Transportation department authority.

WORKING DRAFT
2010
STATE OF
WYOMING
10LSO-0063

HOUSE BILL
NO.
HB0030

Transportation
d
epartment authority.

Sponsored by:
Joint Transportation, Highways and Military Affairs Interim Committee

A BILL

for

AN ACT relating to
the department of transportation
; expanding authority relating to acquiring property for rights-of-way for structures to maintain safe roadways;
and providing for an effective date.

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

Section 1.

W.S. 24
‑
2
‑
102
(a)(i)(E) 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:

(E)

Maintenance
, including the er
ection and preservation of structures reasonably necessary to maintain the safe condition of a
highway
;

(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) of this section and
, unless acquired for the er
ection and preservation of structures reasonably necessary to maintain the safe condition of a
highway
,
only if the property for those purposes is immediately adjacent to the highway right-of-way.

Section 2.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

1
HB0030