Chapter 2 - Board Of Land Commissioners
CHAPTER 2 - BOARD OF LAND COMMISSIONERS
ARTICLE 1 - IN GENERAL
36-2-101. Composition; powers generally.
Thegovernor, secretary of state, state treasurer, state auditor, andsuperintendent of public instruction, being constituted a "board of landcommissioners" by the provisions of section 3, article 18, of theconstitution of the state of Wyoming, shall as such board, have the direction,control, leasing, care and disposal of all lands heretofore or hereaftergranted or acquired by the state for the benefit and support of public schoolsor for any other purpose whatsoever, subject to the limitations contained inthe constitution of the state, and the laws enacted by the legislature. Theboard shall have the power and authority to take such official action as may benecessary in securing title to land grants, or any other lands acquired by thestate.
36-2-102. Authority to administer oaths.
Eachmember of the board is hereby authorized and empowered to administer oaths inany proceeding of any character which may be pending before it.
36-2-103. President; quorum; duties of employees.
Thegovernor shall be president of said board, but in his absence from any meeting,one (1) of the members may act as president pro tempore, and shall preside atsuch meeting. A majority of the members of the board shall constitute a quorumfor the transaction of business. The board shall have authority to prescribethe duties of all persons employed by it.
36-2-104. Meetings; rules, regulations and forms of procedure;records.
Theboard shall hold such regular and special meetings as it may prescribe andconsider necessary for the proper transaction of the business before it. Allmeetings and transactions incident to the duties of the board, together withall protests, contests or other proceedings before it, shall be regulated bysuch reasonable rules, regulations and forms of procedure as may from time totime be prescribed by the board; and such rules, regulations and forms ofprocedure shall bear the same relation to proceedings pending before the board,and have the same legal force and effect, upon all parties to such proceedings,as the Code of Civil Procedure bears and has to civil actions and the partiesthereto in the courts of this state. The board shall cause proper records ofits meetings and other proceedings to be kept in suitable books, and shallpreserve all important documents and papers pertaining to the lands of thestate and business of the board.
36-2-105. Repealed By Laws 1997, ch. 200, 2.
36-2-106. Repealed By Laws 1997, ch. 200, 2.
36-2-107. Rules and regulations; general penalty for violations;enforcement.
(a) The board shall have the power and authority to promulgateand adopt rules and regulations not inconsistent with the laws of the state, asit may from time to time deem necessary in the direction, control, dispositionand care of all state lands, and to preserve the value of the land and torecognize the fiduciary duties of the state land office.
(b) Any person who knowingly violates any provision of thissubsection is guilty of a misdemeanor and shall be fined not more than sevenhundred fifty dollars ($750.00), imprisoned for not more than six (6) months,or both. The acts prohibited under this subsection are:
(i) Damaging state lands under circumstances not a violation ofW.S. 6-3-201;
(ii) Using a motor vehicle on state lands off an established roadas defined by the board or on a road closed by the board;
(iii) Charging for or receiving payment for purposes of allowingpersons to engage in hunting, fishing or any other recreational use of statelands, unless the payment is collected pursuant to a lease or temporary usepermit issued by the state;
(iv) Building, maintaining, using or attending an open fire,campfire or charcoal grill on state land except in areas established by theboard; and
(v) Camping overnight on state land except in areas establishedby the board.
(c) Any peace officer as defined in W.S. 7-2-101 shall have theauthority to enforce this section on state lands. Any game and fish departmentlaw enforcement personnel qualified pursuant to W.S. 9-1-701 through 9-1-707shall have authority to enforce this section to the extent that there is nodiminishment in federal funds provided for under W.S. 23-1-601 and 23-1-602.
36-2-108. Appointment of state forester; qualifications; duties.
(a) The state board of land commissioners shall appoint a stateforester who shall be the administrative head of the Wyoming state forestrydivision of the office of state lands and investments. He shall serve at thepleasure of the board. He shall have a bachelor's degree in forestry with notless than four (4) years experience in professional forestry work. The stateforester shall, under the general supervision of the board, have direction ofall forest interest and all matters pertaining to forestry within thejurisdiction of the state of Wyoming; and may, with approval of the board,appoint such assistants and employees as are necessary in executing the dutiesof his office.
(b) The state forester shall:
(i) Take such action as may be deemed necessary by the stateboard of land commissioners to protect forest, range and other rural resourcesfrom fire. This responsibility shall in no way diminish the responsibility orauthority of local fire protection districts;
(ii) Assist the county sheriff in the enforcement of all lawspertaining to the protection of forest and range lands from fire;
(iii) Collect data relative to forest conditions;
(iv) Prepare an annual report on the progress and condition ofstate forestry work;
(v) Recommend plans for improving the state system of forestprotection, management and replacement;
(vi) Whenever it is deemed essential and to the best interest ofthe state, cooperate with counties, cities, towns, corporations, or individualsfor the protection, management and planting of trees, woodlots and timbertracts;
(vii) Promote the development of the forest industry;
(viii) Cooperate with federal agencies to fulfill the intent ofthis section.
