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Dry county

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This article is about counties in the U.S. that prohibit alcoholic beverage sales. For the Bon Jovi song, see Dry County (song).
Incomplete map of dry counties. Information may be outdated.
  Dry counties
  Partially dry counties
  Wet counties
  Wet counties

A dry county is a county in the United States whose government forbids the sale of alcoholic beverages. Some prohibit off-premises sale, some prohibit on-premises sale, and some prohibit both. Hundreds of dry counties exist across the United States, although most commonly in the South. A number of smaller jurisdictions also exist, such as cities, towns and townships, which prohibit the sale of alcoholic beverages. These are known as dry towns, dry cities or dry townships.

Background

History

Although the 21st Amendment repealed the prohibition of alcohol on the federal level, that Amendment also specifically prohibits the selling or production of alcohol in violation of local laws. Some local governments which had passed local laws prohibiting alcohol during national prohibition never re-legalized the sale of alcohol, maintaining a "dry" market.[citation needed]

Many dry communities do not generally prohibit the mere consumption of alcohol, thus potentially losing profits and taxes from the sale of alcohol to their residents to "wet" — or non-prohibition — areas. The rationale for maintaining prohibition on the local level often is religious in nature, as many Protestant Christian denominations discourage the consumption of alcohol by their followers (see Christianity and alcohol) (see also sumptuary law). Similar laws designed to restrict the sale and consumption of alcohol also are common in the mostly LDS (Mormon) state of Utah, although Utah prohibits local jurisdictions from exercising control over liquor laws. An additional, more pragmatic intent of these laws often is to reduce alcohol consumption in that particular county (and the potential health, safety, and public order issues that can accompany it) by limiting the ease of acquiring it.

Transport

It once had been considered that, because of the 21st Amendment, which repealed national prohibition and made alcohol prohibition a state matter rather than a federal one, states had the power to regulate interstate commerce with respect to alcohol traveling to, from, or through their jurisdiction. While the 21st Amendment does give states the power to ban alcohol, that power is not absolute. The Supreme Court of the United States held in Granholm v. Heald 544 U.S. 460 (2005) that states do not have the power to regulate interstate shipments of alcoholic beverages. Therefore, it may be likely that city, county, or state legislation banning possession of alcoholic beverages by passengers of vehicles operating in interstate commerce (such as trains and interstate bus lines) would be unconstitutional, were passengers on such vehicles simply passing through the area.

Today

A 2004 survey by the National Alcoholic Beverage Control Association found that over 500 municipalities in the United States are dry, including 83 in Alaska. Almost one-half of Mississippi's counties are dry. Its alcohol laws are similarly complex. It is also illegal to transport unopened containers of alcohol across any dry county in the state.[citation needed] In Florida, five out of 67 counties are dry (they are Lafayette, Liberty, Madison, Suwannee, and Washington) all of which are located in the northern part of the state, an area that has cultural ties to the Deep South.

Criticism of local "dry laws"

However, prohibiting alcohol sales may actually reduce public safety. Research has found that dry counties have higher proportions of alcohol-related traffic crashes than do wet counties. A study of Kentucky suggested that residents of dry counties have to drive farther from their homes to consume alcohol, thus increasing impaired driving exposure.[1] A study of Arkansas noted that wet and dry counties are often adjacent and that alcohol beverage sales outlets are often located immediately across county or even state lines.[2] Other researchers have pointed to the same phenomenon. Winn and Giacopassi observed that residents of wet counties most likely have "shorter distances [to travel] between home and drinking establishments."[3] From their study, Schulte and colleagues concluded that in dry counties "individuals are driving farther under the influence of alcohol, thus increasing their exposure to crashes."[4]

Dry communities by state

Alabama

Of the 67 counties in Alabama, 14 are completely dry, 12 are partially dry or "moist" (these counties contain cities that have voted to allow alcohol sales), and 41 are completely wet.[5] Within those 12 "moist" counties, 16 city governments have legalized alcohol sales inside their city limits.

