TOPEKA, KAN. (RFD-TV NEWS) — A recent Wyoming Supreme Court ruling highlights the importance of legally enforceable access to agricultural land, affirming a private road across neighboring property to reach a landlocked 640-acre parcel and upholding a $61,200 damages award to the affected landowner.
Roger McEowen with the Washburn School of Law said the case illustrates the distinction between having a physical route to a property and having a legal right to use that route.
“Access is essential to the economic value and the practical use of agricultural land,” McEowen said. “Farmers have to move equipment and harvest crops and manage livestock and transport products on the road, so they have to have access in and out of the field.”
Court Addresses Access to Landlocked Property
The case involved a 640-acre Wyoming parcel that lacked legally enforceable vehicle access from a public road. The property owner sought to establish a private road across a neighboring ranch under Wyoming law.
In his interview with RFD-TV, McEowen said the Wyoming Supreme Court upheld the road’s establishment after determining the property was legally landlocked.
The decision underscores that a parcel’s physical connection to surrounding land does not necessarily establish a legal right to access a public road.
“Simply owning land doesn’t guarantee a legal right to cross a neighbor’s property if you have a landlocked parcel,” McEowen said.
Without legally enforceable access, he said, agricultural land can lose substantial value and become difficult to farm or ranch effectively.
Review Deeds and Easements Before Buying Land
McEowen said farmers and ranchers can reduce the risk of costly access disputes by reviewing property deeds and title records before purchasing land.
He cautioned against assuming that an existing farm lane automatically provides a legal right of access.
“Don’t just assume that an existing farm lane gives you a legal right of access,” McEowen said.
He also recommended documenting easements carefully, including the route, permitted uses, and maintenance responsibilities.
Farm families should address access rights when dividing property among heirs, he added.
“Planning ahead is far less expensive than litigating access issues after it develops,” McEowen said.
How Courts Determine Compensation
When a private road crosses neighboring property, compensation is another important consideration.
In this case, the court upheld a $61,200 damages award to the affected landowner. McEowen said Wyoming uses a before-and-after appraisal approach to measure the change in the property’s value resulting from the road.
“The goal is to compensate the affected landowner for the resulting cost in that property value,” McEowen said.
He emphasized that compensation requirements depend on state law and the evidence presented in a case.
“The decision emphasizes that restrictions on damages have to be supported by the evidence,” McEowen said. “It has to be supported by local law.”
Lessons for Agricultural Landowners Nationwide
Although the ruling involves Wyoming law, McEowen said agricultural landowners in other states can take away an important lesson: verify legal access before purchasing or dividing property.
Access requirements and compensation rules vary by state, so landowners should not assume Wyoming’s procedures apply elsewhere.
“The big take-home is verify that legally enforceable access exists and address easements in your deeds and your succession plans,” McEowen said.
He said protecting access is just as important as protecting ownership because land that cannot be legally reached may be difficult to use, transfer, or sell.
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