1 | | - | ORIGINAL HOUSE |
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2 | | - | BILL NO. HB0219 |
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3 | | - | ENROLLED ACT NO. 59, HOUSE OF REPRESENTATIVES |
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4 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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5 | | - | 2025 GENERAL SESSION |
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6 | | - | 1 |
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7 | | - | AN ACT relating to state lands; providing a perpetual |
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8 | | - | easement over state and school lands for county and |
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9 | | - | municipal roads; specifying requirements for easements; |
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10 | | - | specifying duties for the board of land commissioners and |
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11 | | - | the office of state lands and investments; making |
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12 | | - | conforming amendments; providing legislative findings; |
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13 | | - | requiring rulemaking; and providing for an effective date. |
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14 | | - | Be It Enacted by the Legislature of the State of Wyoming: |
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15 | | - | Section 1. W.S. 36-9-121 is created to read: |
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16 | | - | 36-9-121. County and municipal roads on state lands; |
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17 | | - | easements granted; duties. |
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18 | | - | (a) As used in this section: |
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19 | | - | (i) "County road" means a road that is |
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20 | | - | established pursuant to W.S. 24-3-101 through 24-3-127, |
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21 | | - | identified pursuant to W.S. 24-3-201 through 24-3-206 or a |
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22 | | - | road for which the county is responsible for improvements |
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23 | | - | and maintenance as designated by resolution of a board of |
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24 | | - | county commissioners; |
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25 | | - | (ii) "Municipal road" means a road that is |
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26 | | - | established by a city or town and for which the city or |
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27 | | - | town is responsible for improvements and maintenance. |
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28 | | - | (b) Subject to subsection (h) of this section, a |
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29 | | - | perpetual easement for a right-of-way over and across any |
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30 | | - | state or school lands is hereby granted for county roads |
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31 | | - | and municipal roads that go over and across any state or |
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32 | | - | school lands and that were established before January 1, |
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33 | | - | 2025. ORIGINAL HOUSE |
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34 | | - | BILL NO. HB0219 |
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35 | | - | ENROLLED ACT NO. 59, HOUSE OF REPRESENTATIVES |
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36 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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37 | | - | 2025 GENERAL SESSION |
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38 | | - | 2(c) No fee, charge, assessment or other cost shall be |
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39 | | - | imposed on any county, city or user of a municipal road or |
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40 | | - | county road for the perpetual easement granted under |
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41 | | - | subsection (b) of this section. |
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42 | | - | (d) Not later than August 1, 2025, the director shall |
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43 | | - | provide to the board a listing of all county and municipal |
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44 | | - | roads that go on or across state lands or school lands and |
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45 | | - | all documents necessary for establishing or securing the |
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46 | | - | easements granted in subsection (b) of this section. The |
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47 | | - | director may request any documentation from counties, |
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48 | | - | cities and towns as necessary to secure the easements, |
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49 | | - | provided that the board shall be responsible for all costs |
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50 | | - | associated with the documentation required under this |
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51 | | - | subsection. |
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52 | | - | (e) Not later than October 31, 2025: |
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53 | | - | (i) The board shall promulgate or amend rules as |
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54 | | - | necessary to provide for the easements granted in |
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55 | | - | subsection (b) of this section; |
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56 | | - | (ii) The director, in consultation with the |
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57 | | - | board, shall provide a list of all county roads and |
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58 | | - | municipal roads for which the easements were granted under |
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59 | | - | subsection (b) of this section to all counties, cities and |
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60 | | - | towns. |
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61 | | - | (f) Not later than April 1, 2030, each county, city |
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62 | | - | and town that has a county road or municipal road for which |
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63 | | - | an easement has been granted under subsection (b) of this |
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64 | | - | section shall provide complete and proper documentation to |
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65 | | - | the director and the board as necessary to secure the |
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66 | | - | easement for the county or municipal road. ORIGINAL HOUSE |
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67 | | - | BILL NO. HB0219 |
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68 | | - | ENROLLED ACT NO. 59, HOUSE OF REPRESENTATIVES |
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69 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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70 | | - | 2025 GENERAL SESSION |
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71 | | - | 3(g) Not later than ninety (90) days after receiving |
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72 | | - | all necessary documentation to effectuate an easement under |
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73 | | - | subsection (f) of this section, the board shall provide |
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74 | | - | proper evidence of the easement granted under this section. |
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75 | | - | The board shall be responsible for recording or filing with |
