Private roads.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0134

ENROLLED ACT NO. 83, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to

highways
;
modifying procedures for establishing private roads
;
conforming provisions;
repealing specified provisions;
specifying legislative intent;

and providing for an effective date.

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

Section 1.

W.S. 24
‑
9
‑
105 is created to read:

24
‑
9
‑
105
.

Rules of procedure; l
egislative findings
and intent.

(a)

The supreme court may adopt rules governing proceedings commenced under W.S. 24
‑
9
‑
101, including limi
ted application of the rules relating to
procedure
,
discovery and
evidence and
such other rules as the court determ
ines appropriate to provide for
expedited and efficient
proceedings
, including appellate proceedings,

which
minimize

the
delay and cost
in actions
to establish
a private road
.

(b)

It is the intent of the
legislature

to provide for a more expeditious and affordable means to establish a private r
oad under this article. The l
egislature further intends that the precedents established
with respect to the creation of private roads
prior to the
July 1, 2013
amendments
to this article
should continue to be followed to the extent they are not inconsistent with
the provisions of this article.

Section 2
.

W.S. 24
‑
9
‑
101
(a)
(intro),
(i), (iii) through (vi), (b) through (f), (h) and (
j
), 24
‑
9
‑
103
(a) through (d) and (f)
and
24
‑
9
‑
104 are amended to read:

24
‑
9
‑
101.

Answer and complaint
; initial hearing; appointment of viewers and appraisers.

(a)

Any person whose land has no outlet to, nor connection with a public road, may
file

an
application in writing with the board of county commissioners in the

county where his
commence an
action
in district court in any county in which
any part of
the
land is located

for a private road leading from his land
to some convenient public road.
The
application

shall contain the following information

plaintiff shall join as defendants
the owners of record, owners of recorded easements and rights of way and any lessee, mortgagee or occupant of the land over which any proposed road would cross
.

The complaint shall contain a short and plain statement of
:

(i)

The legal description of the land owned by the
applicant

p
laintiff

to which access is sought and a statement that
all or some of
the

land
is located within the county;

(iii)

A description of the
applicant's

plaintiff
's
efforts to purchase a legally enforceable access to a public road;

(iv)

A description sufficient to identify the general location of any access routes proposed by the
applicant

p
laintiff
;

(v)

The legal description
and the names and addresses of the affected parties

of all land over which any proposed access routes would cross
;
. Affected parties

includes

the owners of record, owners of recorded easements and rights of way and any lessee, mortgagee or occupant of the land over which any proposed road would cross and may include the state of Wyoming
;
and

(vi)

A statement as to whether any actions of the
applicant

p
laintiff
or any person with the consent and knowledge of the
a
pplicant

p
laintiff
, caused the
applicant's

plaintiff
's
land to lose or to not have any legally enforceable access.

(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 defendant's answer shall
set forth
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

defendant
and

the owners of record, owners of recorded easements and rights of way and any lessee, mortgagee or occupant of the land over which any proposed
alternate route
s

would cross
.

(
c)

The
board

court
shall
review the application within eighty-five (85) 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 not sooner than one hundred forty-five (145) days after the filing of the application with the board

give an action for a private
road precedence over other
civil
cases pending in court, other than election contests, and the action shall in every way be expedited
.

(d)

If the
applicant

p
laintiff
has had access to his land and that access is being denied or restricted, the
board of county commissioners

court
may grant temporary access to the
applicant

p
laintiff
over a route identified by the
board

until the application has been processed and finalized

court p
ending the outcome of the proceedings
.

(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

The plaintiff shall join as defendants
persons identified under subsection (b) of this section
or otherwise identified by a defendant
as

the owners of record, owners of recorded easements and rights of way and any lessee, mortgagee or occupant of the land over which

any
proposed

alternative routes
proposed as provided in subsection (b) of this secti
on and any other landowners the
board

believes

may be affected by the application or by any alternative route which may be considered by the boar
d
. T
he written notice shall include a copy of the original application

and any amendments thereto and shall be provided at least 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 forty-five (45) days prior to the hearing

would cross
.

(f)

The
board

court
may
ass
ess to the applicant costs for acting on the application under this section and W.S. 24
‑
9
‑
103 and
require the
applicant

plaintiff
to file a bond to pay for
those
costs

allowed under W.S. 24
‑
9
‑
103
.

(h)

If at the completion of the hearing the board

finds that the

applicant

The court shall hold an initial hearing to determine whether the plaintiff

has
satisfied the requirements of this section and access is necessary because the
applicant

p
laintiff
has no legally enforceable access
.
,
the b
oard

shall within thirty (30) days of the completion of the hearing enter its order so finding

and certify the application directly to the district court unless the board elects to retain jurisdiction. If the application is certified the court shall proceed as provided in subsection (m) of this section. If the board elects to retain jurisdiction it shall proceed with the application as provided in this subsection, subsections (j) through (k) of this section and W.S. 24
‑
9
‑
103.
The board

If the court finds the requirements of this section have been met and access is necessary, the court

shall
appoint three (3) disinterested
freeholders and electors of the county,

persons
as viewers and appraisers. Before entering upon their duties the viewers shall take and subscribe to an oath that they will faithfully and impartially perform their duties under their appointment as viewers and appraisers. The
board

court
shall
cause an order to be issued directing

direct
them to meet on a day named in the order on the proposed road, and view and appraise any damages
,

and make a recommendation to the board
.