  • In order for an Alabama city or county to hold a wet-dry vote, 25% of the voters in the preceding general election must sign a petition requesting a vote.[6] Petitions can be made to go from dry to wet or wet to dry.
  • In dry counties, it is illegal to transport more than one case of beer and three quarts of liquor.[7]

Alaska

  • State law allows each village to decide on restrictions, although some boroughs may prohibit it altogether.[8]

Arkansas

  • In Arkansas, some cities, like Jacksonville, are dry despite being located in a "wet" county. In nearby North Little Rock, the distinction of areas is even more specific, with a single township inside the city designated as a dry area.
  • Benton County, Arkansas, in the northwest corner of the state, is considered the "wettest" of the dry counties with 110 private club permits, according to an article by John C. Williams in the Arkansas Times dated February 19, 2008. Second is Craighead County with 21 permits, followed by Faulkner County with 20. Benton County, home to Fortune 500 companies Wal-Mart and J.B. Hunt, also has the second highest population of any county in the state (est. at 196,045 for 2006) and the lowest poverty rate of any county in the state (at 9.1% for 2004).[citation needed]

Arizona

Connecticut

  • In December, 2005, Bridgewater became the last remaining "dry town" in the state.
  • Wilton was a "dry town" until 1992 when voters repealed the prohibition laws, allowing limited restaurants a license to serve alcohol. However, Wilton still does not allow the sale of liquor in any stores within its municipality.
  • While not legally "dry", Easton does not sell alcoholic beverages in either its stores or restaurants.

Florida

There are five dry counties in Florida, all are rural and are part of dixie south.

Georgia

  • Murray County, in northwest Georgia, is a dry county, although the city of Eton allows the sale of liquor at a local level. Hart County in northeast Georgia is currently a dry county which prohibits the sale of liquor, yet a referendum will be voted on in the general election on November 6, 2007 to allow the sale of liquor by the drink.
  • White County, in northeast Georgia, is a dry county except in the city limits of Helen, Georgia. In Helen alcohol can be served and sold, and is known to be a DUI trap, as there is only a single route into and out of town, along Georgia State Route 75.
  • Dawson County, was historically noted for being a heavy Moonshine county but was a dry county until recently with the first package store opening on July 27, 2007.
  • Bulloch County, Georgia is a partially dry county.
  • Coweta County, Georgia is a partially dry county.
  • Union County, Is a dry County

Illinois

  • The village of South Holland, Illinois, has been a dry municipality since it was founded by Dutch Reformed immigrants in 1894. It is likely that Illinois state law, which requires all communities to abide by the state liquor law, supersedes this law (see below).

Kansas

See also: Alcohol laws of Kansas

Kansas had prohibition longer than any other state, from 1881 to 1948, and continued to prohibit bars selling liquor by the drink until 1987. Both the 1948 amendment to the Kansas Constitution which ended prohibition and the 1986 amendment which allowed for open saloons provided that the amendments only would be in effect in counties which had approved the respective amendments, either during the election over the amendment itself or subsequently.

All counties in Kansas have approved the 1948 amendment, but 29 dry counties never approved the 1986 amendment and therefore continue to prohibit any and all sale of liquor by the drink.[9] Public bars (so-called "open saloons") are illegal in these dry counties. Another 59 counties (including Johnson County, the largest county in Kansas and the largest Kansas portion of the Kansas City Metropolitan Area) approved the 1986 amendment but with a requirement that to sell liquor by the drink, an establishment must receive 30% of its gross revenues from food sales.[10] Only 17 counties in Kansas approved the 1986 amendment without any limitation, allowing liquor to be sold by the drink without any food sales requirement.[11]

Kentucky

Main article: Alcohol laws of Kentucky

Of the 120 counties in Kentucky, 53 are completely dry, 37 are considered partially dry or "moist", 29 are entirely wet, and one is classified as wet but is actually closer to "moist".[12] A county can be "moist" in several different ways:

Massachusetts

Michigan

  • Wayne County, Michigan, whose county seat is Detroit, is notable in that one cannot buy alcoholic beverages in any gas station there, possibly as a motive to discourage drunk driving. The 7-Eleven gas stations there are the only 7-Elevens in Michigan that do not sell alcohol.
  • Ottawa County does not allow beer or wine sales on Sunday.
  • Hudsonville, Michigan, voted to allow alcohol sales on November 6, 2007, ending its run as the last dry city in Michigan. Hudsonville's vote follows the precedent of voters in both Zeeland, Michigan, and Allendale Township, choosing to overturn their bans on alcohol sales in recent years. [13]
  • Michigan prohibits the sale of alcoholic beverages before noon on Sundays.

