Wyo. Code R. 060-0002-3
Land Commissioners, Board of
Chapter 3: Easements
Effective Date: 04/28/1993 to 05/12/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 060.0002.3.04281993
Date Filed 04/28/93
Expr Date
Supr Date
Repeal Date
Document Type RULES
BOARD OF LAND COMMISSIONERS
Section 1. Authority. This chapter is promulgated under authority of W.S. 36-2-107, and W.S. 36-9-118.
Section 2. Definitions. As used in this chapter:
Section 3. Uses on Easements. The Board may grant easements for the following uses of state land:
(1) Any other appropriate use
(a) Width. Easements should be limited to the narrowest possible width. Applicants have the burden of justifying the width requested in the application.
(b) Duration. The Board may grant easements in perpetuity or for any term of years.
(a) Surface damage payments. If the proposed use will result in damage to the surface of the land or improvements thereon, a damage payment agreement shall be negotiated prior to entry by the applicant on the state land, provided that any payment is consistent with payments for damages to adjacent lands. If there is a surface lessee of the state land, negotiations shall be pursuant to Chapter IV, Section 13 or Chapter V, Section 13, of these rules. If there is not a surface lessee, negotiation shall be directly with the office.
(b) Reclamation. Upon completion of construction, all state land disturbed by the applicant shall be restored to a condition and forage density reasonably similar to its original condition and forage density, consistent with the use of the easement. Upon abandonment or relinquishment of an easement, the applicant shall remove or stabilize, in the Board's discretion, any facilities placed on the land and restore all disturbed land.
(a) Market value. No easement shall be granted for less than its market value.
(b) Minimum. Notwithstanding subsection (a) of this section, the minimum consideration for any easement shall be $100.
(c) Notwithstanding subsections (a) and (b) of this section, for roadway easements granted to the Wyoming Department of Transportation or any Wyoming county or municipality, the consideration for any portion of an easement that is congruent with an existing state highway, county road, or municipal street or road that was validly established prior to 1974 shall be $10 per acre.
(d) Timing. Except in special circumstances, the office shall not determine the market value of the easement until after the owners of private lands, if any, along the right-of-way, have agreed with the applicant on the amount of consideration for the right-of-way on their private lands.
(a) Applications. Persons desiring to acquire an easement on state land as provided in this chapter shall submit to the office a completed application form along with the filing fee set in W.S. 36-3-110.
(b) Lessee notification. Upon receipt of a completed application for an easement, the office shall notify the surface lessee, if any, of the state land involved. The lessee shall have 15 days from date of the notice to comment in writing to the office concerning the application and to report any damage payment agreement that has been reached with the applicant under the provisions of subsection 5(a) of this chapter. If no damage payment agreement has been reached within the time period above, the office shall establish the terms for damage payment.
(c) Consideration deposit. Within 15 days of receipt of a completed application, the office shall provide the applicant with an estimate of the consideration required for the easement in accordance with the provisions of section 6 of this chapter. The applicant shall remit to the office a deposit of 15% of the estimated consideration. Applicants who are governmental entities shall be exempt from this requirement.
(d) Preliminary Approval. The office shall preliminarily approve or disapprove the application no less than 20 days, nor more than 30 days, after receipt of a completed application. The Director may act in less than 20 days if the lessee response provided for under subsection (b) of this section is received in less than 15 days. However, in no case shall the Director preliminarily approve the application unless the consideration deposit required under subsection (c) of this section has been received.
(e) Effect of Preliminary Approval. Upon preliminary approval of the application, the applicant may commence construction or use within the boundaries of the proposed easement. However, the applicant bears the risk that the Board may ultimately disapprove the application.
(f) Final Approval. The Board shall approve or disapprove the application at its next regular meeting following the Director's action under subsection (d) of this section. If the application is disapproved and no construction or use has occurred, the consideration deposit and any related damage payment collected by the office shall be returned to the applicant.
(g) Post-construction report. After construction within the easement corridor is complete, the applicant shall submit a completed post-construction report, including an 'as-built' survey of the easement and a narrative legal description, to the office.
(h) Issuance of easement. After receipt of the post-construction report and the balance of the consideration due, the Board shall issue the easement instrument.
Section 8. Encroachment on Existing Easements. Applicants shall be responsible for determining whether or not the proposed easement would spatially encroach upon any existing easement on state lands and for implementing any necessary measures to prevent or mitigate impacts on existing easements.
Section 9. Standards for Construction of Easements. All construction on easements on state land shall comply with generally accepted industry standards.
Section 10. Construction Activity Outside Easements. If it is necessary to use state land outside the easement boundary for the purposes of constructing or maintaining a facility on an easement or proposed easement, a temporary use permit shall be secured under the provisions of Chapter XIV of these rules.
Section 11. Transfers of Easements. Easements are freely transferable, however, no transfer may increase the burden on the servient estate. Any transfer of a state land easement, or change of name or mailing address of the easement owner, shall be reported to the office within 30 days of the transfer.
(a) Every ten years from the date of the original grant, the current owner of an easement on state land shall report to the office the status of the easement on a form which shall be mailed by the office to the owner of record at least ninety days prior to the reporting date.
(b) Failure to submit a status report as required in subsection (a) of this subsection shall be evidence of intent by the owner to abandon the easement.
Section 13. Survey Plats. The Board shall not accept any plat locating an easement on state lands unless the plat complies with the requirements of W.S. 33-29-139 (a) and is of a size described by W.S. 33-29-139 (a) (i) or (ii).