section. Ferguson Ranch, Inc. v. Murray, 811 P.2d 287, 1991 Wyo. LEXIS 84 (Wyo. 1991).

This section applies only to condemnations for private purpose. Dry Creek Lodge, Inc. v. United States, 515 F.2d 926, 1975 U.S. App. LEXIS 14757 (10th Cir. Wyo. 1975), cert. denied, Shoshone Tribes v. Dry Creek Lodge, Inc., 449 U.S. 1118, 101 S. Ct. 931, 66 L. Ed. 2d 847, 1981 U.S. LEXIS 585 (U.S. 1981).

Usefulness. —

This section does not provide a workable procedure for establishing private roads, and thus the supreme court has encouraged the legislature to amend this statute to make it capable of addressing “the complexities associated with development and progress in an essentially rural state.” Dunning v. Ankney, 936 P.2d 61, 1997 Wyo. LEXIS 63 (Wyo. 1997).

Outlet to and connection with public road. —

Board of county commissioner's decision to establish a private road across private property was not arbitrary, capricious, an abuse of discretion or otherwise not in accordance with Wyo. Stat. Ann. § 24-9-101 even though the petitioner had an outlet to, and connection with, a public road. Wagstaff v. Sublette County Bd. of County Comm'rs, 2002 WY 123, 53 P.3d 79, 2002 Wyo. LEXIS 131 (Wyo. 2002).

Plain meaning of “lead” as used in this section is to “serve to bring a person to a” place. Applying this definition, the statute clearly states that the private road must “serve to bring a person to” a public road; it does not state that the private road has to cover the entire distance from the applicant's land to the public way or terminate at a public road. J & T Props., LLC v. Gallagher (In re Establishment of a Private Roadway to Real Prop.), 2011 WY 112, 256 P.3d 522, 2011 Wyo. LEXIS 115 (Wyo. 2011).

“No outlet to, nor connection with public road” means no legally enforceable, existing outlet to, nor connection with, a public road; but this must be read with the other provisions of the section. Acquiring Access to Private Landlocked Tracts: Wyoming's Statutory Right-of-Way, Walton v. Dana, 609 P.2d 461, 1980 Wyo. LEXIS 256 (Wyo. 1980), overruled in part, Ferguson Ranch, Inc. v. Murray, 811 P.2d 287, 1991 Wyo. LEXIS 84 (Wyo. 1991).

Substantial evidence supported a decision to deny an application for a private road, and the record did not establish the high level of inconvenience required to show necessity where the evidence showed that the property had access to a highway and a county road. Both a county road and a state easement were accessible from roads on a ranch, and they connected with convenient public roads and were routinely used for ranch business by members of the public, as invitees, using a variety of vehicles. Price Family Trust v. Hutchinson, 2014 WY 162, 340 P.3d 1002, 2014 Wyo. LEXIS 185 (Wyo. 2014).

Access to property by means of lease of adjoining property does not constitute either an “outlet to” or a “connection with” a convenient public road as those terms are used in this section. Reaves v. Riley, 782 P.2d 1136, 1989 Wyo. LEXIS 229 (Wyo. 1989).

“No outlet to, nor connection with public road” means no legally enforceable, existing outlet to, nor connection with, a public road; but this must be read with the other provisions of the section. Acquiring Access to Private Landlocked Tracts: Wyoming's Statutory Right-of-Way, Walton v. Dana, 609 P.2d 461, 1980 Wyo. LEXIS 256 (Wyo. 1980), overruled in part, Ferguson Ranch, Inc. v. Murray, 811 P.2d 287, 1991 Wyo. LEXIS 84 (Wyo. 1991).

Access to property by means of lease of adjoining property does not constitute either an “outlet to” or a “connection with” a convenient public road as those terms are used in this section. Reaves v. Riley, 782 P.2d 1136, 1989 Wyo. LEXIS 229 (Wyo. 1989).

“Public road” defined. —

A “public road” is one that the public generally, not merely a portion of the public, is privileged to use. McGuire v. McGuire, 608 P.2d 1278, 1980 Wyo. LEXIS 251 (Wyo. 1980).

Courts' determination of whether a road is a “public road” under Wyo. Stat. Ann. § 24-9-101 , is not binding upon the federal government; however, that does not prevent the court from determining whether the road is a public road for the purposes of § 24-9-101 .Reidy v. Stratton Sheep Co., 2006 WY 69, 135 P.3d 598, 2006 Wyo. LEXIS 74 (Wyo. 2006).

Board of county commissioners' finding that a ranch road was a public road for purposes of Wyo. Stat. Ann. § 24-9-101 et seq., was not supported by substantial evidence where the road's use was limited to employees, former employees, and family members of the ranch and the road was not recognized as a public road by neighboring Native American tribes. Pine Bar Ranch, LLC v. Luther, 2007 WY 35, 152 P.3d 1062, 2007 Wyo. LEXIS 35 (Wyo. 2007).

For purposes of Wyo. Stat. Ann. § 24-9-101(a) (2015), a road running between the landowners' northern parcel and another parcel they owned was a public road where the BLM and the State considered the road, as it ran between the two parcels, to be a public road, open for use by the public generally rather than merely by a portion of the public, and the fact that commercial use was not allowed on the road did not alter its public character. Thornock v. Esterholdt, 2016 WY 63, 375 P.3d 750, 2016 Wyo. LEXIS 71 (Wyo. 2016).

What constitutes “necessity.” —

A party having one way whereby he can reach a public highway, and affording him reasonable facilities for enjoying his premises, is not entitled to another way as a way of necessity. McIlquham v. Anthony Wilkinson Live Stock Co., 18 Wyo. 53, 104 P. 20, 1909 Wyo. LEXIS 23 (Wyo. 1909).

Any person whose land is so situated that it has no outlet, no legally enforceable means by which he can gain access, has demonstrated “necessity,” as a matter of law, without there being a further need to show that he lives on that land or that it is being used for some specific purpose. McGuire v. McGuire, 608 P.2d 1278, 1980 Wyo. LEXIS 251 (Wyo. 1980). See, also, Gold v. Board of County Comm'rs, 658 P.2d 690, 1983 Wyo. LEXIS 279 (Wyo. 1983).

Where the evidence shows that petitioners for a private road have no presently existing “outlet to, nor connection with a public road,” a common-law way of necessity as a matter of law is established. Acquiring Access to Private Landlocked Tracts: Wyoming's Statutory Right-of-Way, Walton v. Dana, 609 P.2d 461, 1980 Wyo. LEXIS 256 (Wyo. 1980), overruled in part, Ferguson Ranch, Inc. v. Murray, 811 P.2d 287, 1991 Wyo. LEXIS 84 (Wyo. 1991).

Vacating a private road. Official action by a board of county commissioners which establishes a private road pursuant to this chapter is necessary to vacate that same private road. Hulse v. First Am. Title Co., 2001 WY 95, 33 P.3d 122, 2001 Wyo. LEXIS 115 (Wyo. 2001), reh'g denied, 2001 Wyo. LEXIS 134 (Wyo. Nov. 20, 2001).

Foreclosure on servient estate extinguishes common-law way. —

A common-law way of necessity, created over lands subject to a mortgage, by the conveyance of unmortgaged, landlocked adjacent lands by the mortgagor, does not survive the foreclosure of the mortgage on the servient estate. To protect the interest of the mortgagee, upon foreclosure of a mortgage and after the redemption period, title to the mortgaged property vests in the purchaser at the foreclosure sale and relates back to the date of the mortgage, extinguishing intervening rights and claims. Bush v. Duff, 754 P.2d 159, 1988 Wyo. LEXIS 54 (Wyo. 1988), overruled in part, Ferguson Ranch, Inc. v. Murray, 811 P.2d 287, 1991 Wyo. LEXIS 84 (Wyo. 1991).

Powers of Board of County Commissioners. —

Where property owners sought temporary access over a landowners' land pending eminent domain proceedings, a board of county commissioners had no authority to grant temporary access. Voss v. Goodman, 2009 WY 40, 203 P.3d 415, 2009 Wyo. LEXIS 41 (Wyo. 2009).

Authority of courts. —

Neither the board of county commissioners nor the district court is at liberty to graft onto this section that which it thinks ought to be included or to delete that which it finds inconvenient. Dunning v. Ankney, 936 P.2d 61, 1997 Wyo. LEXIS 63 (Wyo. 1997).

