§ 24-1-101 — Public highways defined and established; creation by adverse possession

Wyoming § 24-1-101

• Jurisdiction: Wyoming
• Title 24: Highways
• Ch. 1: GENERAL PROVISIONS

Text

(a) On and after January 1, 1924, all roads within this
state shall be highways, which have been or may be declared by
law to be state or county highways. It shall be the duty of the
several boards of county commissioners, within their respective
counties, prior to said date, to determine what, if any, such
roads now or heretofore traveled but not heretofore officially
established and recorded, are necessary or important for the
public use as permanent roads, and to cause such roads to be
recorded, or if need be laid out, established and recorded, and
all roads recorded as aforesaid, shall be highways. No other
roads, except roads located on federal public lands prior to
October, 1976 which provide access for a private residence or
agricultural operation shall be highways upon acceptance by the
board of county commissioners of the county where the road is
located, shall be highways unless and until lawfully established
as such by official authority. Except, nothing contained herein
shall be construed as preventing the creation or establishment
of a public highway right-of-way with reference to state and
county highways under the common-law doctrines of adverse
possession or prescription either prior to or subsequent to the
enactment hereof. If any such board shall resolve the creation
or establishment of a public highway right-of-way based upon the
common-law doctrines of adverse possession or prescription, it
shall, following the filing of a plat and accurate survey
required in accordance with the terms and provisions of W.S.
24-3-109, proceed with the publication of the proposed road for
three (3) successive weeks in three (3) successive issues of
some official newspaper published in the county, if any such
there be, and if no newspaper be published therein, such notice
shall be posted in at least three (3) public places along the
line of the proposed road, which notice shall be exclusive of
all other notices and may be in the following form:
To all whom it may concern: The board of county commissioners of
.... county has resolved the creation and establishment of a
public highway right-of-way under the common-law doctrine of
prescription in that the road was constructed or substantially
maintained by the (either the state or county) for general
public use for a period of (ten years or longer) said road
commencing at .... in .... county, Wyoming, running thence (here
describe in general terms the points and courses thereof), and
terminating at ....
All objections thereto must be filed in writing with the county
clerk of said county before noon on the .... day of .... A.D.,
...., or such road will be established without reference to such
objections.
.... County Clerk
Dated .... A.D.
(b) The county commissioners shall cause a copy of the
above notice to be mailed by registered or certified mail to all
persons owning lands or claiming any interest in any lands over
or across which the road is proposed to be created or
established. The publication, posting and mailings of such
notice shall be a legal and sufficient notice to all persons
owning lands or claiming any interest in lands over which the
proposed road is to be created or established. No viewers or
appraisers shall be appointed, nor shall any damage claims be
considered or heard, and the sole objections to be heard by the
board shall be directed against the creation or establishment of
such right-of-way under the common-law doctrines of adverse
possession or prescription. Any objector may appeal from the
final decision of the board of the county commissioners to the
district court of the county in which the land is situated.
Notice of such appeal must be made to the county clerk within
thirty (30) days after such decision has been made by the board,
or such claim shall be deemed to have been abandoned. Within ten
(10) days after the notice of an appeal is filed in his office,
the county clerk shall make out and file in the office of the
clerk of the district court, in his county, a transcript of the
papers on file in his office, and the proceedings of the board
in relation to such creation and establishment. The proceedings
on appeal shall be governed by the Wyoming Administrative
Procedure Act. If the appeal is upheld the appellant shall be
reimbursed by the county for all reasonable costs of asserting
his claim.
(c) Only that portion of the state highways actually used,
travelled or fenced, which has been used by the general public
for a period of ten (10) years or longer, either prior to or
subsequent to the enactment hereof, shall be presumed to be
public highways lawfully established as such by official
authority and unavailability of records to show such to have
been lawfully established shall not rebut this presumption.
(d) Only that portion of county highways, not to exceed
sixty-six (66) feet in width, which was actually constructed or
substantially maintained by the county and travelled and used by
the general public for a period of ten (10) years or longer,
either prior to or subsequent to the enactment hereof, shall be
presumed to be public highways lawfully established as such by
official authority.