Real estate subdivisions-easement requirements.

Plain English Breakdown

The official summary does not provide specific details on how county commissioners should assess whether an easement is adequate for public safety and health.

Changes to Easement Requirements for Real Estate Subdivisions

This law changes the minimum width of easements required for utilities and other services in real estate subdivisions, allowing county commissioners more discretion.

What This Bill Does

• Removes the requirement that all easements must be at least twenty feet wide if a subdivider can demonstrate to the board's satisfaction that narrower easements are adequate for public safety and health and provide access for maintenance of facilities.
• Requires subdividers to show that any accepted narrow easement provides adequate access for maintenance of facilities.
• Keeps other requirements, such as a sixty-foot minimum access roadway right-of-way.

Who It Names or Affects

• Subdividers who want to use adjoining property for utilities and services.
• Boards of county commissioners reviewing subdivision applications.

Terms To Know

Easement

A legal agreement that allows someone to use another person's land for a specific purpose, like laying utility lines.

Subdivider

The person or company who divides a large piece of land into smaller lots or units.

Limits and Unknowns

• Does not specify how county commissioners should decide if an easement is adequate for public safety and health.
• Only applies to real estate subdivisions in Wyoming, USA.

Official Summary Text

Bill Summary - 21LSO-0656
Bill No.:

SF0126

Effective:

7/1/2021 12:00:00 AM

LSO No.:

21LSO-0656

Enrolled Act No.:

SEA No. 0052

Chapter No.:

130

Prime Sponsor:

Cooper

Catch Title:

Real estate subdivisions-easement requirements.

Subject:

Amending application requirements for easements for real estate subdivisions.

Summary/Major Elements:

Current law requires a person seeking to subdivide land and who proposes to utilize adjoining property for sewers, drainage, power lines or other utilities to provide copies of binding easements of not less than twenty (20) feet in width for those services.

This act amends that requirement to provide that a board of county commissioners has discretion to accept copies of binding easements of a width less than twenty (20) feet if the subdivider demonstrates to the board's satisfaction that the easement is adequate to protect the safety and health of the public.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

21LSO-0656

ORIGINAL Senate

File No
.
SF0126

ENROLLED ACT NO. 52,

SENATE

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

AN ACT relating to planning and zoning; amending minimum requirements for easements for real estate subdivisions as specified; and providing for an effective date.

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

Section 1
.

W.S. 18
‑
5
‑
306(a)(v) is amended to read:

18
‑
5
‑
306.

Minimum requirements for subdivision permits.

(a)

The board shall require, and with respect to paragraph (xii) of this subsection may require, the following information to be submitted with each application for a subdivision permit, provided the board may by rule exempt from any of the following requirements of this subsection or subsection (c) of this section and may exempt from paragraph (xii) of this subsection the subdivision of one (1) or more units of land into not more than a total of five (5) units of land:

(v)

If the subdivider proposes to utilize adjoining property for sewers, drainage, sewer lines, power lines or other utilities, the subdivider shall provide
:

(A)

C
opies of binding easements of not less than twenty (20) feet in width for the proposed facilities from each property owner over whose land such services shall extend
,

and shall provide
except that the board may accept copies of binding easements of a width less than twenty (20) feet if the subdivider demonstrates to the board's satisfaction that the easement is adequate to protect the safety and health of the public and provides adequate access for the maintenance of the facilities;

(B)

A
minimum access roadway right
‑
of
‑
way of sixty (60) feet to the subdivision for all public ways
.
;

Section 2
.

This act is effective July 1, 2021
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1