Pipeline and utility location-2.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0666

HOUSE BILL
NO.
HB0343

Pipeline and utility location-2.

Sponsored by:
Representative(s) Lockhart and Edwards and Senator(s) Hawks

A BILL

for

AN ACT relating to highways; providing for acquisition of utility corridors; providing for locating pipelines and utilities in highway rights-of-way; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 24
‑
16
‑
101 through 24
‑
16
‑
103 are created to read:

CHAPTER 16
Pipelines and Utilities Location

24
‑
16
‑
101.

Short title.

This chapter may be cited as the "Pipeline and Utility Location Act".

24
‑
16
‑
102.

Definitions.

As used in this chapter, "utility corridor" means an area of highway right-of-way designated or used for the joint location of utilities, either public or private.

24
‑
16
‑
103.

Location of pipelines and utilities.

(a)

The transportation commission may allow parallel pipeline or line encroachments within the highway right-of-way.

(b)

When parallel encroachment is allowed, the facilities shall be located as close to the highway right-of-way line and as far from the highway centerline as possible.

(c)

Support facilities for pipelines, including storage tanks, valves, clean-out traps, compressors, cathodic protection fields, rectifiers and similar facilities shall be located off the highway right-of-way whenever possible.

(d)

Pressure regulators, whether in huts or vaults, metering equipment, hydrants and service line shut-off valves shall be located off the highway right-of-way whenever possible.

Section 2.

W.S. 24
‑
2
‑
102(a)(i)(G), (H), by creating a new subparagraph (J) and (b) is amended to read:

24
‑
2
‑
102.

General powers; power of eminent domain limited.

(a)

To construct, maintain and supervise the public highways of this state, the department of transportation is authorized to:

(i)

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:

(G)

Roadside rest areas;
and

(H)

Scenic roadside areas
;
.

and

(J)

Utility corridors.

(b)

The commission shall not acquire property by eminent domain except for highway rights
‑
of
‑
way as specified by subparagraphs (a)(i)(A) through (F)
and (J)
of this section and only if the property for those purposes is immediately adjacent to the highway right
‑
of
‑
way.

Section 3.

This act is effective July 1, 2005.

(END)

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HB0343