Prior to meeting on-site to view the proposed road, the viewers shall give notice in writing to the applicant

and affected parties of the lands through which the proposed road or any
alternative road may pass, of the time and place where the viewers will meet, at least ten (10) days before viewing the
road,

at which time and place all persons interested may appear and be heard by the viewers. The viewers and appraisers shall then proceed to locate and mark out a private road and alternative routes as they deem appropriate, provided the location of the road shall not be marked out to cross the lands of any
affected
party who was not given notice under subsection (e) of this section

person not joined in the action
. The viewers and appraisers shall recommend
to the
court

the
most reasonable and convenient route, provided that access shall be along section and boundary lines whenever practical. The viewers and appraisers may recommend specific conditions that the
board

court
place on the road
,

as the board deems necessary,
including provisions for maintenance and limitations on the amount and type of use. The proposed road shall not exceed thirty (30) feet in width from a certain point on the land of the
applicant
p
laintiff

to
some certain point on the public road, and shall be located so as to do the least possible damage to the lands through which the private road is located. The viewers and appraisers shall also appraise any damages sustained by the owner over which the road is to be established and make full and true returns, with a plat of the road to the
board of county commissioners

court
. The viewers and appraisers shall also determine whether or not any gates or cattleguards
shall

should
be placed at proper points on the road, and appraise any damages in accordance with that determination.

(j)

In
determining
any damages to be suffered by
the

owner or owners of the lands through which the access shall be provided

a defendant
, the viewers and appraisers shall appraise the value of the property

affected by the road
before and after the road is in place. Damages also may
include reasonable compensation for any improvements on the lands over which any private road is to be granted which were not paid for and will be used by the
applicant

plaintiff
.

24
‑
9
‑
103.

Report of viewers and appraisers;
trial to the court
; costs.

(a)

T
he viewers and appraisers so appointed, or a majority of them, shall make a report of their recommendations to the
board of county commissioners

at the next regular session

court
, and also the amount of damages, if any, appraised by them, and
the

p
erson or persons

defendant
entitled to such damages
.
Upon

receiving the report of the viewers and appraisers, the
board
shall hold a hearing

after twenty (20) days prior
written notice

to all affected parties

having a
n interest in

the lands through which
the proposed road or any alternative road may pass, at which time the affected parties may address the report. The board

matter shall be tried to the
court
without a jury. The court
may
either

accept, reject or modify the report and recommendations.
The
board

court
shall select the most reasonable and convenient route for the access, provided that access shall be along section and boundary lines whenever practical.
In compliance with the Wyoming Administrative Procedure Act
, t
he board

The court
shall issue
an

a final
order specifying the route
,

s
e
lected by the board,

any conditions imposed by the
board

and

court
and

any
damages
and costs

to be paid by the
applicant

p
laintiff
.

(b
)

The applicant and any other person aggrieved by the action of the board including the amount of any damages awarded,
A party
may appeal
to the district court at any time within thirty (30) days from the date of the order

any
final judgment of the district court under this section to the supreme court
.

(c)

After the

board of
county
commissioners

court

has received

a survey of the route and
proof of payment

by the applicant
of any damages and costs ordered to be paid,

the
board shall cause

a certified copy of the order to

be filed with the county clerk
court shall enter an order incorporating a legal description of the road, a legal description of the land benefitted by the road,

declaring the road to be a private road, and citing in the order any conditions imposed by the
board

court
.

A certified copy of the court's order shall be filed in the office of the county clerk.

(d)

In addition to paying any damages to be suffered by the
affected parties having an interest in the land through which the access shall be provided, the

applicant
shall be responsible for obtaining and paying for
any
defendants, the
court
shall order the plaintiff to pay appropriate costs, which shall
include a
ny

survey,
plat
,

engineering and construction costs incurred concerning the location and construction of the
road
.

(f)

In addition to paying other damages and costs required by this section and by W.S. 24
‑
9
‑
101, the
applicant

plaintiff
shall be responsible for paying the reasonable costs of an appraisal obtained by
an affected party

a defendant
if that appraisal was adopted in substantial part as a basis for damages and varied more than fifteen percent (15%) from the valuation determined by the viewers and appraisers appointed under W.S. 24
‑
9
‑
101(h).

24
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9
‑
104.

Water and timber ways.

Upon the presentation of a petition signed by at least five (5) freeholders of any neighborhood, praying for passage to any watercourse for the purpose of watering livestock, or for the convenient access to timber, the
board of county commissioners may, in their discretion,

district court may
establish such water or timber way as provided in W.S. 24
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9
‑
101 through
24
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9
‑
103

24
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9
‑
105
relating to the opening of private roads.

Section
3
.

W.S. 24
‑
9
‑
101
(g)
, (k)
and
(m)

and 24
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9
‑
103
(
e)

are
repealed
.

Section
4
.

Th
is act is effective July 1, 2013
.

(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