Title 37, Title 37 — Public Utilities

Inspection and repair of power lines. The commissioners and agents, servants and employees shall have the right to go upon all lands along any power line to inspect and repair the same whenever necessary, doing no unnecessary damage, and shall not be liable for trespass therefor.

Necessary additional assessments authorized under court order; notice required; payment. If any assessment for construction, operation, maintenance or repair that the commissioners shall have reported to the court is a smaller sum than is needed to carry out the purpose for which…

Omission of assessments not to affect jurisdiction of court or render previous assessments voidable; commissioners to correct omissions and report to court. Omission to assess benefits, or to assess for construction, or to make additional assessment or to make assessment for oper…

Commissioners may borrow for unpaid construction or lawful debts; issuance of notes or bonds; interest specified. The commissioners may borrow money, not exceeding the amount of "assessment for construction" as herein provided, unpaid at the time of borrowing for such purposes, o…

Refunding of indebtedness. The court, may, upon the petition of the commissioners authorize them to refund any lawful indebtedness of the district now existing or which may hereafter be incurred by taking up and canceling all or any part of its outstanding notes and bonds, as fas…

Construction to be done by lowest responsible bidder; advertisement for bids; applicability of section. In all cases where the work to be done at any one time under the directions of the commissioners will, in their opinion, cost to exceed twenty-five hundred dollars ($2,500.00),…

Payment, tender or deposit of damages required before start of construction; exception. The damages allowed to the owners of lands shall be paid or tendered before the commissioners shall be authorized to enter upon the lands for damage to which the award is made, for the constru…

Assessments as lien against property. Each and every sum assessed in any power district organized in the manner herein provided, as soon as such assessment is confirmed by the court, shall be and is declared to be a lien against the land so assessed, and unless some other method …

Bonds not adversely affected by change in assessment. No bonds or other money obligations issued by any power district shall be adversely affected by any subsequent change in assessment of benefits.

Commissioners declared public officers; acts presumed regular and valid; burden of proof on contestant. Commissioners of power districts are hereby declared to be public officers. The presumption shall be in favor of the regularity and validity of all their official acts. Wheneve…

Order confirming assessments as evidence of regularity. The order confirming the assessments of benefits shall be conclusive as to the regularity of all proceedings relating to the assessments of benefits unless appealed from within thirty (30) days after the entry of such order.

Election of commissioners; date; term of office. Upon the third Tuesday in November next preceding the expiration of terms of office of any power district commissioners appointed in any power district organized under the provisions of this chapter, there shall be elected three (3…

Election of commissioners; hour and place; notice; voters qualified; conduct; proxies; record required. The commissioners of the district shall fix the hour and place within the boundaries of the district of each election and preside at the same. It shall be the duty of the commi…

Election of commissioners; votes necessary to elect; filling of vacancies; qualifications and duties of commissioners elected. No person shall be elected as commissioner who shall not have received a majority of all votes cast. No election shall be invalid by reason of the fact t…

Petition for organization; assessments against real estate. If the petition for the organization of a power district under W.S. 37-7-101, states that the bonds to be issued by such district for the purpose of raising money shall be a lien only upon the power plant, distribution s…

Bonds issued only when authorized by district court; hearing and notice; interest rate; conditions of sale. Power districts organized pursuant to petitions stating that the bonds to be issued by the district for the purpose of raising money shall be a lien only upon the power pla…

W.S. 37-7-201 through 37-7-212 to be cumulative authority; existing laws not repealed. This act shall be construed as cumulative authority for the purposes named in sections 1 and 2 hereof, and as to the manner and form of issuing revenue bonds for any such purpose or purposes, a…

Payment of principal and interest to be from revenues only; not to constitute indebtedness of borrower. The principal of and interest upon such bonds shall be payable solely from the revenues derived from the operation of the power system or plant, electric light plant, power pla…

Bonds a mortgage lien for benefit of bond and coupon holders. Said bonds shall be construed to and shall create a statutory mortgage lien upon any such power system, power plant, electric light plant, power lines, transmission lines, or power distributing system or systems, and t…

System to remain subject to mortgage lien; proceedings to compel performance of official duties; forced sale not authorized. Such system so purchased, constructed, improved, enlarged, extended or repaired shall remain subject to said statutory mortgage lien until payment in full …

Appointment of receiver in case of default upon bonds. If there be any default in the payment of the principal of or interest upon any of said bonds, any court having jurisdiction in any proper action may appoint a receiver to administer and operate the system so encumbered on be…

Bonds and coupons held by governmental agencies exempt from taxes. The bonds and interest coupons issued hereunder are hereby exempted from any and all state, county, municipal and other taxation whatsoever under the laws of the state of Wyoming, and it shall be plainly stated on…

Bonds negotiable instruments. Such bonds shall have all the qualities of negotiable instruments under the law merchant and the Negotiable Instruments Law.

