§ 24-3-126 — Abandonment of portion of highway upon reconstruction or relocation of existing highway; relinquishment to county or city in lieu of abandonment

Wyoming § 24-3-126

• Jurisdiction: Wyoming
• Title 24: Highways
• Ch. 3: ESTABLISHMENT, VACATION OR ALTERATION OF
• Art. 1: IN GENERAL

Text

(a) The transportation commission may abandon or
relinquish any portion of state highways upon the reconstruction
or relocation of any portion of an existing state highway.
(b) Prior to abandonment of any portion of a state
highway, the transportation commission shall offer the highway
to the governing body of any county or city in which the highway
is located. Upon being notified of the transportation
commission's intent to abandon any portion of a state highway,
the governing body of the county or city shall comply with the
procedures provided for in paragraph (c)(ii) of this section in
order to initiate transfer of the state highway.
(c) The abandonment or relinquishment of any portion of
state highways shall be conclusively evidenced by the resolution
entered in the minute record of the commission. A certified copy
of the resolution shall be recorded by the secretary of the
transportation commission in the office of the county clerk of
any county in which abandoned or relinquished highway
right-of-way is located. Abandonment or relinquishment shall not
affect the rights of corporations or their successors in
interest acquired under the provisions of W.S. 1-26-813 to
continue the operation and maintenance of transmission and
distribution lines constructed upon the right-of-way and shall
not affect the rights of any corporation or successors in
interest to continue to maintain any facility lawfully in the
highway right-of-way at the time of any abandonment or
relinquishment. Corporations shall have the right to go upon
these lands for the purposes associated with maintenance or use
of their facility. Specific rules regarding relinquishment and
abandonment are:
(i) Upon the entry of the resolution of abandonment
in the minute record of the commission, all title and interest,
except as herein provided, to the highway right-of-way shall
pass to and vest in the present adjacent landowner according to
the portion contributed by adjacent landowner or his predecessor
in interest;
(ii) Instead of abandonment, the transportation
commission may, upon written request, relinquish to any county
or city any portion of a state highway within the county or city
proposed to be removed from the state highway system. The
request shall be in the form of a resolution adopted by the
governing body of the county or city, indicating that the
portion of the state highway sought by the governing body will
be used for a local public purpose enumerated in the resolution
and expressing the agreement of the county or city to assume all
responsibility with regard thereto. Relinquishment by the
transportation commission shall be by entry of the resolution of
relinquishment in the minute record of the commission and by
quitclaim deed effective upon recordation in the office of the
county clerk and recorder of any county in which the real
property is located.