Wyoming Statutes

Wyo. Stat. § 34-12-106 (2026)

Vacation; generally.

✓ current as of May 2026

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Any such plat may be vacated by the proprietors thereof at any
time before the sale of any lots therein, by a written
instrument declaring the same to be vacated, duly executed,
acknowledged or proved and recorded in the same office with the
plat to be vacated, and the execution and recording of such
writing shall operate to destroy the force and effect of the
recording of the plat so vacated, and to divest all public
rights in the streets, alleys, commons and public grounds laid
out or described in such plat, and in case where any lots have
been sold, the plat may be vacated as herein provided, by all
the owners of lots in such plat joining in the execution of the
writing aforesaid. No plat or portion thereof within the
corporate limits of a city or town shall be vacated as herein
provided without the approval of the city or town. No plat or
portion thereof for which a subdivision permit has been obtained
pursuant to W.S. 18-5-304 shall be vacated as herein provided
without the approval of the county commissioners. No municipal
or county approval under this section shall be arbitrarily or
unreasonably withheld.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1989–2024 · leading case: Carnahan v. Lewis, 2012 WY 45 (Wyo. 2012).

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Carnahan v. Lewis, 2012 WY 45 (Wyo. 2012). · cites it 3× “In its brief supporting its motion, the County asserted the Carnahans' quiet title and ejectment claims were barred by sovereign immunity and were in any event not cognizable because Wyo. Stat. Ann. §§ 34-12-106 through 111 provide the exclusive means for vacating a public…”

City of Cheyenne v. Bd. of Commissioners, 290 P.3d 1057 (Wyo. 2012). · cites it 4× “In its response to the County's motion for summary judgment, the City wrote, "It is important to note that the City does not contend that the provisions of W.S. § 34-12-106 were violated when the County Commissioners approved the partial vacation of Roundup Heights As stated…”

Laughter v. Bd. of Cnty. Commissioners, 2005 WY 54 (Wyo. 2005). · cites it 2× “) [¶ 50] It almost goes without saying that the county had a legitimate interest both in requiring amendment of the subdivision plat in the face of a proposed contrary use, and in maintaining public access to the surrounding properties.”

Ahearn v. Town of Wheatland, 2002 WY 12 (Wyo. 2002). · cites it 3× “Accordingly, § 108's language is to be read as referring only to the parcel to be resubdivided, which would not include Ahbearn's parcel, and again, although he is an owner of a parcel in the subdivision, Ahearn is not an owner of the parcel to be resubdivided, and the language…”

Sare v. Sheridan Cnty. Bd. of Cnty. Commissioners, 784 P.2d 593 (Wyo. 1989). · cites it 4× “[2] Wyo. Stat. §§ 34-12-106 to -109 and 24-3-101 to -127 (1977) provide for vocation of plats, streets, alleys, and highways.”

Town of Moorcroft v. Lang, 779 P.2d 1180 (Wyo. 1989). · cites it 2× “W.S. 34-12-106. Upon vacation, the fee to the surface estate in the street then vests in such lot owners.”

V. Kathie Brazinski Case M. Brown Margaret E. Creel Joseph M. Demarsh Jan Demarsh-Lovett Lloyd Dorsey & Michele W. Dorsey, Trs. of the Dorsey Revocable Trust Dated 12/5/2012 Mark Lovett Allison F. Merritt & Janice K. Smith, Tr. of the William R. & Janice K. Smith Revocable Trust Dated 3/15/2005 v. Bd. of Cnty. Commissioners of Teton Cnty., Wyoming & Stage Stop, Inc., 2024 WY 40 (Wyo. 2024). · cites it 3× “Wyo. Stat. Ann. § 34-12-106 (LexisNexis 2023) (emphasis added).”

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