MPC
Research Projects (2004-05)
Identifying Number
MPC-256
Project Title
Legal Establishment of County Roads
University
University of WyomingProject 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
- Identify and summarize relevant statutes and case law.
- Establish and describe current road establishment procedures.
- Interview with Wyoming county personnel.
- Conduct a statewide survey related to the legal establishment of county roads.
- 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