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76 | | - | the county clerk all documents necessary to demonstrate the |
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77 | | - | granting of the easement under this section. |
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78 | | - | (h) All county roads and municipal roads constructed |
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79 | | - | or established on and after January 1, 2025 shall secure |
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80 | | - | easements or rights-of-way for roads going on and across |
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81 | | - | state or school lands in accordance with law and rules of |
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82 | | - | the board. Nothing in this section shall be construed to |
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83 | | - | grant an automatic easement for county roads and municipal |
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84 | | - | roads constructed or established on and after January 1, |
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85 | | - | 2025. |
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86 | | - | Section 2. W.S. 36-1-101(a)(viii) is amended to read: |
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87 | | - | 36-1-101. Definitions. |
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88 | | - | (a) Unless the context indicates otherwise, as used |
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89 | | - | in this act: |
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90 | | - | (viii) "This act" means W.S. 36-1-101 through |
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91 | | - | 36-3-111, 36-5-101 through 36-7-510 and 36-9-101 through |
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92 | | - | 36-9-120 36-9-121 |
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93 | | - | Section 3. The board of land commissioners shall |
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94 | | - | promulgate all rules necessary to implement this act. ORIGINAL HOUSE |
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95 | | - | BILL NO. HB0219 |
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96 | | - | ENROLLED ACT NO. 59, HOUSE OF REPRESENTATIVES |
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97 | | - | SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING |
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98 | | - | 2025 GENERAL SESSION |
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99 | | - | 4Section 4. This act is effective immediately upon |
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100 | | - | completion of all acts necessary for a bill to become law |
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101 | | - | as provided by Article 4, Section 8 of the Wyoming |
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102 | | - | Constitution. |
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103 | | - | (END) |
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104 | | - | Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________ |
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105 | | - | I hereby certify that this act originated in the House. |
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106 | | - | Chief Clerk |
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| 1 | + | 2025 |
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| 2 | + | STATE OF WYOMING |
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| 3 | + | 25LSO-0372 |
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| 4 | + | ENGROSSED |
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| 5 | + | 1HB0219 |
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| 6 | + | HOUSE BILL NO. HB0219 |
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| 7 | + | County and municipal roads on state lands-easements |
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| 8 | + | granted. |
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| 9 | + | Sponsored by: Representative(s) Locke, Banks, Brown, G, |
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| 10 | + | Brown, L, Campbell, K, Eklund, Johnson, |
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| 11 | + | Knapp, Lien, Riggins, Strock, Styvar and |
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| 12 | + | Wharff and Senator(s) Ide |
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| 13 | + | A BILL |
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| 14 | + | for |
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| 15 | + | 1 AN ACT relating to state lands; providing a perpetual |
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| 16 | + | 2 easement over state and school lands for county and |
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| 17 | + | 3 municipal roads; specifying requirements for easements; |
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| 18 | + | 4 specifying duties for the board of land commissioners and |
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| 19 | + | 5 the office of state lands and investments; making |
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| 20 | + | 6 conforming amendments; providing legislative findings; |
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| 21 | + | 7 requiring rulemaking; and providing for an effective date. |
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| 22 | + | 8 |
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| 23 | + | 9 |
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| 24 | + | 10 |
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| 25 | + | 11W.S. 36-9-121 is created to read: |
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| 26 | + | 12 |
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| 27 | + | 13 |
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| 28 | + | 14 2025STATE OF WYOMING25LSO-0372 |
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| 29 | + | ENGROSSED |
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| 30 | + | 2HB02191 |
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| 31 | + | 2 (a) As used in this section: |
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| 32 | + | 3 |
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| 33 | + | 4 (i) "County road" means a road that is |
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| 34 | + | 5 established pursuant to W.S. 24-3-101 through 24-3-127, |
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| 35 | + | 6 identified pursuant to W.S. 24-3-201 through 24-3-206 or a |
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| 36 | + | 7 road for which the county is responsible for improvements |
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| 37 | + | 8 and maintenance as designated by resolution of a board of |
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| 38 | + | 9 county commissioners; |
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| 39 | + | 10 |
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| 40 | + | 11 (ii) "Municipal road" means a road that is |
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| 41 | + | 12 established by a city or town and for which the city or |
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| 42 | + | 13 town is responsible for improvements and maintenance. |
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| 43 | + | 14 |
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| 44 | + | 15 (b) Subject to subsection (h) of this section, a |
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| 45 | + | 16 perpetual easement for a right-of-way over and across any |
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| 46 | + | 17 state or school lands is hereby granted for county roads |
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| 47 | + | 18 and municipal roads that go over and across any state or |
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| 48 | + | 19 school lands and that were established before January 1, |
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| 49 | + | 20 2025. |
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| 50 | + | 21 |
