State Codes and Statutes

Statutes > Wyoming > Title36 > Chapter12

CHAPTER 12 - STATE CONTROL OF CERTAIN LAND

 

36-12-101. Legislative determinations.

 

 

(a) The legislature determines:

 

(i) The intent of the framers of the constitution of the UnitedStates was to guarantee to each of the states sovereignty over all matterswithin its boundaries except for those powers specifically granted to theUnited States as agent of the states;

 

(ii) The attempted imposition upon the state of Wyoming by thecongress of the United States of a requirement in the Statehood Act that thestate of Wyoming and its people "disclaim all right and title to any landsor other property not granted or confirmed to the state or its politicalsubdivisions by or under the authority of this act, the right or title to whichis held by the United States or is subject to disposition by the UnitedStates", as a condition precedent to acceptance of Wyoming into the Union,was an act beyond the power of the congress of the United States and is thusvoid;

 

(iii) The purported right of ownership and control of theunappropriated public land in the state of Wyoming by the United States iswithout foundation and violates the clear intent of the constitution of theUnited States; and

 

(iv) The exercise of that dominion and control of the publicland in the state of Wyoming by the United States works a severe, continuousand debilitating hardship upon the people of the state of Wyoming.

 

36-12-102. Management.

 

 

(a) Upon transfer to the state of Wyoming [of] the jurisdictionand ownership of lands and mineral resources subject to this act, the boardshall manage such in an orderly manner in trust for the optimum benefit and useof all the people of Wyoming and in conformity with established concepts ofmultiple use and sustained yield which will permit the development of uses foragriculture, grazing, recreation, minerals, timber, and the development,production and transmission of energy and other public utility services. Itshall be managed in such a manner as to permit the conservation and protectionof watersheds and wildlife habitat, and historic, scenic, fish and wildlife,recreational and natural values.

 

(b) The board of land commissioners shall develop a plan forthe transfer and management of lands and minerals subject to this act. Thisplan will be submitted to the governor and legislature prior to January 1, 1983and will be subject to their approval. Such a management plan shall consider:

 

(i) Management of the land pursuant to subsection (a);

 

(ii) Policy and program regarding disposal, lease or exchange ofany lands or resources acquired pursuant to this act;

 

(iii) Policy and program regarding public access to use of suchlands;

 

(iv) Conservation of lands for wildlife habitat or recreationalpurposes; and

 

(v) Program regarding use or transfer of lands tomunicipalities and other governmental entities for public purposes.

 

(c) As used in this section:

 

(i) Sustained yield means the maintenance of a high-levelannual or regular periodic output of the various renewable resources of thestate lands consistent with multiple use;

 

(ii) Multiple use means the management of the land in acombination of balanced and diverse resource uses that takes into account thelong-term needs for renewable and nonrenewable resources, including but notlimited to recreation, range, timber, minerals, watershed, wildlife and fish,natural, scenic, scientific and historical values, and the coordinatedmanagement of the resources without permanent impairment of the productivity ofthe land or the quality of the environment.

 

36-12-103. Property of the state.

 

Subjectto valid existing rights of applicants for land, after March 30, 1980, allfederal land in the state except as set forth in W.S. 36-12-109 and all waterand mineral rights appurtenant not previously appropriated are the exclusiveproperty of the state and subject to its jurisdiction and control.

 

36-12-104. Existing rights under federal law.

 

Untilequivalent measures are enacted by the legislature, the rights and privilegesof the people of this state granted under the provisions of existing federallaw are preserved under administration by the board of land commissioners.

 

36-12-105. Interstate compacts.

 

Landin the state which has been administered by the United States under interstatecompacts will continue to be administered by the state in conformity with thosecompacts.

 

36-12-106. Multiple use.

 

Theland shall be used to foster, promote and encourage the optimum development ofthe state's human, industrial, mineral, agricultural, water, wildlife andwildlife habitat, timber and recreational resources.

 

36-12-107. Proceeds to the general fund.

 

Theproceeds of sales, fees, rents, royalties or other receipts from the land paidto the state under this act shall be deposited in the general fund.

 

36-12-108. Enforcement of provisions; civil actions; penalties.

 

 

(a) The state has exclusive jurisdiction to enforce theprovisions of this act.

 

(b) An individual may institute a civil action to recoverdamages for injury or loss sustained as the result of a violation of theprovisions of this act.

 

(c) Any person who attempts to exercise jurisdiction over landsecured under this act in a manner not permitted by the laws of the state isguilty of a felony punishable by imprisonment for not less than two (2) yearsnor more than ten (10) years.

 

36-12-109. Definition.

 

 

(a) As used in this act "land" means all land andwater within the exterior boundaries of the state of Wyoming except land andwater:

 

(i) To which title is held by a private person or entity;

 

(ii) To which title was held by the state or a municipality inthe state before March 1, 1980;

 

(iii) Which is controlled by the United States department ofdefense on March 1, 1980;

 

(iv) Which was a national park, national monument, land held intrust for Indians, wildlife refuge or wilderness area established prior toJanuary 1, l980.

