§ 34-28-103 — Recording of existing private transfer fee obligations; jurisdictions; affidavit of payment; exemption of mineral rights

Wyoming § 34-28-103

• Jurisdiction: Wyoming
• Title 34: Property, Conveyances and Security Transactions
• Ch. 28: PRIVATE TRANSFER FEES

Text

(a) The payee of a private transfer fee obligation imposed
prior to April 1, 2012 or an obligation under W.S.
34-28-101(a)(ii)(H) shall record a notice of private transfer
fee obligation in the office of the clerk for each county in
which the real property is located. The notice recorded shall
meet the following requirements and contain:
(i) A clearly identified disclosure of the existence
and amount of the private transfer fee obligation;
(ii) A description of the type and nature of the
private transfer fee obligation;
(iii) A description of the type and nature of any
penalty which may be incurred as a result of failure to pay the
private transfer fee obligation;
(iv) A legal description of the real property; and
(v) The name and address of the payee. A notice
filed under this subsection shall be amended upon change of the
name or address of the payee.
(b) No court in the state of Wyoming shall have
jurisdiction to enforce a private transfer fee obligation which
is not recorded as required by subsection (a) of this section
against a bona fide purchaser who receives title to the property
after April 1, 2012.
(c) Filing of an affidavit by a grantor with the clerk for
each county in which the real property is located stating that
payment in full of any private transfer fee obligation was sent
by certified mail to the payee at the address listed in the
document recorded under subsection (a) of this section is prima
facie evidence of satisfaction of the obligation.
(d) Nothing in this chapter shall apply to:
(i) A transfer of mineral rights, interests and
obligations;
(ii) The transfer of any surface right appurtenant to
a mineral right, interest or obligation which has been severed
from the surface estate.