Court could not award easement in lieu of common-law way of necessity, conditioned upon compensation for the lands committed to the easement. Sections 24-9-101 through 24-9-103 grant the power and authority to establish a private road to the county commissioners. The court usurped the function of the executive department of government, the county commissioners, in contravention of the separation of powers mandated by art. 2, § 1, Wyo. Const.Bush v. Duff, 754 P.2d 159, 1988 Wyo. LEXIS 54 (Wyo. 1988), overruled in part, Ferguson Ranch, Inc. v. Murray, 811 P.2d 287, 1991 Wyo. LEXIS 84 (Wyo. 1991).

Pleadings. —

In action to establish way of necessity over defendant's lands, it cannot be assumed that plaintiff has no access to his lands from a public highway in absence of some allegation in the petition to that effect. McIlquham v. Anthony Wilkinson Live Stock Co., 18 Wyo. 53, 104 P. 20, 1909 Wyo. LEXIS 23 (Wyo. 1909).

Allegation in action to establish ways of necessity over defendant's lands that plaintiff cannot reach either of the county roads mentioned in his petition without going through defendant's fences, is not equivalent to an allegation that he has no other means of access to a public highway from his lands. McIlquham v. Anthony Wilkinson Live Stock Co., 18 Wyo. 53, 104 P. 20, 1909 Wyo. LEXIS 23 (Wyo. 1909).

Proceedings against United States. —

The law is well settled that waiver of sovereign immunity is to be strictly construed, and it is plain that congress did not give its consent to suits against it by private individuals seeking private roads. Dry Creek Lodge, Inc. v. United States, 515 F.2d 926, 1975 U.S. App. LEXIS 14757 (10th Cir. Wyo. 1975), cert. denied, Shoshone Tribes v. Dry Creek Lodge, Inc., 449 U.S. 1118, 101 S. Ct. 931, 66 L. Ed. 2d 847, 1981 U.S. LEXIS 585 (U.S. 1981).

Proposed road to be described in application. —

This section requires that the application set out a description of the road it proposes, and that requirement is met where the application specifically sets forth several alternative roads. Gold v. Board of County Comm'rs, 658 P.2d 690, 1983 Wyo. LEXIS 279 (Wyo. 1983).

Surveys of proposed roads. —

County had no authority to require landowners of landlocked property to conduct two surveys on proposed roads, and landowners were entitled to request reimbursement of costs incurred for preparation of the two needless surveys. Martens v. Johnson County Bd. of Comm'rs, 954 P.2d 375, 1998 Wyo. LEXIS 26 (Wyo. 1998).

Amendment by board of county commissioners violated statutory mandate. —

In an action for condemnation of a private road, a board of county commissioners' amendment of the viewers' report violated a statutory mandate that the road be located so as to do the least possible damage to the land over which it was located; the board's extension of the road created additional damage to appellant's property, solely as a convenience to appellees. Goodman v. Voss, 2011 WY 33, 248 P.3d 1120, 2011 Wyo. LEXIS 35 (Wyo. 2011).

Notice. —

This section does not require that petitioner give notice to all landowners within subdivision who might be affected by proposed road due to increased traffic. Miller v. Bradley, 4 P.3d 882, 2000 Wyo. LEXIS 115 (Wyo. 2000).

This section requires an applicant to give notice only to the persons who own or occupy the land over which the proposed road will pass. Dunning v. Ankney, 936 P.2d 61, 1997 Wyo. LEXIS 63 (Wyo. 1997).

The board of county commissioners improperly construed the “good faith” language of McGuire v. McGuire, 608 P.2d 1278, 1980 Wyo. LEXIS 251 (Wyo. 1980), as requiring an applicant to give notice to all adjoining landowners where the proposed road would pass over only some of the land. Dunning v. Ankney, 936 P.2d 61, 1997 Wyo. LEXIS 63 (Wyo. 1997).

Notice to adjoining landowners. —

County had no authority to require landowners of landlocked property to send notice to adjoining landowners whose property would not be crossed by roads proposed in application. Martens v. Johnson County Bd. of Comm'rs, 954 P.2d 375, 1998 Wyo. LEXIS 26 (Wyo. 1998).

Obligation to present objections to board. —

Appellant was not an aggrieved party to establishment of private road, where appellant received proper notice of all proceedings but took no part, and failed to show good cause for failure to participate; appeal was therefore dismissed. Peter Kiewit Sons' Co. v. Sheridan County Bd. of Comm'rs (In re Dunning), 982 P.2d 704, 1999 Wyo. LEXIS 95 (Wyo. 1999).

This section does not require a landowner to condemn a right of way.

This section does not require a landowner to condemn a right of way across property over which he already has legally enforceable access or to join parties who had previously provided such access. J & T Props., LLC v. Gallagher (In re Establishment of a Private Roadway to Real Prop.), 2011 WY 112, 256 P.3d 522, 2011 Wyo. LEXIS 115 (Wyo. 2011).

Filing of plat. —

Failure to file a plat concurrently with a final report in an action seeking to establish a private road was not prejudicial error where a survey and topographical map were submitted, all parties were aware of the location of the road as selected by several viewers, and the measurements were the same in the plat when it was finally ordered. Closs v. Schell, 2006 WY 95, 139 P.3d 435, 2006 Wyo. LEXIS 100 (Wyo. 2006).

Viewers have ultimate power to locate road. —

The ultimate power to locate a road as proposed by owners of landlocked property rests with the viewers to be appointed by county commissioners. McGuire v. McGuire, 608 P.2d 1278, 1980 Wyo. LEXIS 251 (Wyo. 1980).

Alternative routes. —

A landlocked property owner cannot be forced to choose a wholly illogical, uneconomic, and unproductive road. Dunning v. Ankney, 936 P.2d 61, 1997 Wyo. LEXIS 63 (Wyo. 1997).

Viewers and appraisers were authorized to consider an alternate route for a private road even though the owner of the land upon which that route was located was not originally notified by the applicants seeking the establishment of a private road because the owner received the notice required and authorized by the statute; when the viewers and appraisers determined that the owner could be affected by an alternate route it received notice, and that notice was provided by the county clerk. Whaley v. Flitner Ltd. P?ship, 2017 WY 59, 2017 Wyo. LEXIS 58 (May 17, 2017).

Choice of a route as a private road was not illogical, uneconomic, and unproductive because although the road was difficult to travel, given the alternative, it was logical, economic, and productive; witnesses provided evidence supporting the conclusion that the chosen road was more economic and productive than the alternative road. Whaley v. Flitner Ltd. P?ship, 2017 WY 59, 2017 Wyo. LEXIS 58 (May 17, 2017).

Board of county commissioners properly established a private road allowing landowners to access their landlocked property over a neighboring property that belonged to a storm-water collection facility because the board's selection of one proposed route over the facility's property was not contrary to the overwhelming weight of the evidence as the board reasonably determined that the route was the most reasonable, convenient, and cost-effective option for both of the parties. Zowada v. Mullinax Concrete Serv. Co., 2014 WY 121, 335 P.3d 455, 2014 Wyo. LEXIS 137 (Wyo. 2014).

No constitutional right to address viewers and appraisers. —

Where landowners' due process rights were satisfied by a hearing before the board of county commissioners under this section, the owners were not prejudiced merely because they were not afforded an opportunity to address the viewers and appraisers on the question of damages. Carney v. Board of County Comm'rs, 757 P.2d 556, 1988 Wyo. LEXIS 89 (Wyo. 1988).

Route chosen need not be most convenient and reasonable route possible, taking into account all possible routes, but it only need be a reasonable and convenient route. Carney v. Board of County Comm'rs, 757 P.2d 556, 1988 Wyo. LEXIS 89 (Wyo. 1988); Dunning v. Ankney, 936 P.2d 61, 1997 Wyo. LEXIS 63 (Wyo. 1997).

“Reasonable and convenient.” —

Evidence was not sufficient to support the board of county commissioners' determination that an applicant's selection of a route was based on what was reasonably convenient only to the applicant and not also to adjacent landowners. Dunning v. Ankney, 936 P.2d 61, 1997 Wyo. LEXIS 63 (Wyo. 1997).

Viewers appropriately considered alternate routes for a road where a route proposed by two neighbors was more reasonable and convenient due to the expense and considerable obstacles; the route chosen by two owners was not practicable, notwithstanding the fact that it did not join up with another easement. Closs v. Schell, 2006 WY 95, 139 P.3d 435, 2006 Wyo. LEXIS 100 (Wyo. 2006).