36-2-109. Fire protection revolving account.
There is created the fire protection revolving account.Funds received by the state forester from local and county fire serviceentities shall be deposited into the account. Funds deposited into the accountare continuously appropriated to the state forester to be expended only for thepurchase of wildland fire equipment, parts for federal excess property,supplies, and to provide repairs for county and local fire service entities.
36-2-110. Interstate compact for the prevention and control of forestfires.
The interstate compact for the preventionand control of forest fires as contained herein is hereby enacted into law andentered into on behalf of this state with any and all other states legallyjoining therein in a form substantially as follows:
INTERSTATECOMPACT FOR THE PREVENTION AND CONTROL
OFFOREST FIRES
ARTICLEI
Purpose
The purpose of this compact is to promoteeffective prevention and control of forest fires in the great plains region ofthe United States by the maintenance of adequate forest firefighting servicesby the member states, and providing for reciprocal aid in fighting forest firesamong the compacting states of the region, including South Dakota, NorthDakota, Wyoming, Colorado and any adjoining state of a current member.
ARTICLEII
OperativeDate
This compact is operative immediately as tothose states ratifying it if any two (2) or more of the member states haveratified it.
ARTICLEIII
StateCompact Administrator; Forest Fire Plan
(a) In eachstate, the state forester or officer holding the equivalent position who isresponsible for forest fire control may act as compact administrator for thatstate, consult with like officials of the other member states, and implementcooperation between the states in forest fire prevention and control. Thecompact administrators of the member states may organize to coordinate theservices of the member states and provide administrative integration incarrying out the purposes of this compact.
(b) Each memberstate may formulate and put in effect a forest fire plan for that state.
ARTICLEIV
Aidto Other Member States
If the state forest fire control agency ofa member state requests aid from the state forest fire control agency ofanother state in combating, controlling, or preventing forest fires, the stateforest fire control agency of that state may render all possible aid to therequesting agency, consonant with the maintenance of protection at home.
ARTICLEV
Privileges;Liability; Claims and Reimbursement
(a) If the forcesof any member state are rendering outside aid pursuant to the request ofanother member state under this compact, the employees of the state shall,under the directions of the officers of the state to which they are renderingaid, have the same powers (except the power of arrest), duties, rights,privileges and immunities as comparable employees of the state to which theyare rendering aid.
(b) No memberstate or its officers or employees rendering outside aid pursuant to thiscompact is liable on account of any act or omission on the part of such forceswhile so engaged, or on account of the maintenance or use of any equipment orsupplies in connection with rendering outside aid.
(c) Allliability, except as otherwise provided in this compact, that may arise eitherunder the laws of the requesting state or under the laws of the aiding state orunder the laws of a third state on account of or in connection with a requestfor aid, shall be assumed and borne by the requesting state.
(d) Any memberstate rendering outside aid pursuant to this compact shall be reimbursed by themember state receiving the aid for any loss or damage to, or expense incurredin the operation of, any equipment used in answering a request for aid, and forthe cost of all materials, transportation, wages, salaries and maintenance ofemployees and equipment incurred in connection with the request. However,nothing in this compact prevents any assisting member state from assuming theloss, damage, expense, or other cost, from loaning the equipment, or fromdonating the services to the receiving member state without charge or cost.
(e) Each memberstate shall assure that workers compensation benefits in conformity with theminimum legal requirements of the state are available to all employees andcontract firefighters sent to a requesting state pursuant to this compact.
(f) For thepurposes of this compact, the term "employee" includes any volunteeror auxiliary legally included within the forest firefighting forces of theaiding state under the laws of the aiding state.
(g) The compactadministrators may formulate procedures for claims and reimbursement under theprovisions of this article in accordance with the laws of the member state.
ARTICLEVI
Effectof Compact on Existing Statutes; Duties
(a) Ratificationof this compact does not affect any existing statute so as to authorize orpermit curtailment or diminution of the forest firefighting forces, equipment,services or facilities of any member state.
(b) Nothing inthis compact authorizes or permits any member state to curtail or diminish itsfirefighting forces, equipment, services or facilities. Each member stateshall maintain adequate forest firefighting forces and equipment to meet thedemands for forest fire protection within its borders in the same manner and tothe same extent as if the compact were not operative.
(c) Nothing inthis compact limits or restricts the powers of any state ratifying the compactto provide for the prevention, control and extinguishment of forest fires, orto prohibit the enactment or enforcement of state laws, rules or regulationsintended to aid in the prevention, control and extinguishment of forest firesin the state.
(d) Nothing inthis compact affects any existing or future cooperative relationship orarrangement between the United States forest service and a member state orstates.
ARTICLEVII
Representativesof the United States Forest Service
Representatives of the United States forestservice may attend meetings of the compact administrators.
ARTICLEVIII
Operationof Articles IV and V
The provisions of Articles IV and V of thiscompact that relate to reciprocal aid in combating, controlling or preventingforest fires are operative as between any state party to this compact and anyother state which is party to this compact in another region if the legislatureof the other state has given its assent to the mutual aid provisions of thiscompact.
