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SF0040 • 2010

Establishment of highways.

AN ACT relating to establishment of highways; exempting certain agricultural roads on public lands from procedure required to establish highways; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Senator Cooper
Last action
2010-03-09
Official status
enrolled
Effective date
7/1/2010

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0040H2001

2nd reading • BROWN

Adopted

Plain English: Adopted 2nd reading by BROWN

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0040H3001

3rd reading • GINGERY

Withdrawn

Plain English: Withdrawn 3rd reading by GINGERY

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2010-03-09 LSO

    Assigned Chapter Number - 89

  2. 2010-03-09 Governor

    Governor Signed SEA0041

  3. 2010-03-05 House

    H Speaker Signed SEA No. 0041

  4. 2010-03-04 Senate

    S President Signed SEA No. 0041

  5. 2010-03-04 LSO

    Assigned Number SEA0041

  6. 2010-03-04 Senate

    S Did Concur

  7. 2010-03-03 Senate

    S Received for Concurrence

  8. 2010-03-03 House

    H Passed 3rd Reading

  9. 2010-03-02 House

    H Passed 2nd Reading

  10. 2010-03-02 House

    H Amendments Adopted

  11. 2010-03-02 House

    Amendment Adopted

  12. 2010-03-01 House

    H Passed CoW

  13. 2010-02-24 House

    H Placed on General File

  14. 2010-02-24 House

    H08 Recommended Do Pass

  15. 2010-02-17 House

    H Introduced and Referred to H08

  16. 2010-02-12 House

    H Received for Introduction

  17. 2010-02-12 Senate

    S Passed 3rd Reading

  18. 2010-02-11 Senate

    S Passed 2nd Reading

  19. 2010-02-10 Senate

    S Passed CoW

  20. 2010-02-09 Senate

    S Placed on General File

  21. 2010-02-09 Senate

    S08 Recommended Do Pass

  22. 2010-02-08 Senate

    S Introduced and Referred to S08

  23. 2010-02-08 Senate

    S Received for Introduction

  24. 2010-01-27 LSO

    Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
SF0040
Drafter:

IDS

LSO No.:
10LSO-0024
Effective Date:

7/1/2010

Enrolled Act No.:
SEA0041

Chapter No.:

Prime Sponsor:
Senator
Cooper

Catch Title:
Establishment
of highways.

Subject:
Designation of
highways.

Summary/Major Elements:

Until 1976, federal law R.S. 2477 recognized the authority of
counties to regulate roadways on federal lands if the roadway was adopted as a
county road under Wyoming's 1926 law, W.S. 24-1-101. R.S. 2477 was repealed in
1976, but contained clauses preserving the counties' regulatory powers over all
"valid" rights of way "existing on the date of approval of the
[FLPMA]." The FLPMA is the law which replaced R.S. 2477 and which
withdrew the authority of counties to regulate county roads on federal property,
unless previously regulated pursuant to R.S. 2477.

This legislation amends W.S.
24-1-101(a) which is the law that defines and establishes public roadways in Wyoming. The law is amended to declare as public roadways, "roads located on federal
public lands prior to October, 1976 which provide access for a private
residence or agricultural operation." Such roadways must be accepted by
the board of county commissioners where the road is located prior to being
considered a public roadway.

This legislation attempts to
bring under county control various Wyoming roadways that are currently being
regulated by the B.L.M and other federal agencies.

Current Bill Text

Read the full stored bill text 
WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0040

ENROLLED ACT NO. 41, SENATE

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

AN ACT relating to establishment of highways; exempting certain agricultural roads on public lands from procedure required to establish highways; and providing for an effective date.

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

Section 1.

W.S. 24
‑
1
‑
101(a) is amended to read:

24
‑
1
‑
101.

Public highways defined and established; creation by adverse possession.

(a)

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.

Section 2.

Th
is act is effective July 1, 2010
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1