 

State Codes and Statutes

Statutes > Wyoming > Title36 > Chapter12

CHAPTER 12 - STATE CONTROL OF CERTAIN LAND

 

36-12-101. Legislative determinations.

 

 

(a) The legislature determines:

 

(i) The intent of the framers of the constitution of the UnitedStates was to guarantee to each of the states sovereignty over all matterswithin its boundaries except for those powers specifically granted to theUnited States as agent of the states;

 

(ii) The attempted imposition upon the state of Wyoming by thecongress of the United States of a requirement in the Statehood Act that thestate of Wyoming and its people "disclaim all right and title to any landsor other property not granted or confirmed to the state or its politicalsubdivisions by or under the authority of this act, the right or title to whichis held by the United States or is subject to disposition by the UnitedStates", as a condition precedent to acceptance of Wyoming into the Union,was an act beyond the power of the congress of the United States and is thusvoid;

 

(iii) The purported right of ownership and control of theunappropriated public land in the state of Wyoming by the United States iswithout foundation and violates the clear intent of the constitution of theUnited States; and

 

(iv) The exercise of that dominion and control of the publicland in the state of Wyoming by the United States works a severe, continuousand debilitating hardship upon the people of the state of Wyoming.

 

36-12-102. Management.

 

 

(a) Upon transfer to the state of Wyoming [of] the jurisdictionand ownership of lands and mineral resources subject to this act, the boardshall manage such in an orderly manner in trust for the optimum benefit and useof all the people of Wyoming and in conformity with established concepts ofmultiple use and sustained yield which will permit the development of uses foragriculture, grazing, recreation, minerals, timber, and the development,production and transmission of energy and other public utility services. Itshall be managed in such a manner as to permit the conservation and protectionof watersheds and wildlife habitat, and historic, scenic, fish and wildlife,recreational and natural values.

 

(b) The board of land commissioners shall develop a plan forthe transfer and management of lands and minerals subject to this act. Thisplan will be submitted to the governor and legislature prior to January 1, 1983and will be subject to their approval. Such a management plan shall consider:

 

(i) Management of the land pursuant to subsection (a);

 

(ii) Policy and program regarding disposal, lease or exchange ofany lands or resources acquired pursuant to this act;

 

(iii) Policy and program regarding public access to use of suchlands;

 

(iv) Conservation of lands for wildlife habitat or recreationalpurposes; and

 

(v) Program regarding use or transfer of lands tomunicipalities and other governmental entities for public purposes.

 

(c) As used in this section:

 

(i) Sustained yield means the maintenance of a high-levelannual or regular periodic output of the various renewable resources of thestate lands consistent with multiple use;

 

(ii) Multiple use means the management of the land in acombination of balanced and diverse resource uses that takes into account thelong-term needs for renewable and nonrenewable resources, including but notlimited to recreation, range, timber, minerals, watershed, wildlife and fish,natural, scenic, scientific and historical values, and the coordinatedmanagement of the resources without permanent impairment of the productivity ofthe land or the quality of the environment.

 

36-12-103. Property of the state.

 

Subjectto valid existing rights of applicants for land, after March 30, 1980, allfederal land in the state except as set forth in W.S. 36-12-109 and all waterand mineral rights appurtenant not previously appropriated are the exclusiveproperty of the state and subject to its jurisdiction and control.

 

36-12-104. Existing rights under federal law.

 

Untilequivalent measures are enacted by the legislature, the rights and privilegesof the people of this state granted under the provisions of existing federallaw are preserved under administration by the board of land commissioners.

 

36-12-105. Interstate compacts.

 

Landin the state which has been administered by the United States under interstatecompacts will continue to be administered by the state in conformity with thosecompacts.

 

36-12-106. Multiple use.

 

Theland shall be used to foster, promote and encourage the optimum development ofthe state's human, industrial, mineral, agricultural, water, wildlife andwildlife habitat, timber and recreational resources.

 

36-12-107. Proceeds to the general fund.

 

Theproceeds of sales, fees, rents, royalties or other receipts from the land paidto the state under this act shall be deposited in the general fund.

 

36-12-108. Enforcement of provisions; civil actions; penalties.

 

 

(a) The state has exclusive jurisdiction to enforce theprovisions of this act.

 

(b) An individual may institute a civil action to recoverdamages for injury or loss sustained as the result of a violation of theprovisions of this act.

 

(c) Any person who attempts to exercise jurisdiction over landsecured under this act in a manner not permitted by the laws of the state isguilty of a felony punishable by imprisonment for not less than two (2) yearsnor more than ten (10) years.

 

36-12-109. Definition.

 

 

(a) As used in this act "land" means all land andwater within the exterior boundaries of the state of Wyoming except land andwater:

 

(i) To which title is held by a private person or entity;

 

(ii) To which title was held by the state or a municipality inthe state before March 1, 1980;

 

(iii) Which is controlled by the United States department ofdefense on March 1, 1980;

 

(iv) Which was a national park, national monument, land held intrust for Indians, wildlife refuge or wilderness area established prior toJanuary 1, l980.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title36 > Chapter12

CHAPTER 12 - STATE CONTROL OF CERTAIN LAND

 

36-12-101. Legislative determinations.

