Adopted 2nd reading by BROWN
HB0222
Procedures for Establishing Private Roads
In one sentence
This law sets specific time limits and steps for applying for a private road, notifying neighbors, and holding hearings before the county board or district court.
What it does
- Requires applicants to send written notice to affected landowners within 10 days of filing an application.
- Gives affected parties 20 days to propose alternative routes in writing.
- Requires the Board of County Commissioners to review the application within 45 days.
- Mandates that hearing notices be sent at least 60 days before the hearing date.
- Allows the board to keep control of the case or send it to the district court.
- Specifies that the district court's final order is the final decision for the board.
Who it affects
- Applicants requesting the establishment of a private road.
- Landowners whose property is affected by the proposed road or alternative routes.
- The Board of County Commissioners.
- The District Court.
Limits and unknowns
- The bill text provided does not specify the exact criteria the board uses to determine if an applicant has 'legally enforceable access.'
- The source material does not detail the specific costs or fees associated with the application process.
- The bill does not explain how the district court handles appeals if the board certifies the case.
Plain language
Terms to know
- Affected party
- A person or landowner whose property is impacted by the proposed private road or an alternative route.
- Certified mail
- A method of sending mail that provides proof of delivery and a return receipt.
- Interlocutory decision
- A decision made by the board that is not final and can be reviewed by the court.
Official record
Sources
Read the official summary
Bill No.: <billno> Drafter: <drafterinit> Bill No.: HB0222 Drafter: DJL LSO No.: 09LSO-0373 Effective Date: 7/1/2009 Enrolled Act No.: HEA0114 Chapter No.: 188 Prime Sponsor: Representative Brown Catch Title: Establishment of private roads. Subject: Procedures for establishment of private roads. Summary/Major Elements: Current law outlines requirements associated with an applicant's request for a private road and the response of the Board of County Commissioners, and requires notice to all interested parties regarding a hearing. The bill: o Creates requirements under which an affected party may respond to an applicant's request for a private road and imposes a time frame for the affected party's response; o Outlines Board of County Commissioners hearing procedures and district court hearing procedures regarding the establishment of a private road or proposed alternative routes; and o Gives the board the discretion to retain jurisdiction of the matter or to certify the case to the district court. Note: Final action on this bill was not taken at the time this summary was prepared. Should changes be made to the bill upon final passage, an updated summary will be transmitted to all legislators.
Public statements
Why lawmakers voted
Last checked Aug 8, 6:50 AM
Wyoming roll calls
Recorded votes
5 roll calls
H Did Concur 59-1-0-0-02009-03-04 · House59 yes 1 no
- Yes
- 59
- No
- 1
- Absent
- 0
- Excused
- 0
- Conflict
- 0
Yes 59
No 1
S Passed 3rd Reading 26-4-0-0-02009-03-03 · Senate26 yes 4 no
- Yes
- 26
- No
- 4
- Absent
- 0
- Excused
- 0
- Conflict
- 0
Yes 26
S01 Recommended Do Pass 3-1-1-0-02009-02-20 · Senate3 yes 1 no
- Yes
- 3
- No
- 1
- Absent
- 0
- Excused
- 1
- Conflict
- 0
H Passed 3rd Reading 60-0-0-0-02009-02-06 · House60 yes 0 no
- Yes
- 60
- No
- 0
- Absent
- 0
- Excused
- 0
- Conflict
- 0
Yes 60
H01 Recommended Do Pass 9-0-0-0-02009-01-29 · House9 yes 0 no
Official activity
Bill history
- Assigned Chapter Number - 188LSO
- Governor Signed HEA No. 0114Governor
- S President Signed HEA No. 0114Senate
- H Speaker Signed HEA No. 0114House
- Assigned Number HEA No. 0114LSO
- H Did ConcurHouse
- H Received for ConcurrenceHouse
- S Passed 3rd ReadingSenate
- S Passed 2nd ReadingSenate
- Amendment AdoptedSenate
- S Passed CoWSenate
- S Amendments AdoptedSenate
- Amendment AdoptedSenate
- S Laid Back Without PrejudiceSenate
- S Placed on General FileSenate
- S01 Recommended Do PassSenate
- S Introduced and Referred to S01Senate
- S Received for IntroductionSenate
- H Passed 3rd ReadingHouse
- H Passed 2nd ReadingHouse
Changes
Amendments
4 stored
Adopted Committee of the Whole by BUCHANAN
Adopted 2nd reading by NICHOLAS
Adopted Committee of the Whole by NICHOLAS