Wyoming Statutes

Wyo. Stat. § 24-9-101 (2026)

Answer and complaint; initial hearing;

✓ current as of May 2026
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appointment of viewers and appraisers.

     (a) Any person whose land has no outlet to, nor connection
with a public road, may commence an action in district court in
any county in which any part of the land is located for a
private road leading from his land to some convenient public
road. The plaintiff shall join as defendants the owners of
record, owners of recorded easements and rights of way and any
lessee, mortgagee or occupant of the land over which any
proposed road would cross. The complaint shall contain a short
and plain statement of:

          (i) The legal description of the land owned by the
plaintiff to which access is sought and a statement that all or
some of the land is located within the county;
          (ii) A specific statement as to why the land has no
legally enforceable access, other than a waterway, and whether
the land is surrounded on all sides by land owned by another
person or persons or a natural or man-made barrier making access
unreasonably costly;

          (iii) A description of the plaintiff's efforts to
purchase a legally enforceable access to a public road;

          (iv) A description sufficient to identify the general
location of any access routes proposed by the plaintiff;

          (v) The legal description of all land over which any
proposed access routes would cross; and

          (vi) A statement as to whether any actions of the
plaintiff or any person with the consent and knowledge of the
plaintiff, caused the plaintiff's land to lose or to not have
any legally enforceable access.

     (b) The defendant's answer shall set forth the location
and description, in the manner described in paragraphs (a)(iv)
and (v) of this section, of any alternate routes proposed by the
defendant and the owners of record, owners of recorded easements
and rights of way and any lessee, mortgagee or occupant of the
land over which any proposed alternate routes would cross.

     (c) The court shall give an action for a private road
precedence over other civil cases pending in court, other than
election contests, and the action shall in every way be
expedited.

     (d) If the plaintiff has had access to his land and that
access is being denied or restricted, the court may grant
temporary access to the plaintiff over a route identified by the
court pending the outcome of the proceedings.

     (e) The plaintiff shall join as defendants persons
identified under subsection (b) of this section or otherwise
identified by a defendant as the owners of record, owners of
recorded easements and rights of way and any lessee, mortgagee
or occupant of the land over which any proposed alternative
routes would cross.

     (f) The court may require the plaintiff to file a bond to
pay for costs allowed under W.S. 24-9-103.
    (g)   Repealed By Laws 2013, Ch. 99, § 3.

     (h) The court shall hold an initial hearing to determine
whether the plaintiff has satisfied the requirements of this
section and access is necessary because the plaintiff has no
legally enforceable access. If the court finds the requirements
of this section have been met and access is necessary, the court
shall appoint three (3) disinterested persons as viewers and
appraisers. Before entering upon their duties the viewers shall
take and subscribe to an oath that they will faithfully and
impartially perform their duties under their appointment as
viewers and appraisers. The court shall direct them to meet on a
day named in the order on the proposed road, and view and
appraise any damages, at which time and place all persons
interested may appear and be heard by the viewers. The viewers
and appraisers shall then proceed to locate and mark out a
private road and alternative routes as they deem appropriate,
provided the location of the road shall not be marked out to
cross the lands of any person not joined in the action. The
viewers and appraisers shall recommend to the court the most
reasonable and convenient route, provided that access shall be
along section and boundary lines whenever practical. The viewers
and appraisers may recommend specific conditions that the court
place on the road, including provisions for maintenance and
limitations on the amount and type of use. The proposed road
shall not exceed thirty (30) feet in width from a certain point
on the land of the plaintiff to some certain point on the public
road, and shall be located so as to do the least possible damage
to the lands through which the private road is located. The
viewers and appraisers shall also appraise any damages sustained
by the owner over which the road is to be established and make
full and true returns, with a plat of the road to the court. The
viewers and appraisers shall also determine whether or not any
gates or cattleguards should be placed at proper points on the
road, and appraise any damages in accordance with that
determination.

     (j) In determining any damages to be suffered by a
defendant, the viewers and appraisers shall appraise the value
of the property affected by the road before and after the road
is in place. Damages also may include reasonable compensation
for any improvements on the lands over which any private road is
to be granted which were not paid for and will be used by the
plaintiff.

