Access to public land.

2015
STATE OF WYOMING
15LSO-0301
Numbered
2.1

HOUSE BILL

NO.

HB0165

Access to public land.

Sponsored by:
Representative(s) Blackburn, Gay, Halverson, Jennings and Lindholm and Senator(s) Scott

A BILL

for

AN ACT relating to public lands; providing for acquisition of access easements across private lands adjoining public lands as specified; 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
‑
1
‑
122 is created to read:

36
‑
1
‑
122
.

Public access easements; acquisition; specifications; valuation.

(a)

The board of land commissioners may acquire, as provided in this section, public access easements
or right
‑
of
‑
way
s

across private lands

at
the geographic point
where p
arcels of
private land share a common corner with
parcels
of public land
and:

(
i
)

The parcels of public land are adjacent and only share a common corner or boundary that is not sufficient in width to allow a person access from one
(1)
public parcel to the other without crossing private property;

(ii)

The physical presence of
a person on the parcels

of
public land is lawful;
and

(ii)

No
other
public access is provided from
one
(1)

parcel of public land to
the other parcel
.

(b)

Acquisition of
the
public access easements
or right
‑
of
‑
way
s
permitted under subsection (a) of this section
may be by gift, donation, lease,

license
or
purchase
d
.

(
c
)

Except as provided in this subsection
,
a public access easement
or right
‑
of
‑
way
acquired under subsection (a) of this section shall be limited to the privately owned
portion of a square, the midpoint of whose sides are
not more than
four (4
) feet from the corner where the public lands and the private lands abut.
A larger easement may be acquired
if, as determined by the board of land commissioners:

(
i
)

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

(ii)

Terrain features require a larger easement area
.

(
d
)

When a public access easement
or right
‑
of
‑
way
has been acquired

pursuant to this section, the
office of state lands and investments
shall
identify or mark the easement
or right
‑
of
‑
way
as follows
:

(
i
)

If there is a fence that
passes
through or
obstructs
the public access easement
or right
‑
of
‑
way
, a gate or other opening
shall
be installed
, at the expense of the
state
,
within the easement to facilitate public access. The gate shall

be large enough to allow passage of a person mounted on a horse and shall be
constructed
in a manner
which allows
a person of
average
strength
to
open the gate without difficulty;

(ii)

If
there is no fence passing through a public access easement
or right
‑
of
‑
way
obtained pursuant to this section, there shall be two
(2)
posts or other visible markers placed
,
at the expense of the office of state lands and investments
, which identify
the location and boundary of the easement
or right
‑
of
‑
way.

(
e
)

The
office of state lands and investments
shall p
ublish a list of the locations of all access easements
or right
‑
of
‑
ways
acquired under this section.

(
f
)

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
.

This act is effective July 1, 2015
.

(END)

1
HB0165