In an action by appellees to establish a private road over land owned by a concrete company, a trial court properly overturned a decision by a board of county commissioners because there was not substantial evidence to support the board's conclusion that the route it selected was the most convenient and reasonable route; from appellees' standpoint, it was all but confiscatory. Mullinax Concrete Serv. Co. v. Zowada, 2010 WY 146, 243 P.3d 181, 2010 Wyo. LEXIS 151 (Wyo. 2010).

Application properly approved. —

Board of county commissioners properly granted applicant a private road over adjacent property owner's land where the finding that the requested access was necessary was supported by substantial evidence, and the applicant demonstrated good faith in bringing the application, and properly awarded damages to the owner for the taking but not interest on the damages. Mayland v. Flitner, 2001 WY 69, 28 P.3d 838, 2001 Wyo. LEXIS 84 (Wyo. 2001).

Where petitioner landowner had no legally enforceable access to a public road, the district court correctly interpreted this section as allowing the condemnation of a private road across respondent adjoining landowner's property even though it did not connect directly with a public road and properly refused to require petitioner to join the owners of land over which he already had easements. J & T Props., LLC v. Gallagher (In re Establishment of a Private Roadway to Real Prop.), 2011 WY 112, 256 P.3d 522, 2011 Wyo. LEXIS 115 (Wyo. 2011).

Evidence sufficient to establish road. —

Board of county commissioners decision that established a private road over certain landowners' property pursuant to Wyo. Stat. Ann. § 24-9-101 , awarded the landowners' damages, and ordered that cattle guards be installed was affirmed where the decision was supported by substantial evidence. Elk Horn Ranch, Inc. v. Bd. of County Comm'rs, 2002 WY 167, 57 P.3d 1218, 2002 Wyo. LEXIS 216 (Wyo. 2002).

Substantial Evidence in Support of Board's Decision. —

In dispute between a ranchers and their neighbor over the use of a private road, where the dispute centered on which road should be used; a Board of County Commissioners did not err where its decision was supported by substantial evidence: the testimony of the viewers and appraiser, video tapes, and reported findings. Crago v. Bd. of County Comm'rs, 2007 WY 158, 168 P.3d 845, 2007 Wyo. LEXIS 170 (Wyo. 2007).

In an action by appellees to establish a private road over land owned by a concrete company, a trial court properly overturned a decision by a board of county commissioners because there was not substantial evidence to support the board's conclusion that the route it selected was the most convenient and reasonable route; from appellees' standpoint, it was all but confiscatory. Mullinax Concrete Serv. Co. v. Zowada, 2010 WY 146, 243 P.3d 181, 2010 Wyo. LEXIS 151 (Wyo. 2010).

Conclusion of the board of county commissioners that one road was more reasonable and convenient than another road was supported by substantial evidence because the board considered the condition of the roads, the length of time the roads were open, the use of the property through which the roads passed, and which road would cause the least damage to property over that it passed in determining which road was the most reasonable and convenient. Whaley v. Flitner Ltd. P?ship, 2017 WY 59, 2017 Wyo. LEXIS 58 (May 17, 2017).

Retroactive application improper. —

When making factual findings on remand as to a private road, a board of county commissioners could not retroactively apply amended versions of this section and certify the matter to the district court. Wyo. Stat. Ann. § 8-1-107 barred such application, although the amendments were procedural, because it would not prevent a manifest injustice; moreover, allowing the district court to exercise jurisdiction as the fact finding body when it previously had acted in an appellate capacity would lead to absurd results, and the previous remand instructions had not been directed to the district court. Mullinax Concrete Serv. Co. v. Zowada, 2012 WY 55, 275 P.3d 474, 2012 Wyo. LEXIS 60 (Wyo. 2012).

Damages. —

In assessing damages under this section, appraisers are to determine “before” and “after” value of only those lands over which private road crosses, not all surrounding lands affected by the proposed road. Miller v. Bradley, 4 P.3d 882, 2000 Wyo. LEXIS 115 (Wyo. 2000).

Appellant corporation, which contested the establishment of a private road that the appellee partnership had sought, failed to establish that (1) it was prevented from offering evidence of the value of its property with improvements, (2) viewers and appraisers did not consider damage to the corporation's property as a whole, and (3) viewers and appraisers failed to use comparable property sales or market values in making their assessment. R.C.R., Inc. v. Deline, 2003 WY 62, 70 P.3d 214, 2003 Wyo. LEXIS 78 (Wyo. 2003).

Private road was properly established under this section over two owners' land because, even though the before and after values of the land was not stated, it was clear from the testimony of two viewers that these values were utilized. Closs v. Schell, 2006 WY 95, 139 P.3d 435, 2006 Wyo. LEXIS 100 (Wyo. 2006).

Board of County Commissioners did not err in determining the appropriateness of one private road over another in a dispute between ranchers and their landlocked neighbors; however, error did occur with respect to damages. The award was not a “before and after” award, and the award of damages had no apparent basis in the facts and circumstances of the case. Crago v. Bd. of County Comm'rs, 2007 WY 158, 168 P.3d 845, 2007 Wyo. LEXIS 170 (Wyo. 2007).

Because the district court condemned a private road along an existing roadway on respondent landowner's property, respondent was awarded damages; however, this section did not authorize assessment of the appraisal costs to respondent. J & T Props., LLC v. Gallagher (In re Establishment of a Private Roadway to Real Prop.), 2011 WY 112, 256 P.3d 522, 2011 Wyo. LEXIS 115 (Wyo. 2011).

Portions not includible in private road. —

In a private road proceeding under the pre-2000 version of the private road statute, concededly landlocked property owners' private road could not include a federal Bureau of Land Management road that was subject to many limitations and to review after 30 years, nor a neighbor's easement that would be revoked if the owners eventually subdivided their land. Neither of these grants of access constituted the type of incorporeal right appurtenant to the estate that was contemplated by the statute. Voss v. Albany County Comm'rs, 2003 WY 94, 74 P.3d 714, 2003 Wyo. LEXIS 115 (Wyo. 2003).

Applied in

Lindt v. Murray, 895 P.2d 459, 1995 Wyo. LEXIS 78 (Wyo. 1995).

Quoted in

Snell v. Ruppert, 582 P.2d 916, 1978 Wyo. LEXIS 225 (Wyo. 1978).

Cited in

Sterritt v. Young, 14 Wyo. 146, 82 P. 946, 1905 Wyo. LEXIS 38 , 4 L.R.A. (n.s.) 169 (1905); Hoffmeister v. McIntosh, 361 P.2d 678, 1961 Wyo. LEXIS 93 (1961); Boller v. Key Bank, 829 P.2d 260, 1992 Wyo. LEXIS 37 (Wyo. 1992); Yeager v. Forbes, 2003 WY 134, 78 P.3d 241, 2003 Wyo. LEXIS 164 (Wyo. 2003); Bush Land Dev. Co. v. Crook Cnty. Weed & Pest Control Dist., 2017 WY 12, 388 P.3d 536, 2017 Wyo. LEXIS 12 (Wyo. 2017).

Law reviews. —

For case note, “Acquiring Access to Private Landlocked Tracts: Wyoming's Statutory Right-of-Way, Walton v. Dana, 609 P.2d 461, 1980 Wyo. LEXIS 256 (Wyo. 1980),” see XVI Land & Water L. Rev. 281 (1981).

For comment, “Gamesmanship on the Checkerboard: The Recurring Problem of Access to Interlocked Public and Private Lands Located Within the Pacific Railroad Land Grants,” see XVII Land & Water L. Rev. 429 (1982).

For comment, “Wyoming Eminent Domain Act: Comment on the Act and Rule 71.1 of the Wyoming Rules of Civil Procedure,” see XVIII Land & Water L. Rev. 739 (1983).

For comment, “Death of the Dark Ages? The Troubled Law of Easements in Wyoming,” see XXVII Land & Water L. Rev. 151 (1992).

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

Extent and reasonableness of use of private way and exercise of easement granted in general terms, 3 ALR3d 1256.

Liability in connection with injury allegedly caused by defective condition of private road or driveway, 44 ALR3d 355.

Conveyance of “right of way,” in connection with conveyance of another tract, as passing fee or easement, 89 ALR3d 767.

Locating easement of way created by necessity, 36 ALR4th 769.

