Belle Fourche Pipeline Co. v. State

THOMAS, Justice.

The problem that must be solved in this appeal is whether a long-term lessee of land or the holder of a right-of-way easement is a “surface landowner” or “surface owner,” alluded to in §§ 35-ll-406(b)(xii) and 35-11-416, W.S.1977, and entitled to the protection of the statutory provisions requiring consent of a “surface landowner” and the posting of a bond to protect the “surface owner or owners.” Collateral questions are presented with respect to whether an administrative agency is required to consider questions raised concerning the validity of its rules in the context of a…