Minnesota

  • Dassel, Minnesota prohibits any establishments from selling liquor stronger than 3.2 beer.
  • Minnesota prohibits the sale of liquor on Sundays.

New Jersey

  • Ocean City, a major beach-side resort, is dry, and uses this fact to promote itself to tourists as family-friendly. Wildwood Crest is also dry, although Wildwood itself is not.
  • There are several other dry communities in the southern part of the state, mostly a result of Quaker influence, including Moorestown, Collingswood, Haddonfield, Pitman, and Haddon Heights

Nevada

  • The town of Panaca, Nevada, was southern Nevada's first permanent settlement, founded as a Mormon colony in 1864. It originally was part of Washington County, Utah, but the Congressional redrawing of boundaries in 1866 shifted Panaca into Nevada. It remains Nevada's only dry municipality, only because it is grandfathered into state law.

North Carolina

Ohio

  • The city of Westerville, Ohio, was dry for more than a century. Once the home of the Anti-Saloon League and called the "dry capital of the world", the first legal drink in recent times was served in 2006.
  • The village of Bethel in Clermont County has been dry since the repeal of prohibition. But recently, through use of the single precinct vote system, precincts A and C can now sell (but not serve) alcohol. Business must first be put onto the ballot and voted into permitation.

Oregon

  • The city of Monmouth, Oregon was the last dry municipality on the Pacific coast outside of Alaska until it repealed its prohibition on January 10, 2003. Oregon state law now prohibits any dry community from existing (see below).
  • Throughout the state of Oregon, beer, wine, wine coolers, malt liquor and similar beverages may be purchased in a convenience store, grocery store and similar outlets. However, sales of "hard" liquor are restricted to state-controlled outlets, as well as bars, or restaurants that include a bar. As such, there are relatively few stand-alone liquor stores in Oregon (for example, as of March 18th 2008, there were only 35 stand-alone liquor stores in the city of Portland, Oregon, which had a 2000 population of 529,000 residents). Oregon also has taverns that sell beer and wine only. All outlets selling "hard" liquor are subject to the rules and regulations of the state-run Oregon Liquor Control Commission (OLCC). By law, any establishment wishing to sell any alcoholic beverage in the state of Oregon must also offer food for sale, including bars, taverns, music venues, fairs and festivals, and so-called strip clubs. Oregon is one of 18 states that directly control the sales of alcohol beverages in the U.S.

Pennsylvania

  • In Pennsylvania, one cannot buy beer or wine in a grocery store or a convenience store. Wine and spirits are sold only in state owned/operated liquor stores, while beer is sold only by state licensed independent beer distributors. Non-alcoholic beer can be bought in grocery stores and convenience stores, but even then one has to be 21 to buy it, perhaps defeating the purpose of producing beer without alcohol.
  • The state has a number of dry municipalities. Perhaps most notable is Grove City, although students at the College go to drink in either Mercer or Slippery Rock.

Tennessee

Putnam, Campbell, Cumberland, Hancock, Sevier and White are also dry counties.

Texas

Of Texas's 254 counties, 46 are completely dry, 169 are partially dry or "moist", and 39 are entirely wet. The vast majority of entirely wet counties are in southern border regions of Texas near Mexico, or in the south central part of the state. The patchwork of laws can be confusing, even to residents. In some counties, only 4% beer is legal. In others, beverages that are 14% or less alcohol are legal. In some "dry" areas, a customer can get a mixed drink by paying to join a "private club," and in some "wet" areas a customer needs a club membership to purchase liquor by-the-drink, reports the Fort Worth Star-Telegram.

The newspaper demonstrates how variable the alcohol laws can be, even within small geographic areas. "Move from Fort Worth to Arlington and you’ll be surprised that you can buy beer but not wine at the grocery store. Move to Grand Prairie and you can’t even find beer there, but you can buy alcoholic drinks at restaurants in both towns. Then move to Burleson, which has alcohol sales in the Tarrant County portion of the city but not in the Johnson County side of town."[14]

Wisconsin

  • The village of Ephraim, Wisconsin, is the only dry municipality in Wisconsin; it has been dry since its founding in the mid-nineteenth century, and its anti-liquor laws have been upheld decisively in two referenda (in 1934 and 1992).

