dissenting, with whom BROWN, Justice, joins.
I dissent. In doing so, I can only direct attention to my dissents in McGuire v. McGuire, Wyo., 608 P.2d 1278 (1980), and in Walton v. Dana, Wyo., 609 P.2d 461 (1980), in which Justice McClintock joined. It was there established that §§ 24-9-101 through 24-9-103, W.S.1977, were superseded by the Wyoming Rules of Civil Procedure, and that such statutes would not pass constitutional muster even if they were viable. As there pointed out (at page 1294 of 608 P.2d), the last word from the legislature, in 1977, *697relative to eminent domain, was specific and plain:
“ ‘Any action or proceeding to acquire title to or any interest in real or personal property of another by condemnation, for any purpose whatsoever, shall be commenced and conducted in accordance with Wyoming Rules of Civil Procedure.’ (Emphasis supplied.) Section 1-26-405, W.S.1977.”
This action and proceeding was subject to the direction contained in § 1-26-405, W.S. 1977, but it was not conducted in accordance with the Wyoming Rules of Civil Procedure.
I would remand with direction to vacate both the order appealed from and the decision of the Board of County Commissioners without prejudice to institute proper proceedings under Rule 71.1, W.R.C.P., for the purpose of obtaining an alleged private way of necessity.