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| 51 | + | 22 (c) No fee, charge, assessment or other cost shall be |
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| 52 | + | 23 imposed on any county, city or user of a municipal road or 2025STATE OF WYOMING25LSO-0372 |
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| 53 | + | ENGROSSED |
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| 54 | + | 3HB0219 |
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| 55 | + | 1 county road for the perpetual easement granted under |
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| 56 | + | 2 subsection (b) of this section. |
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| 57 | + | 3 |
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| 58 | + | 4 (d) Not later than August 1, 2025, the director shall |
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| 59 | + | 5 provide to the board a listing of all county and municipal |
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| 60 | + | 6 roads that go on or across state lands or school lands and |
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| 61 | + | 7 all documents necessary for establishing or securing the |
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| 62 | + | 8 easements granted in subsection (b) of this section. The |
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| 63 | + | 9 director may request any documentation from counties, |
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| 64 | + | 10 cities and towns as necessary to secure the easements, |
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| 65 | + | 11 provided that the board shall be responsible for all costs |
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| 66 | + | 12 associated with the documentation required under this |
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| 67 | + | 13 subsection. |
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| 68 | + | 14 |
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| 69 | + | 15 (e) Not later than October 31, 2025: |
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| 70 | + | 16 |
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| 71 | + | 17 (i) The board shall promulgate or amend rules as |
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| 72 | + | 18 necessary to provide for the easements granted in |
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| 73 | + | 19 subsection (b) of this section; |
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| 74 | + | 20 |
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| 75 | + | 21 (ii) The director, in consultation with the |
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| 76 | + | 22 board, shall provide a list of all county roads and |
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| 77 | + | 23 municipal roads for which the easements were granted under 2025STATE OF WYOMING25LSO-0372 |
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| 78 | + | ENGROSSED |
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| 79 | + | 4HB0219 |
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| 80 | + | 1 subsection (b) of this section to all counties, cities and |
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| 81 | + | 2 towns. |
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| 82 | + | 3 |
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| 83 | + | 4 (f) Not later than April 1, 2030, each county, city |
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| 84 | + | 5 and town that has a county road or municipal road for which |
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| 85 | + | 6 an easement has been granted under subsection (b) of this |
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| 86 | + | 7 section shall provide complete and proper documentation to |
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| 87 | + | 8 the director and the board as necessary to secure the |
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| 88 | + | 9 easement for the county or municipal road. |
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| 89 | + | 10 |
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| 90 | + | 11 (g) Not later than ninety (90) days after receiving |
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| 91 | + | 12 all necessary documentation to effectuate an easement under |
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| 92 | + | 13 subsection (f) of this section, the board shall provide |
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| 93 | + | 14 proper evidence of the easement granted under this section. |
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| 94 | + | 15 The board shall be responsible for recording or filing with |
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| 95 | + | 16 the county clerk all documents necessary to demonstrate the |
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| 96 | + | 17 granting of the easement under this section. |
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| 97 | + | 18 |
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| 98 | + | 19 (h) All county roads and municipal roads constructed |
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| 99 | + | 20 or established on and after January 1, 2025 shall secure |
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| 100 | + | 21 easements or rights-of-way for roads going on and across |
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| 101 | + | 22 state or school lands in accordance with law and rules of |
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| 102 | + | 23 the board. Nothing in this section shall be construed to 2025STATE OF WYOMING25LSO-0372 |
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| 103 | + | ENGROSSED |
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| 104 | + | 5HB0219 |
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| 105 | + | 1 grant an automatic easement for county roads and municipal |
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| 106 | + | 2 roads constructed or established on and after January 1, |
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| 107 | + | 3 2025. |
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| 108 | + | 4 |
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| 109 | + | 5. W.S. 36-1-101(a)(viii) is amended to read: |
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| 110 | + | 6 |
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| 111 | + | 7 |
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| 112 | + | 8 |
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| 113 | + | 9 (a) Unless the context indicates otherwise, as used |
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| 114 | + | 10 in this act: |
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| 115 | + | 11 |
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| 116 | + | 12 (viii) "This act" means W.S. 36-1-101 through |
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| 117 | + | 13 36-3-111, 36-5-101 through 36-7-510 and 36-9-101 through |
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| 118 | + | 1436-9-121. |
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| 119 | + | 15 |
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| 120 | + | 16The board of land commissioners shall |
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| 121 | + | 17 promulgate all rules necessary to implement this act. |
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| 122 | + | 18 2025STATE OF WYOMING25LSO-0372 |
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| 123 | + | ENGROSSED |
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| 124 | + | 6HB02191. This act is effective immediately upon |
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| 125 | + | 2 completion of all acts necessary for a bill to become law |
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| 126 | + | 3 as provided by Article 4, Section 8 of the Wyoming |
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| 127 | + | 4 Constitution. |
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| 128 | + | 5 |
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| 129 | + | 6 (END) |
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