045-2 Wyo. Code R. § 2-7

Current through April 27, 2019
Section 2-7 - Wyoming Statutes

(a) Wyoming Constitution

Article 3: Legislative Department

Section 27: Special and Local Laws Prohibited

(b) Title 1: Code of Civil Procedures

Chapter 26: Eminent Domain (all)

Section 1 - 26 - 813: Right-of-way along public ways granted; Permission necessary for new lines; Granted right for public utilities

Section 1 - 26 - 505: Condemnation of property devoted to public use; Agreement is mandatory to determine the conditions and extent of the use by each party

Section 1-26-516: Inverse Condemnation

(c) Title 6: Code of Civil Procedures

Chapter 3: Offenses Against Property

Article 2: Property Destruction and Defacement

Section: 6-3-201; Property Destruction and Defacement

Paragraph (a): A person is guilty of property destruction and defacement if he knowingly defaces, injures or destroys property of another without the owners consent.

(Utility companies, sign companies, etc., maintaining facilities located inside or outside of highway right-of-way and thereby causing ruts, erosion, destruction of ditch flow lines, road shoulders, etc., without repairing such damage.)

(d) Title 15: Cities and Towns

Chapter 7: Public Improvements

Article 2: Electric Current

Section 15-7-204 General Powers

Paragraph (a): Any city or town may:

  • (ii) Construct an electric transmission line or electric power line upon and over all public roads and state highways if it does not interfere with the public in the use of the public roads and state highways.

(e) Title 16: City, County, State and Local Powers

Chapter 6: Public Property

Article 1: Public Works and Contracts

Section 16-6-108: Governing of Federal Funds by Federal Law.

The operation of this act (W.S. W.S. W.S. 16-6-101 through 16-6-118 ) upon the letting of any public works contract above mentioned, in connection with which funds are granted or advanced by the United States of America, shall be subject to the effect, if any, of related laws of the United States and valid rules and regulations of federal agencies in charge, governing use and payment of the federal funds.

(f) Title 18: Counties

Chapter 12: Improvement and Service Districts

Summaiy of Content:

  • (i) May be formed in any unincorporated territory in this State
  • (ii) May acquire, construct, operate and maintain improvements of local necessity and convenience
  • (iii) A district is a separate entity and a political subdivision of the State
  • (iv) The criterion for establishing a district shall be the public convenience and necessity

(g) Title 24: Highways

Chapter 2: State Highway Department

Section 24-2-112: Contracts and agreements with United States Govemment

Chapters 3: Establishment, Vacation or Alteration of County Highways Section 24-3-126: Abandonment of portions of highway upon reconstruction or relocation of existing highway; etc.

Summaiy of Content:

Preserves the right to continue operation of transmission lines and any interest acquired in the right-of-way under the provisions of W.S. W.S. 1-26-813. Applies to state highways.

(h) Title 24: Highways

Chapter 13: Utility Relocation Assistance

Section: 24-13-101 through 24-13-104, and

Chapter XXVIII: Utility Relocation Assistance, State

Highway Department Rules and Regulations.

Summary of Content:

The referenced statute permits the Department to make reimbursement payments to utilities for relocation of facilities from within the right-of-way of Federal-Aid highways. The Chapter of the Rules and Regulations restricts the reimbursement to electric power, telephone, and natural gas lines for suppliers with less than 15,000 customer meters, at a rate of 50 percent.

(i) Title 37: Public Utilities

Chapter 3: Rate, Interchange of Services and

Safety Regulations

Section 37-3-114: Safety Standards

Summary of Content:

  • (i) Electrical facilities shall be in conformance with the current edition of the National Electric Safety Code
  • (ii) PSC to have the power to direct the manner in which all utilities shall cross public highways and other utilities and by which public highways shall cross utilities.
  • (iii) It shall be the duty of the commission to apportion between the parties, in accordance with justice, the cost and expense of installing and maintaining such crossings.
  • (iv) Cost against a highway within a city or town will be charged against the city or town. If outside of the city or town, against the county.

(j) Title 37: Public Utilities

Chapter 10: Railroad and Public Highway Crossings

Sections 37-10-101 through 37-10-105

Also referred to as the Highway Crossing Protection Account

(k) Title 37: Public Utilities

Chapter 10: Damage to Underground Public Utility Facilities

Sections 37-12-301 through 37-12-304

Summary of Content:

Sets up procedures for locating, showing on plans and notification to utilities prior to starting any excavation.

(l) Title 37: Public Utilities

Article 3: High Voltage Line Safety

Sections 37-3-301 through 37-3-306

Summary of Content:

Sets up safety clear zones around conductors of electric current and procedures for notifying utilities regarding safety measures when work encroaches within the clear zones.

(m) Title 41: Water

Chapter 3: Water Rights; Administration and Control

Article 7: Water Conservancy Districts

Summary of Content:

  • (i) Has condemnation powers under eminent domain.
  • (ii) May cross or occupy any public street or highway without impairing the use of the street or highway.

(n) Title 41: Water

Chapter 10: Water and Sewer District Law

Section 41-10-113: Powers of District Board(n) Title41: Water

Summary of Content:

  • (i) Has condemnation powers under eminent domain.
  • (ii) District shall have the right-of-way over existing state highways; District must apply to Highway Department for license.

(o) Title 41: Water

Chapter 7: Irrigation Districts

Section 41-7-101 - all

(p) Title 41: Water

Chapter 8: Watershed Improvement District

Section 41-8-101 - all

045-2 Wyo. Code R. § 2-7