States which permit localities to go dry

33 states have laws which allow localities to prohibit the sale (and in some cases, consumption and possession) of liquor. Still, many of these states have no dry communities. Three states, Kansas, Mississippi, and Tennessee, are entirely dry by default: counties specifically must authorize the sale of alcohol in order for it to be legal and subject to state liquor control laws.

  • Alabama specifically allows cities and counties to elect to go dry by public referendum.[15]
  • Alaska specifically allows local jurisdictions to elect to go dry by public referendum.[16]
  • Arkansas specifically allows local jurisdictions to elect to go dry by public referendum.[17]
  • California specifically allows local jurisdictions to enact liquor laws which are more strict than state law.[18]
  • Colorado specifically allows cities and counties to exercise a local option by public referendum whether to go dry.[19]
  • Connecticut specifically allows towns to exercise a local option by public referendum whether to go dry.[20]
  • Delaware's state constitution allows specifically-defined local districts to elect to go dry by public referendum.[21]
  • Florida specifically allows counties to elect to go dry by public referendum.[22]
  • Georgia specifically allows any local jurisdiction to go dry, without limitation on how that decision is made.[23]
  • Idaho allows local jurisdictions to prohibit sale of liquor by the drink by public referendum,[24], but because all retail package sales are controlled by the state, no local jurisdiction may prohibit package liquor sales for consumption off-premises.
  • Kansas is dry by default; counties have to choose to allow liquor sales in order for liquor to be sold at all in the county.[25] (see Alcohol laws of Kansas)
  • Kentucky specifically allows local jurisdictions to elect to go dry by public referendum.[26] The Kentucky Constitution implies that the default wet/dry status of any local subdivision reflects the state of its local laws at the time that statewide prohibition ended.[27]
  • Louisiana specifically allows local jurisdictions to go dry, without limitation on how that decision is made.[28]
  • Maine specifically allows local jurisdictions to elect to go dry by public referendum.[29]
  • Massachusetts requires that a series of questions of whether to go dry be placed on each municipality's local ballot every two years, unless the municipality has voted to allow or prohibit liquor sales in three such consecutive elections.[30]
  • Michigan allows any city, village, or township in which there are no retail liquor licenses to prohibit the retail sale of alcoholic liquor within its borders by passage of an ordinance.[31]
  • Minnesota allows any local jurisdiction to enact laws which are more strict than state liquor law, including completely prohibiting the sale, possession, and consumption of alcoholic beverages.[32] In addition, when the 21st Amendment was enacted to end national Prohibition, the state was one of only 6 to continue to have a regulatory framework for 3.2 beer, due to the fact that the 1933 federal law, The Non-Intoxicating Beverage Act, capped the alcohol limit on beer to 3.2 percent. To this day, no non-liquor stores in Minnesota, including convenience and grocery stores, can legally sell alcoholic beverages beyond 3.2 beer.
  • Mississippi is dry by default; local jurisdictions have to choose to allow liquor sales in order for liquor to be sold at all in the county.[33]
  • New Hampshire specifically allows local jurisdictions to elect to go dry by public referendum.[34]
  • New Jersey specifically allows local jurisdictions to exercise full control over alcoholic beverages, including completely prohibiting all alcohol.[35]
  • New Mexico is wet by default, however dry on Sundays until Noon. It is however allowed for local jurisdictions to elect to go dry by public referendum.[36]
  • New York specifically allows cities and counties to exercise a local option by public referendum whether to go dry.[37] (see Alcohol laws of New York)
  • North Carolina allows certain classes of local jurisdictions to exercise a local option by public referendum whether to go dry.[38] (see Alcohol laws of North Carolina)
  • Ohio state law allows local jurisdictions to exercise a local option by public referendum whether to prohibit the sale of liquor.[39]
  • Rhode Island state law allows local jurisdictions to exercise a local option by public referendum whether to prohibit the sale of liquor.[40]
  • South Dakota allows certain classes of local jurisdictions to exercise a local option by public referendum whether to prohibit the on-premises sale of liquor.[41]
  • Tennessee is dry by default; local jurisdictions must choose whether to allow liquor sales in order for liquor to be sold.[42]
  • Texas allows local jurisdictions to exercise a local option to decide whether it is "wet" or "dry," and does not limit how that decision shall be made.[43]
  • Vermont allows municipalities to exercise a local option by public referendum whether to prohibit the sale of liquor.[44]
  • Virginia allows local jurisdictions to exercise a local option by public referendum whether to prohibit the sale of liquor.[45]
  • Washington allows local jurisdictions to exercise a local option by public referendum whether to prohibit the sale of liquor.[46]
  • West Virginia allows local jurisdictions to exercise a local option by public referendum whether to prohibit the sale of liquor.[47]
  • Wisconsin allows local jurisdictions to exercise a local option by public referendum whether to prohibit the sale of liquor.[48]