Construction and application of rule requiring public use for which property is condemned to be “more necessary” or “higher use” than public use to which property is already appropriated — state takings, 49 ALR5th 769.

Loss of private easement by nonuse, 62 ALR5th 219.

Library References. —

American Law of Mining, 2nd Edition § 100.04 (Matthew Bender).

§ 24-9-102. [Repealed.]

Repealed by Laws 2000, ch. 88, § 2.

Editor's notes. —

This section, which derived from Laws 1895, ch. 69, § 29, related to the placing of gates on private roads, and the assessment of attendant damages.

§ 24-9-103. Report of viewers and appraisers; trial to the court; costs.

1. The viewers and appraisers so appointed, or a majority of them, shall make a report of their recommendations to the court, and also the amount of damages, if any, appraised by them, and the defendant entitled to such damages. Upon receiving the report of the viewers and appraisers, the matter shall be tried to the court without a jury. The court may accept, reject or modify the report and recommendations. The court shall select the most reasonable and convenient route for the access, provided that access shall be along section and boundary lines whenever practical. The court shall issue a final order specifying the route, any conditions imposed by the court and any damages and costs to be paid by the  plaintiff.
2. A party may appeal any final judgment of the district court under this section to the supreme court.
3. After the court has received a survey of the route and proof of payment of any damages and costs ordered to be paid, the court shall enter an order incorporating a legal description of the road, a legal description of the land benefitted by the road, declaring the road to be a private road, and citing in the order any conditions imposed by the court. A certified copy of the court’s order shall be filed in the office of the county clerk.
4. In addition to paying any damages to be suffered by the defendants, the court shall order the plaintiff to pay appropriate costs, which shall include any survey, plat, engineering and construction costs incurred concerning the location and construction of the road.
5. Repealed by Laws 2013, ch. 99, §  3.
6. In addition to paying other damages and costs required by this section and by W.S. 24-9-101 , the plaintiff shall be responsible for paying the reasonable costs of an appraisal obtained by a defendant if that appraisal was adopted in substantial part as a basis for damages and varied more than fifteen percent (15%) from the valuation determined by the viewers and appraisers appointed under W.S. 24-9-101 (h).

History. Laws 1895, ch. 69, § 30; R.S. 1899, § 1935; Laws 1901, ch. 11, § 2; C.S. 1910, § 2542; C.S. 1920, § 3014; R.S. 1931, § 52-233; C.S. 1945, § 48-333; W.S. 1957, § 24-94; Laws 2000, ch. 88, § 1; 2009, ch. 168, § 206; 2012, ch. 7, § 1; 2013, ch. 99, §§ 2, 3.

Cross references. —

As to judicial review of administrative action, see Rule 12, W.R.A.P.

The 2009 amendment, effective July 1, 2009, in (c), substituted “county clerk” for “register of deeds.”

The 2012 amendment, effective July 1, 2012, added (f).

The 2013 amendment, effective July 1, 2013, rewrote the section, modifying the court process for establishing a private road.

Board's selection of one route over competing routes.—

Private road was properly established to provide a landowner with access to their property because the record supported the designation of the route as the most reasonable and convenient route. Furthermore, the district court did not err when it declined to impose proposed use restrictions—to limit use of the road to a single-family dwelling and agricultural purposes and to prohibit the landowner from using it for subdivision—because the evidence supported the court’s finding that the proposed restrictions were inappropriate. Sharpe v. Timchula, 2019 WY 121, 453 P.3d 761, 2019 Wyo. LEXIS 123 (Wyo. 2019).

Board of county commissioners properly established a private road allowing landowners to access their landlocked property over a neighboring property that belonged to a storm-water collection facility because the board's selection of one proposed route over the facility's property was not contrary to the overwhelming weight of the evidence as the board reasonably determined that the route was the most reasonable, convenient, and cost-effective option for both of the parties. Zowada v. Mullinax Concrete Serv. Co., 2014 WY 121, 335 P.3d 455, 2014 Wyo. LEXIS 137 (Wyo. 2014).

Conclusion of the board of county commissioners that one road was more reasonable and convenient than another road was supported by substantial evidence because the board considered the condition of the roads, the length of time the roads were open, the use of the property through which the roads passed, and which road would cause the least damage to property over that it passed in determining which road was the most reasonable and convenient. Whaley v. Flitner Ltd. P?ship, Whaley v. Flitner Ltd. P'ship, 2017 WY 59, 395 P.3d 653, 2017 Wyo. LEXIS 58 (Wyo. 2017).

Choice of a route as a private road was not illogical, uneconomic, and unproductive because although the road was difficult to travel, given the alternative, it was logical, economic, and productive; witnesses provided evidence supporting the conclusion that the chosen road was more economic and productive than the alternative road. Whaley v. Flitner Ltd. P?ship, Whaley v. Flitner Ltd. P'ship, 2017 WY 59, 395 P.3d 653, 2017 Wyo. LEXIS 58 (Wyo. 2017).

Because the district court never decided the question of whether a proposed private road was reasonable or convenient, collateral estoppel and law of the case did not apply; the question of whether the applicants' proposed route was a reasonable one was not previously before the district court because the issues addressed were whether the applicants filed their application in good faith and whether their property was landlocked. Whaley v. Flitner Ltd. P?ship, Whaley v. Flitner Ltd. P'ship, 2017 WY 59, 395 P.3d 653, 2017 Wyo. LEXIS 58 (Wyo. 2017).

Before-after review of damages required. —

Damage award to landowners for the establishment of a private road for adjacent cattle ranch was reversed because the the appropriate review as to the issue of damages using the required “before-after” analysis was not conducted by the board of county commissioners. Wagstaff v. Sublette County Bd. of County Comm'rs, 2002 WY 123, 53 P.3d 79, 2002 Wyo. LEXIS 131 (Wyo. 2002).

Consideration of alternative routes. —

Viewers and appraisers were authorized to consider an alternate route for a private road even though the owner of the land upon which that route was located was not originally notified by the applicants seeking the establishment of a private road because the owner received the notice required and authorized by the statute; when the viewers and appraisers determined that the owner could be affected by an alternate route it received notice, and that notice was provided by the county clerk. Whaley v. Flitner Ltd. P?ship, Whaley v. Flitner Ltd. P'ship, 2017 WY 59, 2017 Wyo. LEXIS 58 (May 17, 2017).

No award of appraisal costs. —

On its face this section does not authorize an award of appraisal costs. It only imposes upon the applicant of a private road the responsibility to pay for engineering and construction costs. J & T Props., LLC v. Gallagher (In re Establishment of a Private Roadway to Real Prop.), 2011 WY 112, 256 P.3d 522, 2011 Wyo. LEXIS 115 (Wyo. 2011).

When the district court condemned a private road along an existing roadway on respondent landowner's property, respondent was awarded damages; however, this section did not authorize assessment of the appraisal costs to respondent. J & T Props., LLC v. Gallagher (In re Establishment of a Private Roadway to Real Prop.), 2011 WY 112, 256 P.3d 522, 2011 Wyo. LEXIS 115 (Wyo. 2011).

Recommendation of viewers. —

Board of county commissioners did not err in accepting viewers' recommendation that cattle guards be installed in connection with establishing a private road, notwithstanding the landowner's objection that only a manually operated gate could be required; cattle guards create no more of a burden than gates do on the servient landowners. Elk Horn Ranch, Inc. v. Bd. of County Comm'rs, 2002 WY 167, 57 P.3d 1218, 2002 Wyo. LEXIS 216 (Wyo. 2002).

In an action by appellees to establish a private road over land owned by a concrete company, a trial court properly overturned a decision by a board of county commissioners because there was not substantial evidence to support the board's conclusion that the route it selected, which was different from the recommendation of the viewers and appraisers, was the most convenient and reasonable route; from appellees' standpoint, it was all but confiscatory. Mullinax Concrete Serv. Co. v. Zowada, 2010 WY 146, 243 P.3d 181, 2010 Wyo. LEXIS 151 (Wyo. 2010).

No constitutional right to address viewers and appraisers. —

Where landowners' due process rights were satisfied by a hearing before the board of county commissioners under this section, the owners were not prejudiced merely because they were not afforded an opportunity to address the viewers and appraisers on the question of damages. Carney v. Board of County Comm'rs, 757 P.2d 556, 1988 Wyo. LEXIS 89 (Wyo. 1988).

