Wyoming 2025 2025 Regular Session

Wyoming House Bill HB0219 Engrossed / Bill

Filed 02/10/2025

                    2025
STATE OF WYOMING
25LSO-0372
ENGROSSED
1HB0219
HOUSE BILL NO. HB0219
County and municipal roads on state lands-easements 
granted.
Sponsored by: Representative(s) Locke, Banks, Brown, G, 
Brown, L, Campbell, K, Eklund, Johnson, 
Knapp, Lien, Riggins, Strock, Styvar and 
Wharff and Senator(s) Ide
A BILL
for
1 AN ACT relating to state lands; providing a perpetual 
2 easement over state and school lands for county and 
3 municipal roads; specifying requirements for easements; 
4 specifying duties for the board of land commissioners and 
5 the office of state lands and investments; making 
6 conforming amendments; providing legislative findings; 
7 requiring rulemaking; and providing for an effective date.
8
9
10
11W.S. 36-9-121 is created to read:
12
13
14 2025STATE OF WYOMING25LSO-0372
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2HB02191
2 (a)  As used in this section:
3
4 (i)  "County road" means a road that is 
5 established pursuant to W.S. 24-3-101 through 24-3-127, 
6 identified pursuant to W.S. 24-3-201 through 24-3-206 or a 
7 road for which the county is responsible for improvements 
8 and maintenance as designated by resolution of a board of 
9 county commissioners;
10
11 (ii)  "Municipal road" means a road that is 
12 established by a city or town and for which the city or 
13 town is responsible for improvements and maintenance.
14
15 (b)  Subject to subsection (h) of this section, a 
16 perpetual easement for a right-of-way over and across any 
17 state or school lands is hereby granted for county roads 
18 and municipal roads that go over and across any state or 
19 school lands and that were established before January 1, 
20 2025. 
21
22 (c)  No fee, charge, assessment or other cost shall be 
23 imposed on any county, city or user of a municipal road or  2025STATE OF WYOMING25LSO-0372
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1 county road for the perpetual easement granted under 
2 subsection (b) of this section.
3
4 (d)  Not later than August 1, 2025, the director shall 
5 provide to the board a listing of all county and municipal 
6 roads that go on or across state lands or school lands and 
7 all documents necessary for establishing or securing the 
8 easements granted in subsection (b) of this section. The 
9 director may request any documentation from counties, 
10 cities and towns as necessary to secure the easements, 
11 provided that the board shall be responsible for all costs 
12 associated with the documentation required under this 
13 subsection.
14
15 (e)  Not later than October 31, 2025:
16
17 (i)  The board shall promulgate or amend rules as 
18 necessary to provide for the easements granted in 
19 subsection (b) of this section;
20
21 (ii)  The director, in consultation with the 
22 board, shall provide a list of all county roads and 
23 municipal roads for which the easements were granted under  2025STATE OF WYOMING25LSO-0372
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1 subsection (b) of this section to all counties, cities and 
2 towns.
3
4 (f)  Not later than April 1, 2030, each county, city 
5 and town that has a county road or municipal road for which 
6 an easement has been granted under subsection (b) of this 
7 section shall provide complete and proper documentation to 
8 the director and the board as necessary to secure the 
9 easement for the county or municipal road.
10
11 (g)  Not later than ninety (90) days after receiving 
12 all necessary documentation to effectuate an easement under 
13 subsection (f) of this section, the board shall provide 
14 proper evidence of the easement granted under this section. 
15 The board shall be responsible for recording or filing with 
16 the county clerk all documents necessary to demonstrate the 
17 granting of the easement under this section.
18
19 (h)  All county roads and municipal roads constructed 
20 or established on and after January 1, 2025 shall secure 
21 easements or rights-of-way for roads going on and across 
22 state or school lands in accordance with law and rules of 
23 the board. Nothing in this section shall be construed to  2025STATE OF WYOMING25LSO-0372
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1 grant an automatic easement for county roads and municipal 
2 roads constructed or established on and after January 1, 
3 2025.
4
5.  W.S. 36-1-101(a)(viii) is amended to read:
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7
8
9 (a)  Unless the context indicates otherwise, as used 
10 in this act:
11
12 (viii)  "This act" means W.S. 36-1-101 through 
13 36-3-111, 36-5-101 through 36-7-510 and 36-9-101 through 
1436-9-121.
15
16The board of land commissioners shall 
17 promulgate all rules necessary to implement this act.
18 2025STATE OF WYOMING25LSO-0372
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6HB02191.  This act is effective immediately upon 
2 completion of all acts necessary for a bill to become law 
3 as provided by Article 4, Section 8 of the Wyoming 
4 Constitution.
5
6 (END)