(a)The viewers and appraisers so appointed, or a majority
of them, shall make a report of their recommendations to the
court, and also the amount of damages, if any, appraised by
them, and the defendant entitled to such damages. Upon receiving
the report of the viewers and appraisers, the matter shall be
tried to the court without a jury. The court may accept, reject
or modify the report and recommendations. The court shall select
the most reasonable and convenient route for the access,
provided that access shall be along section and boundary lines
whenever practical. The court shall issue a final order
specifying the route, any conditions imposed by the court and
any damages and costs to be paid by the plaintiff.
(b)A party may appeal any final judgment of the district
court under this
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(a) The viewers and appraisers so appointed, or a majority
of them, shall make a report of their recommendations to the
court, and also the amount of damages, if any, appraised by
them, and the defendant entitled to such damages. Upon receiving
the report of the viewers and appraisers, the matter shall be
tried to the court without a jury. The court may accept, reject
or modify the report and recommendations. The court shall select
the most reasonable and convenient route for the access,
provided that access shall be along section and boundary lines
whenever practical. The court shall issue a final order
specifying the route, any conditions imposed by the court and
any damages and costs to be paid by the plaintiff.
(b) A party may appeal any final judgment of the district
court under this section to the supreme court.
(c) After the court has received a survey of the route and
proof of payment of any damages and costs ordered to be paid,
the court shall enter an order incorporating a legal description
of the road, a legal description of the land benefitted by the
road, declaring the road to be a private road, and citing in the
order any conditions imposed by the court. A certified copy of
the court's order shall be filed in the office of the county
clerk.
(d) In addition to paying any damages to be suffered by
the defendants, the court shall order the plaintiff to pay
appropriate costs, which shall include any survey, plat,
engineering and construction costs incurred concerning the
location and construction of the road.
(e) Repealed By Laws 2013, Ch. 99, § 3.
(f) In addition to paying other damages and costs required
by this section and by W.S. 24-9-101, the plaintiff shall be
responsible for paying the reasonable costs of an appraisal
obtained by a defendant if that appraisal was adopted in
substantial part as a basis for damages and varied more than
fifteen percent (15%) from the valuation determined by the
viewers and appraisers appointed under W.S. 24-9-101(h).