§ 16-7-102 — Definitions

(a) As used in this act:
(i) "Agency" means any department, agency or
instrumentality of the state or of a political subdivision of
the state, any department, agency or instrumentality of two (2)
or more political subdivisions of the state which has the
authority to acquire property by eminent domain under state law;
(ii) "Business" means any lawful activity, excepting
a farm operation, conducted:
(A) Primarily for the purchase, sale, lease and
rental of personal and real property, and for the manufacture,
processing or marketing of products, commodities or any other
personal property;
(B) For the sale of services to the public;
(C) By a nonprofit organization; or
(D) Solely for the purposes of W.S. 16-7-103,
for assisting in the purchase, sale, resale, manufacture,
processing or marketing of products, commodities, personal
property or services by the erection and maintenance of an
outdoor advertising display, whether or not the display is
located on the premises on which any of the above activities are
conducted.
(iii) "Comparable replacement dwelling" means any
dwelling that is:
(A) Decent, safe and sanitary;
(B) Adequate in size to accommodate the
occupants;
(C) Within the financial means of the displaced
person;
(D) Functionally equivalent to the displaced
person's prior dwelling;
(E) Located in an area not subject to
unreasonably adverse environmental conditions; and
(F) In a location generally not less desirable
than the location of the displaced person's dwelling with
respect to public utilities, facilities, services and the
displaced person's place of employment.
(iv) "Displaced person" means except as provided in
W.S. 16-7-103(a) and (b) and 16-7-106:
(A) Any person who moves from real property, or
moves his personal property from real property:
(I) As a direct result of a written notice
of intent to acquire or the actual acquisition of all or part of
the real property; or
(II) Upon which the person is a residential
tenant, conducts a small business, a farm operation or a
business defined in W.S. 16-7-102(a)(ii)(D), as a direct result
of rehabilitation, demolition or other displacing activity as
the agency may prescribe under a program or project undertaken
by a displacing agency in which the displacing agency determines
that the displacement is permanent.
(B) Solely for the purposes of W.S. 16-7-103(a)
and (b), and 16-7-106, any person who moves from real property
or moves his personal property from real property:
(I) As a direct result of a written notice
of intent to acquire or the actual acquisition of other real
property in whole or in part for a program or project undertaken
by a displacing agency; or
(II) As a direct result of rehabilitation,
demolition or other displacing activity as the agency may
prescribe under a program or project undertaken by a displacing
agency where the displacing agency determines that the
displacement is permanent.
(C) "Displaced person" does not include:
(I) A person who has been determined
according to criteria established by the agency to be either
unlawfully occupying the displacement dwelling or to have
occupied the dwelling for the purpose of obtaining assistance
under this act; and
(II) Any person, other than a person who
was an occupant of the property at the time it was acquired, who
occupies the property on a rental basis for a short term or a
period subject to termination when the property is needed for
the program or project.
(v) "Displacing agency" means an agency carrying out
a program or project with federal or state financial assistance
which causes a person to be a displaced person;
(vi) "Farm operation" means any activity conducted
solely or primarily for the production of one (1) or more
agricultural products or commodities, including timber, produced
in sufficient quantity to be capable of contributing materially
to the operator's support as determined by the agency;
(vii) "Federal financial assistance" means a grant,
loan, any interest reduction payment to an individual in
connection with the purchase and occupancy of a residence by
that individual or contribution provided by the United States,
except any federal guarantee or insurance;
(viii) "Mortgage" means classes of liens commonly
given to secure advances on, or the unpaid purchase price of,
real property, under the laws of the state in which the real
property is located together with any credit instruments;
(ix) "Nonprofit organization" means any organization,
business or corporation organized under any law of this state or
under the law of any other jurisdiction, for a purpose other
than the conduct of business for profit, and includes
corporations organized for charitable, educational, religious or
social and fraternal purposes;
(x) "This act" means W.S. 16-7-101 through 16-7-121.