Disposition of proceeds from sale of bonds; funds to be used only on system; unexpended balance; purchase and cancellation of bonds. The commissioners of any such power district shall require that the proceeds of the sale of bonds issued under the provisions of this act be deposi…

Rates for services. Rates for services furnished by any such system shall be fixed precedent to the issuance of the bonds. Such rates shall be sufficient to provide for the payment of the interest upon and the principal of all such bonds as and when the same become due and payabl…

Authority of district court concerning bonds; bonds to comply with federal laws; power system; state property. The district court having jurisdiction over said power district shall have general, full, and complete authority to authorize the issuance of such revenue bonds, to make…

Mortgages; issue of corporate bonds; provisions as to bonds. Every railroad company organized under the general incorporation laws of this state shall have power and is hereby authorized to mortgage or execute deeds of trust, in whole or in part, of the real and personal property…

Consolidation; mode of effecting. Whenever a line of railroad or any railroad company in this state, or any portion of said line, has been constructed so as to connect with any two (2) or more of such roads, said companies are hereby authorized to consolidate themselves into a si…

Consolidation; when consummated. Upon making the agreement mentioned in the preceding section, in the manner required therein, and filing a duplicate or counterpart thereof in the office of the secretary of state, the said two (2) or more corporations (mentioned or referred to in…

Consolidation; effects; rights of creditors. Upon the election of the first board of trustees of the corporation created by the agreement pursuant to W.S. 37-9-102, and by the provisions of W.S. 37-9-101 through 37-9-105, all and singular the rights and franchises of each and all…

Company may subscribe to capital stock of other railroad company. Any railroad company incorporated under the general laws of this state may at any time by means of subscription to the capital stock of any other company or otherwise, aid such company in the construction of its ro…

Aid to other companies; extension outside of state; sale or lease to other railroads permitted; foreign railroads; taxation. Any railroad company now or hereafter incorporated pursuant to the laws of this state, or of the United States, or of any state or territory of the United …

Lands heretofore taken may be acquired. Any railroad company which may have prior to January ninth, A.D. 1891, taken any of the lands of this state for right-of-way and depot grounds shall, upon filing a plat and survey thereof, with the director, and payment for depot grounds, b…

Rights-of-way for oil and gas companies. W.S. 37-9-202 and 37-9-203 shall also apply to all gas and petroleum oil corporations, companies and individuals, for the right-of-way ten (10) feet wide, through the school and other lands, over which the state has control, for the purpos…

Plats of survey to be filed. The secretary of state is hereby authorized to transfer to the office of the director all plats of survey which may have been filed in the office of the secretary of state under the provisions of W.S. 37-9-203 and 37-9-204, and from and after the pass…

Fireguards. It shall be the duty of every railroad corporation operating its line of road, or any part of it, within this state, upon its right-of-way upon each side of its roadbed, to maintain annually an effective fireguard upon order of and satisfactory to specifications set f…

Fireguards; penalty. (a) Any railroad corporation failing to comply with the provisions of W.S. 37-9-301 shall be liable to pay a penalty of one thousand dollars ($1,000.00) for each and every mile, or fractional mile, of any strips of land it neglects to treat as directed by the…

Fireguards; liability for damages. (a) Every railroad corporation operating its line of road, or any part of it, within this state, shall be liable for all damages by fire resulting from or caused by operating any such line of road together with suppression costs, established by …

Fences and cattle guards; generally. (a) All railway corporations, owning or operating a line of railway within the state, shall construct, maintain and keep in repair on each side of the track thereof, a sufficient fence which meets or exceeds department of transportation fencin…

Fences and cattle guards; liability for damages. Any corporation operating a railway and failing to fence the same and to construct and maintain suitable cattle guards as required by W.S. 37-9-304, shall be liable to the owner or owners of any livestock killed or injured by reaso…

Injury to stock; definitions. For the purpose of this article the terms "livestock" and "stock" shall include all classes of horses, asses, mules, cattle, sheep, swine, buffalo, beefalo, llamas and other domesticated animals.

Injury to stock; notice to owner; procedure if owner unknown. Any railroad corporation injuring or killing any livestock, by running any engine, car or cars, over or against the livestock, shall immediately notify the owner or owners, a brand inspector or the department of transp…

Injury to stock; owner to make sworn statement of value. Any person owning any livestock which is killed or injured, in the manner set forth in W.S. 37-9-307, shall within thirty (30) days after the person is notified of the killing or injuring, as provided in W.S. 37-9-307, furn…

Payment of claims; time; interest; costs. (a) Any railroad corporation liable for the payment of claims for damages from fire and livestock killed or injured shall either pay or reject the claim within sixty (60) days after notice and evidence of the claim is furnished by the cla…

Authority of department of transportation to adopt rules and regulations; information to be provided. The department of transportation shall adopt rules and regulations in accordance with the Wyoming Administrative Procedure Act prescribing standards for fireguards, fences and ca…

Spraying weeds on rights-of-way. It shall further be the duty of the railroad to spray noxious weeds on rights-of-way to prevent spread to adjoining lands.

Immediate or urgent fence repairs. (a) After notification to the railroad and the department of transportation by the landowner concerning any damaged fence or a fence in disrepair, the landowner shall have the right to be reimbursed by the railroad for the reasonable and customa…

Establishment of depots; when required; deviation to avoid establishment prohibited. No railroad company shall construct or operate a railroad within four (4) miles of any existing town or city without providing a suitable depot or stopping place at the nearest practicable point …

Establishment of depots; prosecution; notice to railroad. Whenever it shall come to the knowledge of the district attorney for any county in this state, or whenever complaint shall be made to such officer by any citizen or citizens thereof, that any railroad corporation or compan…

Establishment of depots; penalty. If, after the expiration of thirty (30) days from the service of the notice hereinbefore specified, the said railroad corporation or company still neglects or refuses to comply with the term of such notice and with the provisions of W.S. 37-9-401…