 

 

(a) The legislature determines:

 

(i) The intent of the framers of the constitution of the UnitedStates was to guarantee to each of the states sovereignty over all matterswithin its boundaries except for those powers specifically granted to theUnited States as agent of the states;

 

(ii) The attempted imposition upon the state of Wyoming by thecongress of the United States of a requirement in the Statehood Act that thestate of Wyoming and its people "disclaim all right and title to any landsor other property not granted or confirmed to the state or its politicalsubdivisions by or under the authority of this act, the right or title to whichis held by the United States or is subject to disposition by the UnitedStates", as a condition precedent to acceptance of Wyoming into the Union,was an act beyond the power of the congress of the United States and is thusvoid;

 

(iii) The purported right of ownership and control of theunappropriated public land in the state of Wyoming by the United States iswithout foundation and violates the clear intent of the constitution of theUnited States; and

 

(iv) The exercise of that dominion and control of the publicland in the state of Wyoming by the United States works a severe, continuousand debilitating hardship upon the people of the state of Wyoming.

 

36-12-102. Management.

 

 

(a) Upon transfer to the state of Wyoming [of] the jurisdictionand ownership of lands and mineral resources subject to this act, the boardshall manage such in an orderly manner in trust for the optimum benefit and useof all the people of Wyoming and in conformity with established concepts ofmultiple use and sustained yield which will permit the development of uses foragriculture, grazing, recreation, minerals, timber, and the development,production and transmission of energy and other public utility services. Itshall be managed in such a manner as to permit the conservation and protectionof watersheds and wildlife habitat, and historic, scenic, fish and wildlife,recreational and natural values.

 

(b) The board of land commissioners shall develop a plan forthe transfer and management of lands and minerals subject to this act. Thisplan will be submitted to the governor and legislature prior to January 1, 1983and will be subject to their approval. Such a management plan shall consider:

 

(i) Management of the land pursuant to subsection (a);

 

(ii) Policy and program regarding disposal, lease or exchange ofany lands or resources acquired pursuant to this act;

 

(iii) Policy and program regarding public access to use of suchlands;

 

(iv) Conservation of lands for wildlife habitat or recreationalpurposes; and

 

(v) Program regarding use or transfer of lands tomunicipalities and other governmental entities for public purposes.

 

(c) As used in this section:

 

(i) Sustained yield means the maintenance of a high-levelannual or regular periodic output of the various renewable resources of thestate lands consistent with multiple use;

 

(ii) Multiple use means the management of the land in acombination of balanced and diverse resource uses that takes into account thelong-term needs for renewable and nonrenewable resources, including but notlimited to recreation, range, timber, minerals, watershed, wildlife and fish,natural, scenic, scientific and historical values, and the coordinatedmanagement of the resources without permanent impairment of the productivity ofthe land or the quality of the environment.

 

36-12-103. Property of the state.

 

Subjectto valid existing rights of applicants for land, after March 30, 1980, allfederal land in the state except as set forth in W.S. 36-12-109 and all waterand mineral rights appurtenant not previously appropriated are the exclusiveproperty of the state and subject to its jurisdiction and control.

 

36-12-104. Existing rights under federal law.

 

Untilequivalent measures are enacted by the legislature, the rights and privilegesof the people of this state granted under the provisions of existing federallaw are preserved under administration by the board of land commissioners.

 

36-12-105. Interstate compacts.

 

Landin the state which has been administered by the United States under interstatecompacts will continue to be administered by the state in conformity with thosecompacts.

 

36-12-106. Multiple use.

 

Theland shall be used to foster, promote and encourage the optimum development ofthe state's human, industrial, mineral, agricultural, water, wildlife andwildlife habitat, timber and recreational resources.

 

36-12-107. Proceeds to the general fund.

 

Theproceeds of sales, fees, rents, royalties or other receipts from the land paidto the state under this act shall be deposited in the general fund.

 

36-12-108. Enforcement of provisions; civil actions; penalties.

 

 

(a) The state has exclusive jurisdiction to enforce theprovisions of this act.

 

(b) An individual may institute a civil action to recoverdamages for injury or loss sustained as the result of a violation of theprovisions of this act.

 

(c) Any person who attempts to exercise jurisdiction over landsecured under this act in a manner not permitted by the laws of the state isguilty of a felony punishable by imprisonment for not less than two (2) yearsnor more than ten (10) years.

 

36-12-109. Definition.

 

 

(a) As used in this act "land" means all land andwater within the exterior boundaries of the state of Wyoming except land andwater:

 

(i) To which title is held by a private person or entity;

 

(ii) To which title was held by the state or a municipality inthe state before March 1, 1980;

 

(iii) Which is controlled by the United States department ofdefense on March 1, 1980;

 

(iv) Which was a national park, national monument, land held intrust for Indians, wildlife refuge or wilderness area established prior toJanuary 1, l980.

 

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