This section provides for an appeal, and that provision should not be enlarged. Hoffmeister v. McIntosh, 364 P.2d 823, 1961 Wyo. LEXIS 114 (Wyo. 1961).

Appellant not an aggrieved party. —

Appellant was not an aggrieved party to establishment of private road, where appellant received proper notice of all proceedings but took no part, and failed to show good cause for failure to participate; appeal was therefore dismissed. Peter Kiewit Sons' Co. v. Sheridan County Bd. of Comm'rs (In re Dunning), 982 P.2d 704, 1999 Wyo. LEXIS 95 (Wyo. 1999).

Trial in district court is review of record and not trial de novo. Hoffmeister v. McIntosh, 364 P.2d 823, 1961 Wyo. LEXIS 114 (Wyo. 1961).

But incomplete minutes may be supplemented by evidence of occurrences below. —

Administrative tribunals are obligated in their disposition of cases to consider all relevant evidence and argument, and in an appeal from an inferior tribunal, the minutes, if incomplete, are subject to supplementation by competent evidence which would show actual occurrences before the agency. Hoffmeister v. McIntosh, 364 P.2d 823, 1961 Wyo. LEXIS 114 (Wyo. 1961).

Appellant corporation, which contested the establishment of a private road that the appellee partnership had sought, failed to establish that (1) it was prevented from offering evidence of the value of its property with improvements, (2) viewers and appraisers did not consider damage to the corporation's property as a whole, and (3) viewers and appraisers failed to use comparable property sales or market values in making their assessment. R.C.R., Inc. v. Deline, 2003 WY 62, 70 P.3d 214, 2003 Wyo. LEXIS 78 (Wyo. 2003).

Applied in

Gold v. Board of County Comm'rs, 658 P.2d 690, 1983 Wyo. LEXIS 279 (Wyo. 1983); Bush v. Duff, 754 P.2d 159, 1988 Wyo. LEXIS 54 (Wyo. 1988); Hulse v. First Am. Title Co., 2001 WY 95, 33 P.3d 122, 2001 Wyo. LEXIS 115 (Wyo. 2001).

Quoted in

Hoffmeister v. McIntosh, 361 P.2d 678, 1961 Wyo. LEXIS 93 (1961).

Cited in

Sterritt v. Young, 14 Wyo. 146, 82 P. 946, 1905 Wyo. LEXIS 38 , 4 L.R.A. (n.s.) 169 (1905); TZ Land & Cattle Co. v. Grieve, 887 P.2d 511, 1994 Wyo. LEXIS 163 (Wyo. 1994).

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

Loss of private easement by nonuse, 62 ALR5th 219.

Library References. —

American Law of Mining, 2nd Edition § 100.04 (Matthew Bender).

§ 24-9-104. Water and timber ways.

Upon the presentation of a petition signed by at least five (5) freeholders of any neighborhood, praying for passage to any watercourse for the purpose of watering livestock, or for the convenient access to timber, the district court may establish such water or timber way as provided in W.S. 24-9-101 through 24-9-105 relating to the opening of private roads.

History. Laws 1895, ch. 69, § 31; R.S. 1899, § 1936; C.S. 1910, § 2543; C.S. 1920, § 3015; R.S. 1931, § 52-234; C.S. 1945, § 48-334; W.S. 1957, § 24-95; 2013, ch. 99, § 2.

The 2013 amendment, effective July 1, 2013, substituted “district court may” for “board of county commissioners may, in their discretion,” following “to timber, the” and substituted “24-9-105” for “24-9-103” following “24-9-101 through.”

Library references. —

American Law of Mining, (2d Ed.) § 100.04 (Matthew Bender).

§ 24-9-105. Rules of procedure; legislative findings and intent.

1. The supreme court may adopt rules governing proceedings commenced under W.S. 24-9-101 , including limited application of the rules relating to procedure, discovery and evidence and such other rules as the court determines appropriate to provide for expedited and efficient proceedings, including appellate proceedings, which minimize the delay and cost in actions to establish a private road.
2. It is the intent of the legislature to provide for a more expeditious and affordable means to establish a private road under this article. The legislature further intends that the precedents established with respect to the creation of private roads prior to the July 1, 2013 amendments to this article should continue to be followed to the extent they are not inconsistent with the provisions of this article.

History. Laws 2013, ch. 99, § 1.

Effective dates. —

Laws 2013, ch. 99, § 4, makes the act effective July 1, 2013.

§ 24-10-101. Short title.

This act [§§ 24-10-101 through 24-10-115 ] may be cited as the “Outdoor Advertising Act”.

History. Laws 1971, ch. 250, § 1; W.S. 1957, § 24-110.

§ 24-10-102. Declaration of policy and legislative intent.

The legislature finds and declares that in order to promote the safety, convenience and enjoyment of travel on, and protection of the public investment in highways within this state, and to preserve and enhance the natural scenic beauty or aesthetic features of the highways and adjacent areas, it shall be the policy of this state that the erection and maintenance of outdoor advertising in areas adjacent to the right-of-way of the interstate and primary systems within this state shall be regulated in accordance with the terms of this act [§§ 24-10-101 through 24-10-115 ] and the rules and regulations promulgated by the commission, pursuant thereto, and finds that all outdoor advertising which does not conform to the requirements of the act are public nuisances. It is the intention of the legislature in this act to provide a statutory basis for regulation of outdoor advertising consistent with the public policy relating to areas adjacent to the interstate and primary systems declared by congress in title 23, United States Code, “Highways”.

History. Laws 1971, ch. 250, § 2; W.S. 1957, § 24-111.

Cross references. —

As to nuisances, see § 6-6-201 et seq.

§ 24-10-103. Definitions.

1. Except as otherwise provided, as used in this act:
   1. “Interstate system” means that portion of the national system of interstate and defense highways located within this state, as officially designated, or as may hereafter be so designated by the commission and approved by the secretary of transportation pursuant to the provisions of title 23, United States Code, “Highways”;
   2. “Primary system” means that portion of connected main highways, as officially designated or as may hereafter be so designated by the commission and approved by the secretary of transportation pursuant to the provisions of title 23, United States Code, “Highways”;
   3. “Outdoor advertising” means any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing which is designed, intended or used to advertise or inform and which is visible from any place on the main-traveled way of the interstate or primary systems;
   4. “Commission” means the transportation commission of Wyoming;
   5. “Safety rest area” means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for the convenience of the traveling public;
   6. “Information center” means an area or site established and maintained at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as the commission may consider desirable;
   7. “Visible” means capable of being seen, whether or not legible, without visual aid by a person of normal visual acuity;
   8. “Commercial or industrial zone” means those areas which are reserved for business, commerce, or trade pursuant to comprehensive local zoning ordinances or regulation, or enabling state legislation, including highway service areas in which the primary use of the land is reserved for commercial and roadside services other than outdoor advertising;
   9. “Unzoned commercial or industrial area” means those areas not zoned by state or local law, regulation or ordinance which are occupied by one (1) or more industrial or commercial activities other than outdoor advertising signs on the lands along the highways for a distance of six hundred (600) feet immediately adjacent to the activities, and those lands directly opposite on the other side of the highway to the extent of the same dimensions; provided, those lands on the opposite side of the highway are not deemed scenic or having aesthetic value;
   10. “Commercial or industrial activities” mean for purposes of paragraph (viii) those activities generally recognized as commercial or industrial by zoning authorities in this state, except that none of the following activities shall be considered commercial or industrial:
       1. Agricultural, forestry, grazing, farming, and related activities including wayside fresh produce stands;
       2. Transient or temporary activities;
       3. Activities not visible from the main-traveled way;
       4. Activities conducted in a building principally used as a residence;
       5. Railroad tracks and minor sidings.
2. All signs located within an unzoned area shall become nonconforming if the commercial or industrial activity used in defining the area ceases for a period of six (6) months.

History. Laws 1971, ch. 250, § 3; W.S. 1957, § 24-112; Laws 1991, ch. 241, § 3.

Meaning of “this act.” —

The term “this act,” referred to in the introductory language of subsection (a), means Laws 1991, ch. 241, which appears as various sections throughout titles 1, 6, 9, 10, 14, 15, 19, 21, 25, 27, 30, 31, 33, 35 through 37, 39 and 41.

Law reviews. —

For article, “Industrial Siting Legislation: The Wyoming Industrial Development Information and Siting Act — Advance or Retreat?” see XI Land & Water L. Rev. 27 (1976).

