Chapter 7 - Relocation Of Highways

CHAPTER 7 - RELOCATION OF HIGHWAYS

 

24-7-101. Subject to city or town election.

 

 

(a) It is hereby declared to be the public policy of the stateof Wyoming that no state highway or state and federal highway now traversing orpassing through any incorporated city or town of the state of Wyoming shall beso moved or relocated in such city or town as to divert the present route ofthe same in such city or town nor to bypass such city or town except with theexpress approval of the people thereof.

 

(b) In any incorporated city or town when the decision is to bemade, the proposal to move or relocate a highway shall be submitted at anyregular or special election in the municipality to the qualified electorsthereof. The ballot question shall set forth a concise and accurate summary ofthe proposed change and shall permit and direct each voter to vote either"For the Proposed Change" or "Against the Proposed Change".The election shall be conducted in all respects as any other municipalelection. If a majority of those voting are in favor of the proposal to move orrelocate the highway, the proposal carries. Otherwise, the proposal fails.

 

(c) If the majority of the ballots cast in such election in anytown or city shall be in favor of the proposed change, as herein provided, thenthe governing board of such city or town shall proceed to effectuate the same,but if the majority in either case shall oppose such change then such governingboard shall have no further jurisdiction or authority to consider or act uponthe same; provided, however, that nothing herein contained shall prevent thegoverning board of any city or town wherein, because of congestion of motorvehicle traffic, narrowness of streets, density of fumes, smoke or exhaust,intensity or frequency of unusually loud sounds, or other cause, the passage ofmotor vehicles consisting of more than one (1) self-propelled unit constitutesa nuisance or an actual danger to health or safety, as determined by suchgoverning board, from establishing a separate route for such multi-unit motorvehicles around such city or town but connecting with public highways at ornear the boundaries thereof, by acquiring lands or easements for rights-of-wayfor such routes, which need not be dedicated to the public nor to the publicuse but may be laid out as private highways solely for the use of suchmulti-unit motor vehicles.

 

24-7-102. Prohibited expenditures.

 

Itis declared to be unlawful for the transportation commission or the departmentof transportation to expend any monies for the construction of a proposedchange or for the acquisition of the necessary right-of-way for the same, untilthe approval of the governing body of the affected town or city shall havefirst been obtained as above provided.

 

24-7-103. Application of W.S. 24-1-127, 24-7-101 through 24-7-103.

 

Thisenactment shall have no application to the usual and necessary diversion oftraffic for purposes of road repair or reconstruction, nor shall it apply toany city having a population of more than twenty thousand (20,000), nor shallthe provisions of this act be retroactive from the effective date of this act.

 

24-7-104. Connecting roads; construction.

 

Fromand after the passage of this act whenever an established state highway isrelocated, it shall be the duty of the department of transportation to cause tobe constructed a hard-surfaced highway from any city or town of a population ofnot less than fifty (50) people now on or adjacent to the established highwayto the relocated highway by the nearest practicable route.

 

24-7-105. Connecting roads; expense.

 

Theconnecting roads from the cities or towns to the relocated highway shall beconstructed and maintained by the department of transportation without expenseto the county or counties in which the roads are constructed.

 

24-7-106. Connecting roads; property owners to be furnishedapproaches.

 

Adjacentproperty owners shall be furnished safe, convenient and proper approaches tosuch relocated or connecting highways, but not beyond the highway right-of-way.