Public easements-abandonment.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0171.E1

SENATE FILE

NO.
SF0033

Public easements-abandonment.

Sponsored by:

Senator
(s) Martin
,

Cooper and Ross
and
Representative(s)
Lubnau

A BILL

for

AN ACT relating to
public easements; providing a process for
abandonment of
easements by local governments as specified;
and providing for an effective date.

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

Section 1.

W.S. 16
‑
12
‑
101
and
16
‑
1
2
‑
10
2
are
created to read:

CHAPTER 12
ABANDONMENT OF PUBLIC EASEMENTS

1
6
‑
1
2
‑
101.

Abandonment of public easement; authorization
; definition
.

(a)

The governing body of any city
or
town may abandon any public easement granted to the public within the
incorporated boundaries
of the
city or town
in the manner provided in this chapter.

(b)

The
governing body of any
county
may abandon any public easement granted to the public in an unincorporated area of the county in the manner provided in this chapter.
The abandonment of a public easement under this chapter shall not impair the right of any public utility to continue to operate and maintain utility facilities located within the public easement.

(c)

As used in this chapter, "governing body" means
as defined in W.S. 15
‑
1
‑
101(a)(vi) and includes
the board of county commissioners
for public easements located in
unincorporated
area
s
of the county.

1
6
‑
1
2
‑
10
2
.

Abandonment of public easement; hearing notice;
objections; how conducted; order; record
.

(a)

If the governing body of any city
or
town
, for public easements within the incorporated area of the city or town,
or
the
governing body
of the county
, for public easements in unincorporated areas in the county,
considers it to be in the public interest to abandon any easement within its jurisdiction, the governing body

shall set a time an
d
place for a public hearing upon the proposal to abandon the easement.
After providing notice to the public service commission, n
otice of the hearing shall be published for three (3) consecutive weeks prior to the hearing in a newspaper published in the county in which the public easement is located, or if there is no newspaper published in the county in which the easement is located, then in a newspaper published in this state and of general circulation in that county. The notice shall contain a statement of the time, place and purpose of the hearing
and
the reason for the
proposed
abandonment
.
Any resident may appear at the hearing and offer evidence in support
or opposition
of the proposed abandonment. If the governing body of the city, town or county where the public easement is located finds the proposed abandonment is in the best interests of the city, town or county and its residents, the governing body may order the public easement abandoned by
ordinance or resolution
.

(b)

If no substantial use has been made of a public easement,
and
if
,

for a period of at least ten (10) consecutive years,
the public easement has not been
maintained by the city, town or county where the easement is located
in
a
manner to
allow use of the public easement
and
to
protect the health or safety of residents
in the
city, town or county where the easement is located
, it shall be deemed that the governing body of the city
or
town
, for public easements located within the incorporated
boundaries of the city or town
,
or
the governing body of a
county
, for easements located in unincorporated areas of the county,
has intended to abandon the public easement.

The owner of the servient estate
may notify the governing body of the jurisdiction where the easement is located of the expiration of
ten (10) year period of nonuse or maintenance with a demand that the governing body initiate the hearing process specified in subsection (a) of this section. The governing body shall, upon verifying the accuracy of the statements contained in the notice and demand,
initiate the
hearing
process.
The
owner of the servient estate
who filed the demand and notice under
this subsection
may appear at the hearing in support of his demand and notice. Any resident of the city, town or county where the public easement is located, having filed his objections to the demand for abandonment, may appear at the hearing to protest the abandonment and provide evidence demonstrating that there had been substantial use and maintenance of the public easement during the ten (10)
consecutive
year period specified in the notice and demand.
If the hearing is conducted by the governing body of the city or town for a public easement located within the incorporated area of the city or town, a duly authorized representative of the county may appear at the hearing to protest the abandonment.
If the governing body finds that there has been no substantial use of the public easement, and the public easement has not been maintained by the city, town or county where the easement is located for
a period of at least
ten (10)
consecutive
years, it
may
order the public easement abandoned by
ordinance or resolution
.

(c)

The record of the proceedings of the public hearing, including the findings of the governing body shall be made part of the minutes of the regular or special meeting of

the governing body at which the hearing was conducted
and the final order shall be recorded in the real estate records of the county clerk and recorder's office in which the abandoned easement is located.

Section
2.

This act is effective July 1, 2009.

(END)

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SF0033