I came across a situation in Wyoming where some county roads were established by resolution. The intended rights-of-way were surveyed and plats were prepared and placed on file for public record. All of the recorded documents use the term "right-of-way" as well as "easement". The question I have is this, when a county road is established by this method in Wyoming, is fee title of the roadbed passed to the county, or is the acquisition an easement right with the adjacent property owners retaining the underlying fee title? Thoughts?
"is fee title of the roadbed passed to the county, or is the acquisition an easement right with the adjacent property owners retaining the underlying fee title? "
Even though I am not a Wyoming Surveyor, I may have found an answer. In Title 24 - Highways section 24-2-109 - Part (a) it states "...When the state highway is defined and designated by resolution entered in the records of the commission, all title and interest of the respective counties, in the road and right-of-way designated, shall pass to and vest in the transportation commission of Wyoming."
Now, this does not specifically mention adjacent property owners, but the intent here is to convey title to the underlying fee interest from one party(s) to the transportation commission (which may, or not be, the county). This is due to the words "all title and interest". By my understanding, this is a rough definition of a fee simple transfer of title.
If the transfer deed has language that limits the use such as for right-of-way purposes, it will be an easement. That is what it appears to be like you are describing & if so the unique proprietor would have fee-title & the dirt would revert back to them if the public agency vacates or abandons the road.
"...When the state highway is defined and designated by resolution entered in the records of the commission, all title and interest of the respective counties, in the road and right-of-way designated, shall pass to and vest in the transportation commission of Wyoming."
That only means whatever the county had, passes to the state. If the county only had an easement, that is all that passes to the state.
In PA, the official document, and it is not recorded per se at the courthouse, of taking fee title to state highways, is the official set of plans with the governor's signature on the first page. When I am referencing such a taking, I reference the title and date of sheet 1 with the governor's signature and the specific sheet numbers referencing the parcel.
