Public land access.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0243

SENATE FILE
NO.
SF0053

Public land access.

Sponsored by:

Senator(s) Scott, Jennings, Landen and Perkins and Representative(s) Gay and McOmie

A BILL

for

AN ACT relating to
public lands; providing for acquisition of access easements across private lands adjoining public lands as specified; providing for use of eminent domain; providing specifications for access points;
and providing for an effective date.

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

Section 1.

W.S. 36
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1
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122 is created to read:

36
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1
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122.

Public access easements; acquisition; specifications; valuation.

(a)

The board of land commissioners and the game and fish commission
, jointly or independently,
may acquire
, as provided in this section,
public access easements across
private lands where the private lands
share a common corner with tracts of public lands creating a point
where access from one parcel of public land to another parcel of public land is restricted
. Acquisition of
these
public access easements may be by gift or donation, purchase or by use of eminent domain.

(b)

In determining whether to acquire an easement as provided in subsection (a) of this section, the board of land commissioners or the game and fish commission shall consider the following factors:

(i)

The quantity and quality of recreational opportunities which will become available to the public;

(ii)

The effect of the increased access to public lands on the management of game herds;

(iii)

Whether effective
access to the
public
lands across private lands
already exists without excessive trespass fees;

(iv)

Any other economic value that may accrue to the state by opening the public lands involved to mineral or other exploration or production.

(c)

Except as provided in this subsection a
public access easement acquired under subsection (a) of this section shall be limited to
the privately owned portion of a square, the midpoint of whose sides are
six (6) feet
from
the corner where the public lands and the private lands abut. A larger easement may be acquired when:

(i)

A land survey has offset the corners so that they do not actually touch;

(ii)

Terrain features require a larger easement area;

(iii)

A larger easement is required to facilitate mineral exploration or other economic development activities requiring the use of mechanical equipment; or

(iv)

A larger easement is required to facilitate the development of a road.

(d)

If eminent domain is used to acquire a public access easement under subsection (a) of this section, the value of the easement shall be established using only the fair market value of the land actually condemned for the access point.
No other alleged costs to the private landowner shall be considered.

(e)

When a public access easement has been acquired pursuant to this section, the board of land commissioners or the game and fish commission may require that a gate or other opening be installed within the easement to facilitate public access. The required gate shall, at the least, be large enough to allow passage of a person mounted on a horse and shall be built in such a manner that a
female
person of normal strength can open the gate without difficulty.

(f)

The game and fish commission shall publish a list of
the locations of all access easements acquired by the board of land commissioners or the game and fish commission under this section.

(g)

For purposes of this section, “public lands” means state trust lands, game and fish owned lands and federal lands to which the public has access for recreational purposes.

Section 2.

W.S. 23
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302(a)(iii)(intro) and by creating a new subparagraph (D) is amended to read:

23
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302.

Powers and duties.

(a)

The commission is directed and empowered:

(iii)

To acquire lands and waters in the name of Wyoming by purchase, lease, agreement, gift or devise, not including powers of eminent domain
except as provided in W.S. 36
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122
, and to develop, improve, operate, and maintain the same for the following purposes:

(D)

Public access as provided in W.S. 36
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122.

Section
3
.

This act is effective July 1, 2012.

(END)

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SF0053