Eminent domain-private roads.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0221

SENATE FILE
NO.
SF0069

Eminent domain-private roads.

Sponsored by:
Senator(s) Case

A BILL

for

AN ACT relating to
eminent domain; specifying
limitations on exercise of eminent domain to designate private roads as public
county
roads;
conforming
county commissioner powers
accordingly
;
and providing for an effective date.

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

Section 1.
W.S. 1
‑
26
‑
504 by creating a new subsection (d) and 18
‑
3
‑
504(a)(vi) are amended to read:

1
‑
26
‑
504.

Requirements to exercise eminent domain.

(d)

Eminent
domain shall not be exercised to designate a private road as a public
county
road if use of the private road is available to additional private parties
under conditions and requirements
substantially
similar for
the additional
and existing users
.

18
‑
3
‑
504.

Powers and duties generally.

(a)

Each board of county commissioners may:

(vi)

Lay out, alter or discontinue any road running through the county and for such purpose acquire the use of lands therein either by gift, prescription, dedication, the exercise of the right of eminent domain, purchase or lease and perform such other duties respecting roads as required by law
. Eminent domain shall not be exercised to designate a private road as a public
county
road if use of the private road is available to additional private parties
under conditions and requirements
substantially
similar for
the additional
and existing users
;

Section 2.
This act is effective July 1, 2012.

(END)

1
SF0069