States which preclude dry communities

Seventeen states have laws which preclude the existence of any dry counties whatsoever:

  • Arizona prohibits local jurisdictions from enacting any alcohol laws stricter than state law.[49] As a result, no dry communities can exist in Arizona.
  • Hawaii does not allow for any local control of liquor beyond licensing of manufacture and sale.[50]
  • Illinois only allows for local control as to the "number, kind and classification of licenses, for sale at retail of alcoholic liquor," but such local control cannot supersede state law, thereby preventing any local jurisdiction from going dry.[51]
  • Indiana's comprehensive state alcohol laws only allows local liquor boards to issue liquor licenses for sale and manufacture; all other regulation of alcohol is an operation of state law.[52]
  • Iowa state law specifically requires each county's liquor board to allow liquor licenses and follow the provisions of state liquor law.[53] As a result, there can be no dry cities or counties in Iowa.
  • Maryland prohibits local jursidictions from imposing restrictions on licensing which are more strict than state law.[54]
  • Missouri state law specifically prohibits any counties, or unincorporated city or town from banning the retail sale of liquor, but only allows incorporated cities to ban the sale of liquor by the drink by public referendum.[55] No incorporated Missouri cities have ever chosen to hold a referendum banning alcohol sales. In addition, Missouri state law specifically supersedes any local laws that restrict the sale of alcohol.[56] (see Alcohol laws of Missouri)
  • Montana state law vests control of alcoholic beverages solely in the power of the state.[57]
  • Nebraska only grants local governing bodies authority to approve applications and deny licenses pursuant to state law.[58]
  • Nevada state law specifically requires each county's board of county commissioners to allow liquor licenses and follow the provisions of state liquor law.[59] As a result, there can be no dry cities or counties in Nevada, except that a few rural jurisdictions in are grandfathered into the ability to still be partially or totally dry.
  • North Dakota state law provides that each local jurisdiction's liquor board must allow liquor licenses, and sets the range of allowable fees.[60]
  • Oklahoma state law requires the liquor ordinances of municipalities and counties to conform to the state Alcoholic Beverage Control Act, and prohibits local jurisdictions from enacting penalties more severe than those of the state law.[61] As a result, there can be no dry cities or counties in Oklahoma. (see Alcohol laws of Oklahoma)
  • Oregon's Liquor Control Act, which is "designed to operate uniformly throughout the state," specifically replaces and supersedes "any and all municipal charter enactments or local ordinances inconsistent with it," thereby precluding dry communities in Oregon.[62]
  • Pennsylvania state law vests control of alcoholic beverages solely in the power of the state.[63]
  • South Carolina state law vests control of alcoholic beverages exclusively in the power of the state.[64]
  • Utah state law provides that local jurisdictions only may enact alcohol control legislation which does not conflict with state law, thereby precluding the ability of communities to go dry.[65]
  • Wyoming state law provides that each local jurisdiction's liquor board must allow liquor licenses.[66]

