Bill > SF0099

This bill establishes a legal framework for "prescriptive easements" for electricity delivery and distribution systems in Wyoming, recognizing that many rural electrical lines were built on private property with informal agreements rather than formal written contracts. A prescriptive easement is a legal right to use someone else's land for a specific purpose, acquired through continuous and open use over a period of time, even without explicit permission. The bill defines key terms like "delivery" (distribution or transmission of electricity), "electric utility" (a company providing electricity), and "system" (the physical infrastructure for delivering electricity). It grants electric utilities a nonexclusive easement for their existing delivery systems if they were visibly installed before January 1, 2006, have been continuously used (with a grace period of up to one year for non-use), and there's no existing written agreement with the landowner. This easement allows the utility to reconstruct, maintain, and repair the system, and to trim vegetation that poses a hazard, with access rights limited to what's necessary for reasonable enjoyment of the easement, though alternative access may be permitted if the primary route is hazardous or significantly encumbered. The width of the easement is generally limited to 30 feet from the existing infrastructure, consistent with historical use. An easement is considered abandoned if the utility stops using the system for over three consecutive years without agreement. Importantly, the bill clarifies that it does not alter existing easements or agreements, nor does it expand the utility's use beyond historic or normal development needs that would materially increase the burden on the landowner, excluding industrial wattage increases. Before an easement is granted under this bill, the electric utility must publish a notice in a local newspaper or customer newsletter. This act is set to take effect on July 1, 2026.

Business and Industry, Justice

https://www.wyoleg.gov/Legislation/2026/SF0099