§ 24-10-104. Outdoor advertising visible from highways prohibited; exceptions.

1. No outdoor advertising shall be erected or maintained which is visible from the main-traveled way of the interstate or primary highways in this state, except the following:
   1. Directional and other official signs and notices, which signs and notices shall include, but not be limited to, signs and notices pertaining to natural wonders, scenic and historic attractions, as authorized or required by law;
   2. Signs, displays and devices advertising the sale or lease of property upon which they are located;
   3. Signs, displays and devices advertising activities conducted on the property upon which they are located;
   4. Signs, displays and devices located in areas which are zoned industrial or commercial within six hundred sixty (660) feet adjacent to the highway right-of-way, under authority of law;
   5. Signs, displays and devices located in unzoned commercial or industrial areas, within six hundred sixty (660) feet adjacent to the highway right-of-way, which areas shall be determined from actual land uses and defined by regulations to be promulgated by the commission.
2. Outdoor advertising authorized under paragraphs (a)(i), (iv) and (v) of this section shall conform with standards contained, and shall bear permits required, in regulations which are promulgated by the commission under this act [§§ 24-10-101 through 24-10-115 ]. Paragraphs (a)(ii) and (iii) of this section are exempt.

History. Laws 1971, ch. 250, § 4; W.S. 1957, § 24-113; Laws 1977, ch. 83, § 1.

Applied in

J & G Whsle. v. Albany County Comm'rs, 845 P.2d 1377, 1993 Wyo. LEXIS 16 (Wyo. 1993).

§ 24-10-105. Regulations of commission.

The commission is hereby authorized to make and promulgate regulations to control the erection and maintenance of outdoor advertising signs, displays and devices along the interstate and primary highway systems in conformance with the terms of this act [§§ 24-10-101 through 24-10-115 ] and in conformity with section 131 of title 23, United States Code as amended.

History. Laws 1971, ch. 250, § 5; W.S. 1957, § 24-114.

Applied in

J & G Whsle. v. Albany County Comm'rs, 845 P.2d 1377, 1993 Wyo. LEXIS 16 (Wyo. 1993).

§ 24-10-106. Size, lighting and spacing; where signs may be erected.

1. The minimum standards and criteria for the size, lighting and spacing of outdoor advertising, and the criteria for unzoned commercial or industrial zones or areas within the controlled area along the interstate and primary systems designated in W.S. 24-10-104 shall conform to those promulgated and submitted by the secretary of transportation to the congress of the United States on or about January 10, 1967.
2. No sign face within the state of Wyoming shall exceed the following limits:
   1. Maximum area — twelve hundred (1,200) square feet;
   2. Maximum length — sixty (60) feet;
   3. Maximum height — twenty-five (25) feet.
3. No more than two (2) facings visible and readable from the same direction on the main-traveled way may be erected on any one (1) sign structure. Whenever two (2) facings are so positioned, neither shall exceed three hundred twenty-five (325) square feet.
4. Double-faced, back-to-back and V-type signs shall be considered as a single sign or structure.
5. No new sign shall be erected closer than five hundred (500) feet to an existing off-premises sign adjacent to an interstate highway; provided, that signs may be erected closer than five hundred (500) feet if the sign structures on the same side of the interstate are not simultaneously visible and are separated by a building or other enclosed structure.
6. No new sign shall be erected closer than one hundred fifty (150) feet to an existing off-premise sign adjacent to a primary highway; provided, that signs may be erected closer than one hundred fifty (150) feet if the sign structures on the same side of the highway are not visible simultaneously or are separated by a building or other enclosed structure.
7. Signs may not be located within five hundred (500) feet of any of the following which are adjacent to the highway, unless the signs are in an incorporated area:
   1. Public parks;
   2. Public forests;
   3. Public playground;
   4. Scenic areas as designated by the department of transportation or other state agency having and exercising such authority;
   5. Cemeteries.
8. No sign may be located on an interstate highway or freeway within five hundred (500) feet of an interchange, or intersection at grade, or rest area measured in both directions from the point of widening as constructed.
9. The location of sign structure situated on the limited access primary highways in commercial or industrial zoned area between streets, roads or highways entering or intersecting the main-traveled way shall conform to the following minimum spacing criteria:
   1. Where the distance between centerlines of intersecting streets or highways is less than one thousand (1,000) feet, a minimum spacing between structures of one hundred fifty (150) feet may be permitted between the intersecting streets or highways;
   2. Where the distance between centerlines of intersecting streets or highways is one thousand (1,000) feet or more, minimum spacing between sign structures shall be three hundred (300) feet.
10. The commission may, for good cause shown, permit a variance in the restrictions set forth herein.

History. Laws 1971, ch. 250, § 6; W.S. 1957, § 27-270; Laws 1991, ch. 241, § 3.

Editor's notes. —

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

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

Validity and construction of zoning regulations relating to illuminated signs, 30 ALR5th 549.

§ 24-10-107. Permits and identification tags.

1. Within ninety (90) days after the effective date of this act, no outdoor advertising authorized by W.S. 24-10-104(a)(i), (iv) and (v) shall be maintained without a permit. Applications for permits shall be made to the commission on forms furnished by it. The commission shall require reasonable information to be furnished, including a statement that the owner or occupant of the land has consented to the erection or maintenance of the sign or signs thereon. A permit must be obtained for each advertising structure and the application for such permit must be accompanied by an initial fee of one hundred dollars ($100.00).
2. Permits shall be for three (3) years, shall be assigned a permit number, and shall be renewed annually thereafter upon payment of not to exceed fifteen dollars ($15.00) without the filing of a new application. All fees shall be paid into the state highway fund. All such fees collected shall be used by the commission for relocation or damages, but not for administrative purposes.
3. The commission shall issue with each new permit a permanent identification tag not larger than six (6) square inches which shall be affixed to the sign in a position readily visible from the highway.
4. Notwithstanding the foregoing provisions of this section, the commission shall issue permits and identification tags, upon application and payment of the requisite fee for any structure lawfully in existence on the day prior to the effective date of this act, and the permits shall thereafter be renewed for such period of time as is prescribed herein, unless the structure is removed for improper maintenance. Permits shall be obtained prior to the beginning of construction of any sign. Signs lawfully in place on the effective date of this act shall have permits.

History. Laws 1971, ch. 250, § 7; W.S. 1957, § 24-116; 2013, ch. 173, § 1.

The 2013 amendment, effective July 1, 2013, in (a) substituted “one hundred dollars ($100.00)” for “ten dollars ($10.00)” and in (b) substituted “not to exceed fifteen dollars ($15.00)” for “five dollars ($5.00).”

Editor's notes. —

Laws 1971, ch. 250, § 18, makes the act effective from and after passage. Approved March 5, 1971.

Cited in

State Transp. Comm'n v. Ford, 844 P.2d 496, 1992 Wyo. LEXIS 208 (Wyo. 1992).

§ 24-10-108. Revocation of permits and removal of signs.

When the commission determines that a false or misleading statement has been made in the application for a permit or that the structure for which a permit was issued is not in a reasonable state of repair, is unsafe or in poor repair or otherwise in violation of this act [§§ 24-10-101 through 24-10-115 ], the commission shall notify the holder of the permit in writing, either by certified mail or by personal service, of the violation and specify that remedial action shall be taken within thirty (30) days or the permit will be revoked and action for removal of the sign commenced as provided in W.S. 24-10-109 . No notice is required prior to filing a complaint after the notice period has lapsed. The provisions of this section apply to all signs in existence prior to the effective date of this act.

History. Laws 1971, ch. 250, § 8; W.S. 1957, § 24-117.

Editor's notes. —

Laws 1971, ch. 250, § 18, makes the act effective from and after passage. Approved March 5, 1971.

§ 24-10-109. What outdoor advertising deemed unlawful; procedure for removal.