ARTICLEIX
Withdrawalfrom Compact
This compact shall continue in force andremain binding on each state ratifying it until the legislature or the governorof the state takes action to withdraw from the compact. Such action is noteffective until six (6) months after notice of the withdrawal has been sent bythe chief executive of the state desiring to withdraw to the chief executive ofall states then party to the compact.
ARTICLE 2 - APPEALS
36-2-201. Questions may be reserved to district court.
Wheneveran important or difficult matter of law or fact is to be decided in a contestor other proceeding pending before the board of land commissioners, or wheneverin the judgment of the members of said board any of its members are for anyreason disqualified from considering and deciding the questions or issuesinvolved in any contest or other proceeding before such board, then and in thatevent, the board of land commissioners may on the motion of either partyinterested, or upon its own motion, cause the said contest or other proceedingto be reserved and sent to the district court for the county in which the landin controversy is situated.
36-2-202. Certified copies of papers to be sent to court; docket fee.
Whena contest or other proceeding is reserved and ordered sent to a district court,the director shall transmit certified copies of all the papers in the case inhis possession and in his office to the clerk of the said district court and theboard of land commissioners shall determine who shall pay the docket fee in thedistrict court.
36-2-203. When issues made up before removal.
Ifthe issues in said reserved contest or proceeding have been made up before thesame shall have been removed, then in that case the said contest or proceedingwhen so removed shall be deemed ready for hearing; provided, however, that thejudge of said district court may grant amendments to the pleadings alreadyfiled.
36-2-204. When issues not made up before removal.
Ifthe issues in said contest or proceeding have not been made up at the time thesame is so removed to the district court then in that case the date when saidcontest or proceeding is filed in said district court shall be deemed the dateof the filing of the petition of the contestant, and all of the proceedingsthereafter shall be in accordance with the rules governing the trial of civilcases, including the making up of the issue, the trial of the case and an appealfrom the judgment of the district court.
36-2-205. Determination, certification, recordation and effect.
Whensuch case is reserved to the district court the same shall be tried anddetermined by such court, and its findings and judgments thereon shall becertified by the clerk of said court, to the director and he shall record thesame in the record of the proceedings of the board of land commissioners, andwhen so recorded, such findings and judgments shall have the same force andeffect as though rendered by said board.
36-2-206. Appeals to district court.
Anyparty who may feel himself aggrieved by the decision of the board of landcommissioners rendered in any contest proceeding held before said board, mayhave an appeal from such decision to the district court sitting within and forthe county in which the land in controversy is situated. All persons joining inthe appeal shall be joined as appellants, and all persons having interestsadverse to the parties appealing, or any of them, shall be joined as appellees;and upon said appeal being perfected, said contest proceeding shall stand to beheard and for trial de novo, by said court.
36-2-207. Written notice of intent to appeal; bond.
Theparty appealing shall, within thirty (30) days after receiving notice byregistered mail of the decision of the board, file with the director, a noticein writing to the board of land commissioners stating that such party intendsto appeal to said district court from said decision; and at the same time shallfile a like notice in the said district court; and upon the filing of saidnotices, the appeal shall be deemed to have been taken; provided, however, thatthe party appealing shall within fifteen (15) days after the said notices havebeen filed, enter into an undertaking to be approved by the clerk or the judgeof the said district court and to be given to the appellees, and to be in suchan amount as said court or the judge thereof shall fix, but in any case, shall notbe less than five hundred dollars ($500.00), and conditioned that the appellantshall prosecute his appeal without unnecessary delay and will pay all costs anddamages which the appellees or any of them may sustain in consequence of suchappeal.
36-2-208. Transmission of evidence to district court; hearing onappeal.
Uponnotice of intention to appeal having been filed with the director, he shall atonce transmit to the clerk of the district court to which such appeal has beentaken, a certified copy of all papers and documents in evidence in the casetogether with a transcript of all orders and journal entries concerning thesame and a certified copy of the decision appealed from. Unless otherwiseordered by the court, said appeal shall be heard upon the pleadings filedbefore the board of land commissioners and at the trial of such appeal,evidence shall be taken and other proceedings had as in the trial of a civilaction before said court.
36-2-209. Notice of perfected appeal; proof of service.
Uponthe approval of the bond as aforesaid, the clerk of the district court shallimmediately issue a notice to the director and to said appellees and each ofthem that said appeal has been perfected; such notice may be served personallyupon the appellees or their attorneys of record by any appellant or hisattorney of record, or by registered mail, by the clerk of the district court.Proof of service may be made by the affidavit of the person making the serviceand also by the return registry receipt where service is made by registeredmail.
36-2-210. Hearing and trial upon appeal; appeal to supreme court.
Atthe expiration of the time for the appearance of the appellees, the case is tobe deemed ready for hearing; and it shall be heard and tried the same in allrespects as civil cases are tried in said district court; and an appeal fromthe judgment, finding and decree of said court shall lie to the supreme courtthe same in all respects as prescribed by law for appeals and proceedings inerror from the district courts to the supreme court of this state.