§ 24-3-118 — Hearing before county commissioners; determination and payment of damages; entry on land; abandonment prohibited; records; surveys

Wyoming § 24-3-118

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

Text

(a) At the next meeting of the county commissioners after
the report of the appraisers has been filed, or as soon
thereafter as may be practicable, the said board may hear
testimony and consider petitions for and remonstrances against
the establishment or alteration, as the case may be of any road,
or may establish or alter any road or may refuse so to do, as in
the judgment of the said board, the public good may require, but
in case there shall be no claim for damages filed, they shall
act as speedily as possible in the matter. Said board may
increase or diminish the damages allowed by the appraisers, and
may make such establishment or alteration of any road, dependent
or conditioned upon the payment, in whole or in part, of the
damages awarded or expenses incurred in relation thereto by the
petitioners for such road or such alteration of any road.
(b) The amount of damages awarded, if any, shall
immediately be paid to the person or persons entitled thereto or
deposited with the county clerk for delivery to such person or
persons, which payment shall be without prejudice to the right
of such person or persons to appeal to the district court as
provided by law.
(c) When the road has been established and the award has
been paid by the board of county commissioners or by the
department of transportation, to the person or persons entitled,
or deposited with the county clerk, the highway authorities and
their contractors and employees may take possession and exercise
full control of the land within the right-of-way of the road so
established.
(d) After the county or the department of transportation
has taken possession of the right-of-way, there shall be no
abandonment of the establishing of the highway, and in the event
of an appeal by an owner of real estate affected to the district
court from the award finally made by the board of county
commissioners, the board shall pay the amount finally determined
to be due.
(e) A certificate, authorized by the board of county
commissioners and signed by its chairman, setting forth the
legal description of the property taken shall be recorded in the
office of the county clerk, and indexed in like manner and with
like effect as if it were a conveyance of the easement or
right-of-way from said owners to the county.
(f) If, upon considering and acting upon the report of the
viewers or otherwise, the board of county commissioners shall
decide to lay out or alter any road, they shall cause the county
surveyor to make an accurate survey thereof, if such survey is
necessary, and to plat the same in books to be provided by the
county for such purpose, and the county clerk shall record in
the same books opposite or near to such plat so that the same
may be easily ascertained to be concerning the platted road, the
proceeding of the said board in relation to the location,
establishment or alteration of said road, in order to keep in a
separate book a record of all the county roads of that county.