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HB0079 • 2011

Establishment of private roads.

AN ACT relating to establishment of private roads; requiring notice of proposed alternative routes; amending time periods; and providing for an effective date.

Enacted

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

Sponsor
Representative Buchanan
Last action
2011-02-18
Official status
enrolled
Effective date
7/1/2011

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.

HB0079H3001

3rd reading • BROWN

Adopted, Corrected

Plain English: Adopted, Corrected 3rd 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.
HB0079HS001

Standing Committee • H01

Adopted

Plain English: Adopted Standing Committee by H01

  • 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.
HB0079SW001

Committee of the Whole • COOPER

Failed

Plain English: Failed Committee of the Whole by COOPER

  • 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. 2011-02-18 LSO

    Assigned Chapter Number

  2. 2011-02-18 Governor

    Governor Signed HEA0019

  3. 2011-02-16 Senate

    S President Signed HEA No. 0019

  4. 2011-02-15 House

    H Speaker Signed HEA No. 0019

  5. 2011-02-15 LSO

    Assigned Number HEA0019

  6. 2011-02-15 Senate

    S Passed 3rd Reading

  7. 2011-02-14 Senate

    S Passed 2nd Reading

  8. 2011-02-11 Senate

    S Passed CoW

  9. 2011-02-11 Senate

    Amendment Failed

  10. 2011-02-07 Senate

    S Placed on General File

  11. 2011-02-07 Senate

    S01 Recommended Do Pass

  12. 2011-01-28 Senate

    S Introduced and Referred to S01

  13. 2011-01-27 Senate

    S Received for Introduction

  14. 2011-01-25 House

    H Passed 3rd Reading

  15. 2011-01-25 House

    Amendment Adopted

  16. 2011-01-24 House

    H Passed 2nd Reading

  17. 2011-01-21 House

    H Passed CoW

  18. 2011-01-21 House

    H Amendments Adopted

  19. 2011-01-21 House

    Amendment Adopted

  20. 2011-01-20 House

    H Placed on General File

  21. 2011-01-20 House

    H01 Recommended Amend and Do Pass

  22. 2011-01-14 House

    H Introduced and Referred to H01

  23. 2011-01-11 House

    H Received for Introduction

  24. 2011-01-07 LSO

    Bill Number Assigned

Official Summary Text

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

Bill No.:
HB0079
Drafter:

IDS

LSO No.:
11LSO-0258
Effective Date:

7/1/2011

Enrolled Act No.:
HEA0019

Chapter No.:
46

Prime Sponsor:
Representative
Buchanan

Catch Title:
Establishment
of private roads.

Subject:
Adopts and
amends standards for the establishment of private roads in Wyoming.

Summary/Major Elements:

●

Requires parties affected by
a private road application to provide written notice of proposed alternative
routes and gives those parties the right to receive notice of proceedings related
to the private road action;

●

Allows a board of county
commissioners 85 days, rather than 30 days, to perform its initial review of a
private road application;

●

Establishes that no hearing
on a private road application can take place sooner than 145 days after the
application is filed;

●

Requires notice of hearing
dates to all affected landowners, including those proposing alternative routes,
at least 45 days prior to the hearing.

Current Bill Text

Read the full stored bill text
WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0079

ENROLLED ACT NO. 19, HOUSE OF REPRESENTATIVES

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to establishment of private roads; requiring notice of proposed alternative routes;
amending time periods
; and providing for an effective date.

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

Section 1.

W.S. 24
‑
9
‑
101(b), (c) and
(e) is amended to read:

24
‑
9
‑
101.

Petition; initial hearing; appointment of viewers and appraisers; bond; rules; certification to district court.

(b)

Within ten (10) days after filing an application with the board, the applicant shall give notice in writing by certified mail, with return receipt, to the affected parties of all lands over which any private road is applied for, of his pending application for a private road. The notice shall include a complete copy of the original application and any amendments thereto.
Each affected party receiving notice under this subsection shall, within
forty-five (45)
days of receiving notice, provide written notice
by certified mail with return receipt requested,
to the board and the applicant of the location and description, in the manner described in paragraphs (a)(iv) and (v) of this section, of any alternate routes proposed by the affected party.

(c)

The board shall review the application within
thirty (30)

eighty
-five (
8
5)
days of its receipt and if the board finds the application contains the information required by subsection (a) of this section and notice has been provided in accordance with subsection (b) of this section, it shall schedule a hearing to determine whether the applicant has no legally enforceable access to his land. The hearing shall be scheduled
at a date that allows the applicant time to give all notice required under this section

not sooner than one hundred forty-five (145) days after the filing of the application with the board
.

(e)

After the board has scheduled a hearing date under subsection (c) of this section, the applicant shall give written notice of the date, time and place of the hearing on the application, by certified mail with return receipt, to all affected parties named in the original application
, all landowners affected by any alternative routes proposed as provided in subsection (b) of this section
and any other landowners the board believes may be affected by the application or
by
any alternative route which may be considered by the board
.

or the viewers and appraisers.

The written notice shall include a copy of the original application and any amendments thereto and shall be provided at least
sixty (60)
forty-five (45)

days prior to the pending hearing. If any affected party
, including any landowner affected by any alternative route proposed as provided in subsection (b) of this section,
is a nonresident, and there is no resident agent upon which personal service can be had, then the notice may be published once a week for three (3) weeks in a newspaper published in the county. The first publication shall be at least
sixty (60)
forty-five (45)

days prior to the hearing.

Section 2.

Th
is act is effective July 1, 2011
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1