1. The following outdoor advertising is deemed unlawful:
   1. When erected after the effective date of this act contrary to the provisions of this act [§§ 24-10-101 to 24-10-115 ]; or
   2. When a permit is not obtained as prescribed in this act; or
   3. When a permittee fails to comply with a notice of violation as provided in W.S. 24-10-108 .
2. The commission shall give notice in writing, either by certified mail or by personal service, to the owner or occupant of the land on which such advertising is located and the owner of the advertising structure, if the latter is known, or if unknown, by posting notice in a conspicuous place on said structure of its intention to remove the advertising deemed unlawful. Within fifteen (15) days after notice, the owner of the land or the structure may make written request for a hearing. The commission shall set a date for a hearing thirty (30) days after notice thereof is received. The hearing shall be conducted pursuant to the Wyoming Administrative Procedure Act governing contested cases. The commission shall keep a full and complete record of such hearing, make and enter its findings, conclusions and decisions in the matter and mail copies thereof by certified mail to the owner of the land and the structure.
3. If a hearing before the commission is not requested, or if there is no appeal taken from the commission’s decision at such hearing, or if the commission’s decision is affirmed on appeal, the commission shall immediately remove the offending outdoor advertising at its own expense.

History. Laws 1971, ch. 250, § 9; W.S. 1957, § 24-118.

Cross references. —

As to judicial review of administrative action, see Rule 12, W.R.A.P.

Editor's notes. —

Laws 1971, ch. 250, § 18, makes the act effective from and after passage. Approved March 5, 1971.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Cited in

State Transp. Comm'n v. Ford, 844 P.2d 496, 1992 Wyo. LEXIS 208 (Wyo. 1992).

§ 24-10-110. Power of commission to acquire and remove existing advertising; compensation.

1. The commission may acquire by gift, purchase, agreement, exchange or eminent domain any existing outdoor advertising and all property rights pertaining to same which were lawfully in existence on the effective date of this act and which by reason of this act [§§ 24-10-101 through 24-10-115 ] become nonconforming.
2. Compensation shall be paid in accordance with the Relocation Assistance Act for outdoor advertising and all property rights pertaining to same which are acquired by eminent domain. The agency is empowered to remove signs found in violation of W.S. 24-10-108 or 24-10-109 without payment of compensation.
3. Those signs meeting the criteria of the act shall not be required to be removed unless at the time of removal there are sufficient funds, from whatever source, appropriated and immediately available to this state with which to pay the just compensation required under this section, and unless at such time the federal funds required to be contributed to this state under section 131 of title 23, United States Code, have been appropriated and are immediately available to this state.

History. Laws 1971, ch. 250, § 10; W.S. 1957, § 24-119; Laws 1973, ch. 218, § 2; 1981, ch. 174, § 2.

Editor's notes. —

Laws 1971, ch. 250, § 18, makes the act effective from and after passage. Approved March 5, 1971.

Wyoming Relocation Assistance Act of 1973. —

See §§ 16-7-101 , 16-7-102(a)(x).

Law reviews. —

For comment, “Wyoming Eminent Domain Act: Comment on the Act and Rule 71.1 of the Wyoming Rules of Civil Procedure,” see XVIII Land & Water L. Rev. 739 (1983).

§ 24-10-111. More restrictive ordinances saved.

Nothing in this act [§§ 24-10-101 through 24-10-115 ] shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation or resolution, which is more restrictive than the provisions of this act.

History. Laws 1971, ch. 250, § 11; W.S. 1957, § 24-120.

§ 24-10-112. Change of rules and regulations to conform with federal law.

In the event the general requirements of title 23, United States Code, “Highways”, or existing rules and regulations of the United States department of transportation become amended or changed to less restrictive conditions than presently exist, then, the commission is empowered to amend or change such rules and regulations that they may have adopted to come into conformity with the federal law, rule and regulation; however, in no event shall this act [§§ 24-10-101 through 24-10-115 ] become more restrictive than is indicated herein by said federal action.

History. Laws 1971, ch. 250, § 12; W.S. 1957, § 24-121.

§ 24-10-113. Severability.

If any provisions of this act [§§ 24-10-101 through 24-10-115 ], or the application of any provision to any person or circumstance, is held invalid, the remainder of this act shall not be affected thereby.

History. Laws 1971, ch. 250, § 13; W.S. 1957, § 24-122.

§ 24-10-114. Outdoor advertising contracted for prior to enactment of chapter. [Repealed]

History. Laws 1971, ch. 250, § 14; W.S. 1957, § 24-123; Repealed by Laws 2019, ch. 186, § 2.

§ 24-10-115. Violations a misdemeanor.

Any person violating any provision of this act [§§ 24-10-101 through 24-10-115 ] is guilty of a misdemeanor.

History. Laws 1971, ch. 250, § 15; W.S. 1957, § 24-124.

§ 24-11-101. Special obligation loans.

The Wyoming transportation commission, a public instrumentality of the state of Wyoming, may borrow money from the Wyoming community development authority. Borrowing shall be evidenced by a special obligation loan or loans bearing interest at a rate or rates not exceeding ten percent (10%) per annum. Any such special obligation loan shall not constitute a debt nor an indebtedness within the meaning of any constitutional or statutory debt limitations. The proceeds of each special obligation loan shall be used for the purpose of constructing or otherwise acquiring highway facilities which become necessary by reason of the location and expansion of mineral extractive industries and other industrial developments in the state.

History. Laws 1975, ch. 193, § 1; W.S. 1957, § 24-125; Laws 1977, ch. 51, § 2; 1991, ch. 241, § 3; 1996, ch. 89, § 1.

Unconstitutional application. —

This chapter is unconstitutionally applied when the loan terms from the Wyoming community development authority require that the debt be paid from future excise taxes to be collected beyond the current year in which the loan is made. Witzenburger v. State, 575 P.2d 1100, 1978 Wyo. LEXIS 266 (Wyo.), reh'g denied, 577 P.2d 1386, 1978 Wyo. LEXIS 289 (Wyo. 1978).

This chapter is related act to Wyoming Community Development Authority Act (§§ 9-7-101 through 9-7-125 ). Witzenburger v. State, 575 P.2d 1100, 1978 Wyo. LEXIS 266 (Wyo.), reh'g denied, 577 P.2d 1386, 1978 Wyo. LEXIS 289 (Wyo. 1978).

§ 24-12-101. Established; composition; designation of rank; administrator appointed; to hold rank of colonel.

The highway patrol division within the department of transportation is established to consist of personnel to be appointed and designated as to rank by the administrator of the highway patrol. The director shall appoint an administrator of the highway patrol division who shall hold the rank of colonel.

History. Laws 1935, ch. 51, § 2; 1937, ch. 89, § 2; C.S. 1945, § 60-902; W.S. 1957, § 31-7; Laws 1967, ch. 50, § 1; W.S. 1977, § 31-2-101 ; Laws 1984, ch. 47, § 1; ch. 56, § 1; 1991, ch. 241, § 3.

Cross references. —

As to director of department of transportation, see § 9-2-2004 .

§ 24-12-102. Duties generally; emergencies; coordination.

1. The state highway patrol, acting under the direction of the director, shall enforce all the motor vehicle laws of this state. They shall also perform other duties assigned to them by the governor and are at all times subject to the call of the governor for emergency purposes at his discretion.
2. The administrator of the state highway patrol shall provide state troopers for security in the capitol building, Herschler state office building as provided in this subsection and governor’s residence and security for the governor. Security provided pursuant to this section is intended to provide protection for the statewide elected officials while in offices in the capitol building or Herschler state office building and members of the legislature during the legislative session or at the request of legislative staff when an interim committee meeting open to the public is held in the capitol building or Herschler state office building.
3. The state highway patrol shall coordinate with local, tribal, state and federal law enforcement agencies, the Wyoming office of homeland security and any other appropriate entity to operate an alert system under the integrated public alert and warning system or successor system, adhering to the United States department of justice criteria. The state highway patrol shall report annually to the division of criminal investigation the number of times and dates that the alert system was used, the age, race and gender of the abducted person, whether the abduction was thwarted and whether the alert system assisted in resolving the abduction. In addition:
   1. If the Northern Arapaho and Eastern Shoshone Tribes:
      1. Operate or seek to operate an alert system under the integrated public alert and warning system or successor system on the Wind River Reservation, adhering to the United States department of justice criteria, the Wyoming office of homeland security and state highway patrol shall assist and coordinate with any tribal agency in establishing or operating that system;
      2. Report missing or endangered persons to the state highway patrol, the state highway patrol shall employ the alert system under this subsection to aid in the protection of persons and safe recovery of the reported missing or endangered persons.
   2. The state highway patrol may also use or manage other alert systems to aid in the safe recovery of missing or endangered persons.

