§ 23-1-901 — Owner of damaged property to report damage; claims for damages; time for filing; determination; appeal; arbitration

Wyoming § 23-1-901

• Jurisdiction: Wyoming
• Title 23: Game and Fish
• Ch. 1: ADMINISTRATION
• Art. 9: DAMAGE CAUSED BY GAME ANIMALS OR GAME BIRDS

Text

(a) Any landowner, lessee or agent whose property is being
damaged by any of the big or trophy game animals or game birds
of this state shall, not later than fifteen (15) days after the
damage is discovered by the owner of the property or the
representative of the owner, report the damage to the nearest
game warden, damage control warden, supervisor or commission
member.
(b) Any landowner, lessee or agent claiming damages from
the state for injury or destruction of property by big or trophy
game animals or game birds of this state shall present a
verified claim for the damages to the Wyoming game and fish
department not later than sixty (60) days after the damage or
last item of damage is discovered. The claim shall specify the
damage and amount claimed. As used in this subsection,
"verified claim" means a claim which the claimant has signed and
sworn to be accurate before a person authorized to administer
oaths.
(c) The department shall consider the claims based upon a
description of the livestock or bees damaged or killed by a
trophy game animal, the damaged land, growing cultivated crops,
stored crops including honey and hives, seed crops, improvements
and extraordinary damage to grass. The commission is authorized
to establish by rule, methods, factors and formulas to be used
for determining the amount to compensate any landowner, lessee
or agent for livestock damaged as a result of, missing as a
result of, or killed by trophy game animals. Claims shall be
investigated by the department and rejected or allowed within
ninety (90) days after submission, and paid in the amount
determined to be due. In the event the department fails to act
within ninety (90) days, the claim, including interest based on
local bank preferred rates, shall be deemed to have been
allowed. No award shall be allowed to any landowner who has not
permitted hunting on his property during authorized hunting
seasons. Any person failing to comply with any provision of this
section is barred from making any claim against the department
for damages. Any claimant aggrieved by the decision of the
department may appeal to the commission within thirty (30) days
after receipt of the decision of the department as provided by
rules of practice and procedure promulgated by the commission.
The commission shall review the department decision at its next
meeting following receipt of notice of request for review. The
commission shall review the investigative report of the
department, and it may approve, modify or reverse the decision
of the department.
(d) Within ninety (90) days after receiving notice of the
decision of the commission, the claimant may in writing to the
department call for arbitration. Within fifteen (15) days after
the department receives the call for arbitration, the claimant
and the department shall each appoint a disinterested arbitrator
who is an elector residing in the county where the damage
occurred and notify each other of the appointment. Within twenty
(20) days after their appointment, the two (2) arbitrators shall
appoint a third arbitrator possessing the same qualifications.
If the third arbitrator is not appointed within the time
prescribed, the judge of the district court of the county or the
court commissioner in the absence of the judge shall appoint the
third arbitrator upon the application of either arbitrator.
(e) At least twenty (20) days before the hearing, the
board of arbitrators shall provide the claimant and department
notice of the time and place in the county when and where the
parties will be heard and the claim investigated and decided by
the board. A written copy of the decision shall be promptly
served upon each party. Within ten (10) days after receipt of
the decision, either party may apply to the board for
modification of the decision under W.S. 1-36-111. Either party
may apply to the district court for vacation of a decision under
W.S. 1-36-114(a) or correction or modification of a decision
under W.S. 1-36-115 within thirty (30) days after receipt of the
decision or within twenty (20) days after action by the board on
an application for modification under W.S. 1-36-111.
(f) If no applications under subsection (e) of this
section are made after receipt of the decision, the commission
shall promptly pay the amount, if any, including interest based
on local bank preferred rates, awarded by the board. Within
thirty (30) days after the award is final, the board's
reasonable service and expense charges shall be paid by:
(i) The claimant if the award is no greater than the
amount originally authorized by the commission;
(ii) Otherwise, the commission.
(g) For purposes of this section, eligibility for damage
compensation shall include gray wolves located in:
(i) The area described in W.S. 23-1-101(a)(xii)(B)(I)
or (II) regardless of the date on which the damage occurs;
(ii) Subject to subsection (h) of this section, an
area of land designated by the commission in rule which is
adjacent to the area described in W.S. 23-1-101(a)(xii)(B)(I) or
(II) regardless of the date on which the damage occurs.
(h) The commission shall establish in rule a process for
persons to request that an area of land adjacent to the area
described in W.S. 23-1-101(a)(xii)(B)(I) or (II) be designated
as an area where property owners are eligible for damage
compensation for damage caused by gray wolves. The rules shall
provide that:
(i) The adjacent area of land is outside the area
described in W.S. 23-1-101(a)(xii)(B)(I) or (II);
(ii) The adjacent area of land is part of a
contiguous tract of land a portion of which is currently located
within the boundaries described in W.S. 23-1-101(a)(xii)(B)(I)
or (II);
(iii) The adjacent area of land is privately owned;
(iv) The private landowner of the adjacent area of
land consents to the designation;
(v) The designation of the adjacent area of land
shall not subtract from or diminish the area described in W.S.
23-1-101(a)(xii)(B)(I) or (II).