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MPC
Research Projects (2004-05)

Identifying Number

MPC-256

Project Title

Legal Establishment of County Roads

University

University of Wyoming

Project Investigator

Khaled Ksaibati
University of Wyoming
(307)766-6230
khaled@uwyo.edu

External Project Contact

Mr. Richard Douglass
Local Government Coordinator
Wyoming DOT
(307)777-4384

Project Objective

The main objective of this research study is to determine how a road could be legally established throughout the state's history. This will require determining what the standard practices were for establishing a road at various points in time. One means of getting a road to become a county road is through a process known as "adverse possession." Though at one time this was a standard practice for establishing a road, the courts have cast doubt on this method. This is an example of the issues that are to be addressed by this project.

Project Abstract

For as long as rural roads have been maintained in Wyoming, roads have been added to county road networks. This may have been done following the exact letter of the law, or it may have been done by a simple handshake between a landowner and a county road and bridge supervisor. There are a number of steps that may take place when road construction or maintenance begins. A road may be part of a platted subdivision; it may be a road that the county maintained for any number of reasons; it may be a two-track road used by the public; or it may be surveyed and dedicated as a county road by the county commissioners. There are many other procedures that may have been followed; some of them constitute a legally binding road establishment and some of them don't.

Reading through the Wyoming statutes, one can logically figure out what is required to establish a road. Unfortunately, courts have overturned some of the laws that govern the establishment of county roads, turning the situation into a complex legal issue.

In some cases, it is clear that a road is a county road. There may be a deed for the property. Often, there is only an easement through a landowner's property. This easement may be a well defined, surveyed description, or it may be a very loosely worded agreement. It may or may not be legally recorded and binding.

The problem of knowing whether a road is legally established hampers most, if not all, of the counties in Wyoming. This problem comes up frequently when a subdivision is to be built on what may or may not be a county road, though there are numerous other cases where the legal establishment of a road is an issue.

Task Descriptions

  1. Identify and summarize relevant statutes and case law.
  2. Establish and describe current road establishment procedures.
  3. Interview with Wyoming county personnel.
  4. Conduct a statewide survey related to the legal establishment of county roads.
  5. Prepare and distribute a report summarizing the relevant statutes.

Milestones, Dates

Starting Date: July 1, 2004
Ending Date: June 30, 2005

Yearly and Total Budget

$53,971

Student Involvement

One graduate research assistant

Relationship to Other Research Projects

The literature review did not reveal any other projects similar in nature.

Technology Transfer Activities

Workshops for counties.

Potential Benefits of the Project

Help counties in establishing the documentation for roadways.

TRB Keywords

County roads, legal establishment

NDSU Dept 2880P.O. Box 6050Fargo, ND 58108-6050
(701)231-7767ndsu.ugpti@ndsu.edu