History. Laws 1935, ch. 51, § 3; 1937, ch. 89, § 3; C.S. 1945, § 60-903; W.S. 1957, § 31-9; W.S. 1977, § 31-2-103 ; Laws 1984, ch. 47, § 1; ch. 56, § 1; 2001, ch. 45, § 1; 2015, ch. 91, § 1; 2020, ch. 19, § 1.

Cross references. —

As to director of department of transportation, see § 9-2-2004 .

The 2015 amendment, rewrote (b), which formerly read: “The administrator of the state highway patrol shall provide state troopers for law enforcement services for state personnel and state property in Laramie county, Wyoming. Security for personnel in the capitol building, governor's residence, other state buildings and security which may require travel outside Laramie county shall be provided as directed.”

Laws 2015, ch. 91, § 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 2, 2015.

The 2020 amendment, effective July 1, 2020, added (c).

Editor's notes. —

Laws 2001, ch. 45, § 3, transfers all personnel, equipment, and funding for the capitol police within the division of criminal investigation to the Wyoming highway patrol.

Improperly displayed out-of-state license plates justifies stop. —

A patrolman had a reason to suspect that the driver of car with Colorado license plate not displayed in accordance with Colorado law was violating Wyoming law, and he had authority to stop the car. Vargas-Rocha v. State, 891 P.2d 763, 1995 Wyo. LEXIS 37 (Wyo. 1995).

Applied in

Marvel v. Pursel, 65 Wyo. 395, 202 P.2d 656, 1949 Wyo. LEXIS 24 (1949).

§ 24-12-103. Members to have powers of peace officers; exception.

All members of the state highway patrol shall have and exercise all the powers vested in peace officers, except the power to serve civil writs and processes.

History. Laws 1935, ch. 51, § 4; 1937, ch. 89, § 4; C.S. 1945, § 60-904; W.S. 1957, § 31-10; W.S. 1977, § 31-2-104 ; Laws 1984, ch. 47, § 1; ch. 56, § 1.

Applied in

Marvel v. Pursel, 65 Wyo. 395, 202 P.2d 656, 1949 Wyo. LEXIS 24 (1949).

§ 24-13-101. Short title.

This chapter is known and may be cited as the “Utility Relocation Assistance Act of 1989”.

History. Laws 1989, ch. 276, § 1.

§ 24-13-102. Definitions.

1. As used in this chapter:
   1. “Cost of relocation” means the entire amount paid by a utility properly attributable to relocation after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility;
   2. “Department” means the department of transportation created by W.S. 24-2-101 ;
   3. “Federal-aid highway system” means the federal-aid primary highway system, the federal-aid secondary highway system and the interstate system, including extensions of any of them within urban areas;
   4. “Interstate system” means any highway now or hereafter included as a part of the national system of interstate and defense highways provided for in Title 23 of the United States Code;
   5. “Utility” means all publicly, privately and cooperatively owned utilities, regulated and unregulated, supplying utility services to or for the public.

History. Laws 1989, ch. 276, § 1; 1991, ch. 241, § 3.

Editor's notes. —

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

§ 24-13-103. Relocation of utility facilities; payment of costs.

If the relocation of any utility facility is necessitated by the construction of a project on the federal-aid highway system, the owner or operator of that utility facility shall relocate the facility at its expense and in accordance with the order of the director of the department of transportation. Upon completing the relocation, the department shall determine the cost of relocation and may pay any portion of that amount to the utility.

History. Laws 1989, ch. 276, § 1; 1991, ch. 241, § 3.

§ 24-13-104. Applicability of chapter.

1. This chapter does not apply to any taking or damaging of property for which a utility is entitled to compensation pursuant to:
   1. Other applicable law;
   2. The constitution of this state or of the United States; or
   3. A binding agreement inuring to the utility’s benefit.

History. Laws 1989, ch. 276, § 1.

Editor's notes. —

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

§ 24-14-101. Program in addition to any existing road program.

The road maintenance program contemplated by this chapter shall be known as the “state park road program”, which shall be in addition to and not as a substitute for any federal aid, primary, secondary or state-county road construction program or any other road program now in existence.

History. Laws 1991, ch. 238, § 1; 2011, ch. 129, § 301.

The 2011 amendment, effective July 1, 2011, deleted “and farm-to-market road program” following “secondary.”

§ 24-14-102. State park road account.

There is created a state park road account within the highway fund. The department of transportation may use the funds from the state park road account to enter into contracts and to obtain services for state park road maintenance and improvement projects, in consultation with the department of state parks and cultural resources.

History. Laws 1991, ch. 238, § 1; 1999, ch. 69, § 2.

§ 24-15-101. Public transit program created; duties.

1. There is created a “public transit program” to be administered by the Wyoming department of transportation. The department shall:
   1. Accept public transit funds from the federal transit administration on behalf of the state;
   2. Adopt rules and regulations to implement the purposes of this chapter;
   3. Distribute state and federal public transit funds to eligible grantees pursuant to federal requirements and rules and regulations of the department.

History. Laws 1993, ch. 164, § 1.

Editor's notes. —

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

§ 24-15-102. Public transit account.

1. There is created a public transit account within the highway fund. The department shall fund the program annually with one million five hundred thousand dollars ($1,500,000.00) using unrestricted state highway funds. Funds provided to the state under the federal Transit Act and other funds that may become available to assist urban and rural public transit programs shall be in addition to funding provided from unrestricted highway funds. Funds in the account shall be distributed and expended in accordance with federal requirements and department rules and regulations.
2. Recipients of funds under the federal Transit Act may transfer unused grant funds for the benefit of other public transit programs in the state, subject to the following:
   1. Any transfer of funds under this paragraph shall require the approval of the governor;
   2. Transferred federal funds under this paragraph shall be reimbursed to the transferor by the department from unrestricted state highway funds to be used as local match for federal funds at the rate of one dollar ($1.00) for every three dollars ($3.00) of federal funds transferred by the transferor;
   3. To the extent not reimbursed from unrestricted state funds, the federal funds transferred shall be used for the benefit of public transit program grantees for the acquisition of new transit vehicles, replacement of transit vehicles or rehabilitation of vehicles in the transit fleet;
   4. Federal funds transferred by a program grantee may be carried over into the following fiscal year by the department or a recipient public transit program grantee.

History. Laws 1993, ch. 164, § 1; 1999, ch. 144, § 1.

Federal Transit Act. —

The Federal Transit Act, referred to in this section, appears as 49 U.S.C. § 5301 et seq.

Appropriations. —

Laws 2005, ch. 150, §§ 1 and 2, effective July 1, 2005, appropriates 1,000,000 from the general fund to the department of transportation to be deposited in a separate account within the public transit account created by § 24-15-102 . The funds and any interest earned under this separate account are to be distributed to eligible grantees under the public transit program created by § 24-15-101 , pursuant to rules promulgated by the department, which specify that funds within the separate account are to be used only for operational expenses and not for capital improvements. To the extent funds, including interest earned on the funds, are available, the department of transportation may distribute funds from the separate account within the public transit account to eligible grantees. The funds distributed by the department from the separate account are in addition to any funds distributed under § 24-15-102 . The appropriation under the act is to be considered a one-time appropriation, and is not to be considered a part of the division's standard budget during the department of administration and information's budget preparation cycle in the 2007-2008 biennium budget.

Laws 2009, ch. 182, § 1, effective July 1, 2009, provides:

“(a) There is appropriated one million five hundred thousand dollars ($1,500,000.00) from the general fund to the department of transportation. The funds appropriated under this act shall be deposited in a separate account within the public transit account created by W.S. 24-15-102 .

“(b) The funds appropriated under this act and any interest earned therefrom shall be distributed to eligible grantees under the public transit program created by W.S. 24-15-101 , pursuant to rules promulgated by the department of transportation. The department of transportation shall promulgate rules and regulations specifying that funds within the separate account shall be used only for operational expenses and bus purchases.

“(c) For the fiscal year beginning July 1, 2009, not more than one million five hundred thousand dollars ($1,500,000.00) may be distributed from the separate account created by this act.

“(d) The funds distributed by the department of transportation from the separate account created by this act shall be in addition to any funds distributed under W.S. 24-15-102 and shall not be considered funds distributed under W.S. 24-15-102 .

“(e) The appropriation made under this act shall be a one (1) time appropriation and shall not be considered part of the department of transportation's standard 2011-2012 biennium budget.

“(f) Notwithstanding any other provision of law, the appropriation made under this act shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2010.”