References

  1. ^ Gary, S.L.S., et al. Consideration of driver home county prohibition and alcohol-related vehicle crashes. Accident Analysis and Prevention, 2003, 35(5), 641-648.
  2. ^ Combs, H. Jason. The wet-dry issue in Arkansas. The Pennsylvania Geographer, 2005, 43(2), 66-94.
  3. ^ Winn, Russell and Giacopassi, David. Effects of county-level alcohol prohibition on motor vehicle accidents. Social Science Quarterly, 1993, 74, 783-792.
  4. ^ Schulte, G., et al. Consideration of driver home county prohibition and alcohol-related vehicle crashes. Accident Analysis & Prevention, 1993, 35(5), 641-648. [1]
  5. ^ Alabama.
  6. ^ Code of Alabama.
  7. ^ Alabama liquor laws.
  8. ^ [2].
  9. ^ Kansas Department of Revenue: Counties with No Liquor by the Drink
  10. ^ Kansas Department of Revenue: Wet Counties - Counties with Liquor by the Drink with 30% Food Requirement
  11. ^ Kansas Department of Revenue: Wet Counties - Counties wih Liquor by the Drink and No Food Requirement
  12. ^ "Wet & Dry Counties in Kentucky" (PDF). Kentucky Office of Alcoholic Beverage Control. 2007-11-26. Retrieved 2008-03-08. {{cite web}}: Check date values in: |date= (help)
  13. ^ "City chooses booze to spark growth". Muskegon Chronicle (Muskegon, MI). November 7, 2007. {{cite web}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help); Unknown parameter |accessmonthday= ignored (help); Unknown parameter |accessyear= ignored (|access-date= suggested) (help)
  14. ^ Labbe, J.R. "You may need a drink to understand our liquor laws." Fort Worth Star-Telegram, May 16, 2004. [Since this article was written, Arlington approved wine sales in grocery stores; Grand Prairie also approved grocery store beer and wines sales.]
  15. ^ Ala. Code Title 28, Chapters 2 and 2A
  16. ^ A.S. Section 04.11.491
  17. ^ Ark. Code Title 3, Chapter 8
  18. ^ Cal. Bus. Code Section 25612.5
  19. ^ Colorado Revised Statutes (C.R.S.) Section 12-47-105
  20. ^ Conn. Gen. Stat. Section 545-30-9
  21. ^ Dela. Const. Art. XIII
  22. ^ Fla. Stat. Chapter 567
  23. ^ O.C.G.A. § 3-10-1
  24. ^ Idaho Stat. Section 23-917
  25. ^ "Kansas Liquor Law," Kansas Legislative Research Department (2003)
  26. ^ Kentucky Revised Statutes Chapter 242
  27. ^ Ky. Const. § 61
  28. ^ La.R.S. Section 26:147
  29. ^ Maine R.S. Title 28-A Section 121
  30. ^ Mass. Gen. L. 138-11
  31. ^ M.C.L. Section 436.2109
  32. ^ Minn. Stat. Section 340A.509
  33. ^ Miss. Code Section 67-1-3
  34. ^ N.H. Stat. Section 663:5
  35. ^ N.J. Stat. Section 33:1-40
  36. ^ N.M. Stat. Section 33:1-40
  37. ^ New York Alcoholic Beverage Control Code, Article 9
  38. ^ N.C. Gen. Stat. §§18B-600 through 605
  39. ^ O.R.C. Section 4301.35
  40. ^ R.I. Gen. L. Section 3-5-2
  41. ^ S.D.C. Chapter 35-3
  42. ^ Tenn. Code Title 57, Chapters 2 and 3
  43. ^ Tex. Alcoholic Beverage Code Title 6
  44. ^ 7 V.S.A. Section 161
  45. ^ Va. Code Section 4.1-122
  46. ^ Chapter 66.40, R.C.W.
  47. ^ W.V.C. Section 60-8-27
  48. ^ Wisc. Stat. Ann. Section 125.05
  49. ^ A.R.S. Section 4-224
  50. ^ H.R.S. Chapter 281
  51. ^ 235 IL.C.S. 5/4‑1
  52. ^ Ind. Code Title 7.1
  53. ^ Iowa Code Section 123.32
  54. ^ Md. Code Art. 2B, Section 8-101
  55. ^ Sections 311.110-311.170, R.S.Mo.
  56. ^ Section 311.040, R.S.Mo.
  57. ^ Mont. Code Section 16-1-101(2)
  58. ^ Section 53-134.02, Revised Statutes of Nebraska
  59. ^ Nevada Revised Statutes (N.R.S.) Chapter 369
  60. ^ N.D. Century Code Chapter 5-02
  61. ^ Okla. laws ch. 37
  62. ^ Ore. Rev. Stat. Section 471.045
  63. ^ Pa. Code Ch. 40
  64. ^ S.C. Code Section 61-2-80
  65. ^ Utah Code Section 32A-1-102
  66. ^ Wyo. Stat. Section 12-4-101

Maps

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