    (k)   Repealed By Laws 2013, Ch. 99, § 3.
    (m)   Repealed By Laws 2013, Ch. 99, § 3.
Notes of Decisions
Cited in 52 cases (1 in the last 5 years), 1978–2025 · leading case: McGuire v. McGuire, 608 P.2d 1278 (Wyo. 1980).
McGuire v. McGuire, 608 P.2d 1278 (Wyo. 1980). · cites it 112× “The application was filed pursuant to §§ 24-9-101 et seq., W.S. 1977. [1] The contestants-appellees, Dan and Loretta McGuire, filed their petition naming *1281 the contestees-appellants, Fred and Mickey McGuire, as well as Two Bar Ranch Company.”
Patrick J. Whaley & Mary L. Whaley v. Flitner Ltd. P'ship, a Wyoming Ltd. P'ship, 2017 WY 59 (Wyo. 2017). · cites it 35× “” The district court remanded the case to the Board, directing it to proceed with the application and to appoint viewers and appraisers pursuant to Wyo. Stat. Ann. § 24-9-101 (h) (Lexis-Nexis 2011).”
Mayland v. Flitner, 2001 WY 69 (Wyo. 2001). · cites it 19× “Flitner commenced proceedings in February of 1995 for establishment of a private road pursuant to Wyo. Stat. Ann. §§ 24-9-101 to -104 (LEXIS 1999) (amended 2000).”
Reidy v. Stratton Sheep Co., 2006 WY 69 (Wyo. 2006). · cites it 26× “Claiming that road was not a public road and was not convenient given its proposed use of the property, Stratton applied to the Carbon County Board of County Commissioners (the board) for a private road across property belonging to Terence and Maureen Reidy (the Reidys) pursuant…”
Ferguson Ranch, Inc. v. Murray, 811 P.2d 287 (Wyo. 1991). · cites it 27× “The question we must answer is this: Where a grantee takes title to a parcel of property which has no adequate means of ingress/egress (is landlocked), is the grantor obligated to provide his grantee with a common law way of necessity without compensation therefor, or must the…”
Hulse v. First Am. Title Co. of Crook Cnty., 2001 WY 95 (Wyo. 2001). · cites it 15× “[¶ 1] In these consolidated appeals we first determine the manner in which a private road, established pursuant to Wyo. Stat. Ann. § 24-9-101 et seq., is vacated.”
Miller v. Bradley, 4 P.3d 882 (Wyo. 2000). · cites it 25× “FACTS On November 25, 1996, Bradley filed a petition for a private road with the Board of County Commissioners of Fremont County pursuant to Wyo. Stat. Ann. § 24-9-101 (Lexis 1999). In the petition, Bradley alleged that she was the owner of a landlocked parcel of land located in…”
Wagstaff v. Sublette Cnty. Bd. of Cnty. Commissioners, 2002 WY 123 (Wyo. 2002). · cites it 17× “[¶ 4] In June 1998, pursuant to Wyo. Stat. Ann. §§ 24-9-101 through -108 (Lexis 1999), GCC filed a petition with the Board to establish a thirty foot wide private road *81 along the existing road on the Wagstaff property.”
Voss v. Goodman, 2009 WY 40 (Wyo. 2009). · cites it 13× “Did the district court have jurisdiction to issue declaratory judgment as to whether the Board had authority under Wyo. Stat. Ann. § 24-9-101 (LexisNexis 1999) to grant temporary access to Appellants during a private road condemnation action in which Appellants sought permanent…”
Coronado Oil Co. v. Grieves, 603 P.2d 406 (Wyo. 1979). · cites it 17× “Appellant did not fail to exhaust its remedies by failing to appeal a decision of the Weston County Commissioners which denied it a right-of-way of necessity after a proceeding held pursuant to § 24-9-101, et seq., W.S. 1977. 5. The description of property sought to be condemned…”
Voss v. Albany Cnty. Commissioners, 2003 WY 94 (Wyo. 2003). · cites it 13× “[T1] Mark and Laura Voss, with co-owners David and Virginia Macey, petitioned the Albany County Board of Commissioners (Board) to establish a private road across their neighbors' property, as authorized by Wyo. Stat. Ann. § 24-9-101 (Lexis 1999). The Board, following the…”
— Wyo. Stat. § 24-9-101(a) — 5 cases
Reidy v. Stratton Sheep Co., 2006 WY 69 (Wyo. 2006). “Claiming that road was not a public road and was not convenient given its proposed use of the property, Stratton applied to the Carbon County Board of County Commissioners (the board) for a private road across property belonging to Terence and Maureen Reidy (the Reidys) pursuant…”
J & T Props., LLC v. Gallagher, 256 P.3d 522 (Wyo. 2011).
Gregory D. Lavitt & Debra C. Lavitt, 2015 WY 57 (Wyo. 2015).
Samuel J. Tilden v. Linda J. Jackson, 2025 WY 57 (Wyo. 2025).
In Re Gallagher, 2011 WY 112 (Wyo. 2011).
— Wyo. Stat. § 24-9-101(e) — 1 case
Patrick J. Whaley & Mary L. Whaley v. Flitner Ltd. P'ship, a Wyoming Ltd. P'ship, 2017 WY 59 (Wyo. 2017). “” The district court remanded the case to the Board, directing it to proceed with the application and to appoint viewers and appraisers pursuant to Wyo. Stat. Ann. § 24-9-101 (h) (Lexis-Nexis 2011).”
— Wyo. Stat. § 24-9-101(f) — 2 cases
J & T Props., LLC v. Gallagher, 256 P.3d 522 (Wyo. 2011).
In Re Gallagher, 2011 WY 112 (Wyo. 2011).
— Wyo. Stat. § 24-9-101(g) — 1 case
Mullinax Concrete Serv. Co. v. Zowada, 2010 WY 146 (Wyo. 2010).
— Wyo. Stat. § 24-9-101(h) — 4 cases
Patrick J. Whaley & Mary L. Whaley v. Flitner Ltd. P'ship, a Wyoming Ltd. P'ship, 2017 WY 59 (Wyo. 2017). “” The district court remanded the case to the Board, directing it to proceed with the application and to appoint viewers and appraisers pursuant to Wyo. Stat. Ann. § 24-9-101 (h) (Lexis-Nexis 2011).”
Mullinax Concrete Serv. Co. v. Zowada, 2010 WY 146 (Wyo. 2010).
Zowada v. Mullinax Concrete Serv. Co., 2014 WY 121 (Wyo. 2014).
Goodman v. Voss, 2011 WY 33 (Wyo. 2011).
— Wyo. Stat. § 24-9-101(j) — 2 cases
— Wyo. Stat. § 24-9-101(m) — 2 cases
J & T Props., LLC v. Gallagher, 256 P.3d 522 (Wyo. 2011).
In Re Gallagher, 2011 WY 112 (Wyo. 2011).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.