(a)Any person whose land has no outlet to, nor connection
with a public road, may commence an action in district court in
any county in which any part of the land is located for a
private road leading from his land to some convenient public
road. The plaintiff shall join as defendants the owners of
record, owners of recorded easements and rights of way and any
lessee, mortgagee or occupant of the land over which any
proposed road would cross. The complaint shall contain a short
and plain statement of:
(i)The legal description of the land owned by the
plaintiff to which access is sought and a statement that all or
some of the land is located within the county;
(ii)A specific statement as to why the land has no
legally enforceable access, other than a waterway, and whether
the land is sur
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(a) Any person whose land has no outlet to, nor connection
with a public road, may commence an action in district court in
any county in which any part of the land is located for a
private road leading from his land to some convenient public
road. The plaintiff shall join as defendants the owners of
record, owners of recorded easements and rights of way and any
lessee, mortgagee or occupant of the land over which any
proposed road would cross. The complaint shall contain a short
and plain statement of:
(i) The legal description of the land owned by the
plaintiff to which access is sought and a statement that all or
some of the land is located within the county;
(ii) A specific statement as to why the land has no
legally enforceable access, other than a waterway, and whether
the land is surrounded on all sides by land owned by another
person or persons or a natural or man-made barrier making access
unreasonably costly;
(iii) A description of the plaintiff's efforts to
purchase a legally enforceable access to a public road;
(iv) A description sufficient to identify the general
location of any access routes proposed by the plaintiff;
(v) The legal description of all land over which any
proposed access routes would cross; and
(vi) A statement as to whether any actions of the
plaintiff or any person with the consent and knowledge of the
plaintiff, caused the plaintiff's land to lose or to not have
any legally enforceable access.
(b) The defendant's answer shall set forth the location
and description, in the manner described in paragraphs (a)(iv)
and (v) of this section, of any alternate routes proposed by the
defendant and the owners of record, owners of recorded easements
and rights of way and any lessee, mortgagee or occupant of the
land over which any proposed alternate routes would cross.
(c) The court shall give an action for a private road
precedence over other civil cases pending in court, other than
election contests, and the action shall in every way be
expedited.
(d) If the plaintiff has had access to his land and that
access is being denied or restricted, the court may grant
temporary access to the plaintiff over a route identified by the
court pending the outcome of the proceedings.
(e) The plaintiff shall join as defendants persons
identified under subsection (b) of this section or otherwise
identified by a defendant as the owners of record, owners of
recorded easements and rights of way and any lessee, mortgagee
or occupant of the land over which any proposed alternative
routes would cross.
(f) The court may require the plaintiff to file a bond to
pay for costs allowed under W.S. 24-9-103.
(g) Repealed By Laws 2013, Ch. 99, § 3.
(h) The court shall hold an initial hearing to determine
whether the plaintiff has satisfied the requirements of this
section and access is necessary because the plaintiff has no
legally enforceable access. If the court finds the requirements
of this section have been met and access is necessary, the court
shall appoint three (3) disinterested persons as viewers and
appraisers. Before entering upon their duties the viewers shall
take and subscribe to an oath that they will faithfully and
impartially perform their duties under their appointment as
viewers and appraisers. The court shall direct them to meet on a
day named in the order on the proposed road, and view and
appraise any damages, at which time and place all persons
interested may appear and be heard by the viewers. The viewers
and appraisers shall then proceed to locate and mark out a
private road and alternative routes as they deem appropriate,
provided the location of the road shall not be marked out to
cross the lands of any person not joined in the action. The
viewers and appraisers shall recommend to the court the most
reasonable and convenient route, provided that access shall be
along section and boundary lines whenever practical. The viewers
and appraisers may recommend specific conditions that the court
place on the road, including provisions for maintenance and
limitations on the amount and type of use. The proposed road
shall not exceed thirty (30) feet in width from a certain point
on the land of the plaintiff to some certain point on the public
road, and shall be located so as to do the least possible damage
to the lands through which the private road is located. The
viewers and appraisers shall also appraise any damages sustained
by the owner over which the road is to be established and make
full and true returns, with a plat of the road to the court. The
viewers and appraisers shall also determine whether or not any
gates or cattleguards should be placed at proper points on the
road, and appraise any damages in accordance with that
determination.
(j) In determining any damages to be suffered by a
defendant, the viewers and appraisers shall appraise the value
of the property affected by the road before and after the road
is in place. Damages also may include reasonable compensation
for any improvements on the lands over which any private road is
to be granted which were not paid for and will be used by the
plaintiff.
(k) Repealed By Laws 2013, Ch. 99, § 3.
(m) Repealed By Laws 2013, Ch. 99, § 3.