Wyo. Stat. » Wyo. Stat. / Title 24 - Highways / Chapter 9 - ESTABLISHMENT OF PRIVATE ROADS / Article 2 - IDENTIFICATION OF COUNTY ROADS
Wyoming Statutes

Wyo. Stat. § 24-9-103 (2026)

Report of viewers and appraisers; trial to the

✓ current as of May 2026
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court; costs.

     (a) The viewers and appraisers so appointed, or a majority
of them, shall make a report of their recommendations to the
court, and also the amount of damages, if any, appraised by
them, and the defendant entitled to such damages. Upon receiving
the report of the viewers and appraisers, the matter shall be
tried to the court without a jury. The court may accept, reject
or modify the report and recommendations. The court shall select
the most reasonable and convenient route for the access,
provided that access shall be along section and boundary lines
whenever practical. The court shall issue a final order
specifying the route, any conditions imposed by the court and
any damages and costs to be paid by the plaintiff.

     (b) A party may appeal any final judgment of the district
court under this section to the supreme court.

     (c) After the court has received a survey of the route and
proof of payment of any damages and costs ordered to be paid,
the court shall enter an order incorporating a legal description
of the road, a legal description of the land benefitted by the
road, declaring the road to be a private road, and citing in the
order any conditions imposed by the court. A certified copy of
the court's order shall be filed in the office of the county
clerk.

     (d) In addition to paying any damages to be suffered by
the defendants, the court shall order the plaintiff to pay
appropriate costs, which shall include any survey, plat,
engineering and construction costs incurred concerning the
location and construction of the road.

    (e)   Repealed By Laws 2013, Ch. 99, § 3.

     (f) In addition to paying other damages and costs required
by this section and by W.S. 24-9-101, the plaintiff shall be
responsible for paying the reasonable costs of an appraisal
obtained by a defendant if that appraisal was adopted in
substantial part as a basis for damages and varied more than
fifteen percent (15%) from the valuation determined by the
viewers and appraisers appointed under W.S. 24-9-101(h).
Notes of Decisions
Cited in 18 cases, 1980–2019 · leading case: McGuire v. McGuire, 608 P.2d 1278 (Wyo. 1980).
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McGuire v. McGuire, 608 P.2d 1278 (Wyo. 1980). · cites it 6× “" Section 24-9-103: "The viewers and appraisers so appointed, or a majority of them, shall make a report to the county commissioners at the next regular session, of the private road so located by them, and also the amount of damages, if any, assessed by them, and the person or…”
Gold v. Bd. of Cnty. Com'rs of Teton Cty., 658 P.2d 690 (Wyo. 1983). · cites it 17× “They also allege that § 24-9-103, W.S. 1977, was not complied with because the report was not submitted at the next regularly scheduled meeting of the Board.”
Patrick J. Whaley & Mary L. Whaley v. Flitner Ltd. P'ship, a Wyoming Ltd. P'ship, 2017 WY 59 (Wyo. 2017). · cites it 6× “Wyo. Stat. Ann. § 24-9-103 (a) (LexisNexis 2011).”
Ray P. Edsall, Tr. of the Ray P. Edsall Revocable Living Trust, Dated October 28, 2011 v. Joy Bell Moore & Tiffany La Toya Moore, 2016 WY 71 (Wyo. 2016). · cites it 3× “The court required the Moores to post a $10,000 bond for costs allowed under Wyo. Stat. Ann. § 24-9-103 3 The district court also dismissed the Moores' damage claim with prejudice.”
Wagstaff v. Sublette Cnty. Bd. of Cnty. Commissioners, 2002 WY 123 (Wyo. 2002). · cites it 2× “That review process is envisioned by Wyo. Stat. Ann. § 24-9-103 (Lexis 1999) and provides in pertinent part: The viewers and appraisers so appointed, or a majority of them, shall make a report to the county commissioners at the next regular session, of the private road so…”
Elk Horn Ranch, Inc. v. Bd. of Cnty. Commissioners, 2002 WY 167 (Wyo. 2002). · cites it 2× “The hearing examiner denied the motion ruling Wyo. Stat. Ann. § 24-9-103 (LEXIS 1999) (amended 2000) 8 required the viewers to file a written recommendation report but did not direct the reasons for the recommendations be included.”
Dunning v. Sheridan Cnty. Bd. of Commissioners, 982 P.2d 704 (Wyo. 1999). · cites it 8× “Wyo. Stat. Ann. § 24-9-103 (Michie 1997) provides: Any person aggrieved by the action of the board or as to the amount of damages awarded, may appeal to the district court at any time within thirty (30) days after said road is finally established by said board of county…”
Carney v. Bd. of Cty. Com'rs of Sublette, 757 P.2d 556 (Wyo. 1988). · cites it 3× “In that case, we held that the right to the due process hearing must be afforded before the board of county commissioners pursuant to § 24-9-103, W.S.1977, 2 and that the affected landowner must be afforded a right to appear before the board to contest both the taking and the…”
Bush v. Duff, 754 P.2d 159 (Wyo. 1988). · cites it 2× “” Section 24-9-103 then provides, in pertinent part: "The viewers and appraisers so appointed * * * shall make a report to the county commissioners * * * and if the commissioners are satisfied that such report is just, and after payment by the applicant of all costs of locating…”
Cindy A. Sharpe George A. Logan & Sybille Ranch, Llc v. Judith Timchula, Tr. of the Judith Timchula Living Trust Dated October 19, 2000, & Jack Garson Aletha Garson Jimmy Ray Garson Molly Jane Garson Shan Brian Garson & Strong Creek Ranch, Inc., 2019 WY 121 (Wyo. 2019). · cites it 2× “Wyo. Stat. Ann. § 24-9-103 (a). Appellants contend that three of the court’s factual findings in support of its decision not to impose the use restrictions they proposed are clearly erroneous.”
Altaffer v. Cross, 304 P.3d 932 (Wyo. 2013). · cites it 2× “" Section 24-9-103(a) also authorizes the board to impose conditions on private roads.”
R.C.R., Inc. v. Deline, 2003 WY 62 (Wyo. 2003). · cites it 4× “§ 24-9-103 , appellant contends that only after the Board has determined that the viewers' and appraisers' report-which addresses the location of the road and the amount of damages-is "just" and payment of the assessed damages by the applicant of all costs of locating the road,…”
Show all 18 citing cases →
— Wyo. Stat. § 24-9-103(a) — 3 cases
Altaffer v. Cross, 304 P.3d 932 (Wyo. 2013). “" Section 24-9-103(a) also authorizes the board to impose conditions on private roads.”
In the Matter of the Application for Establishment of Private Road By Evan W. Cross & Sandra D. Cross, Husband & Wife, Proposed Road No. 276: Wayne Curtis Altaffer v. Evan W. Cross & Sandra D. Cross, 2013 WY 79 (Wyo. 2013).
Mullinax Concrete Serv. Co. v. Zowada, 2010 WY 146 (Wyo. 2010).
— Wyo. Stat. § 24-9-103(d) — 1 case
In Re Gallagher, 2011 WY 112 (Wyo. 2011).
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