§ 16-7-118 — Programs with federal financing; real property acquisition policies

Wyoming § 16-7-118

• Jurisdiction: Wyoming
• Title 16: City, County, State and Local Powers
• Ch. 7: RELOCATION ASSISTANCE

Text

(a) Any agency which acquires real property for a program
or project for which federal financial assistance will be
available to pay all or any part of the cost of the program or
project shall comply with the following policies:
(i) Every reasonable effort shall be made to acquire
expeditiously real property by negotiation;
(ii) Real property shall be appraised before the
initiation of negotiations, and the owner or his designated
representative shall be given an opportunity to accompany the
appraiser during his inspection of the property. The agency may
prescribe a procedure to waive the appraisal in cases involving
the acquisition by sale or donation of property with a low fair
market value;
(iii) Before the initiation of negotiations for real
property, an amount shall be established which is reasonably
believed to be just compensation therefor, and that amount shall
be offered for the property. In no event shall the amount be
less than the approved appraisal of the fair market value of the
property. Any decrease or increase in the fair market value of
real property, prior to the date of valuation caused by the
public improvement for which the property is acquired, or by the
likelihood that the property would be acquired for the
improvement, other than that due to physical deterioration
within the reasonable control of the owner, shall be disregarded
in determining the compensation for the property. The owner of
the real property to be acquired shall be provided with a
written statement of, and summary of the basis for, the amount
established as just compensation. If appropriate, the just
compensation for the real property acquired and for damages to
remaining real property shall be separately stated;
(iv) No owner is required to surrender possession of
real property before the agreed purchase price is paid or before
there is deposited with the court, in accordance with applicable
law, for the benefit of the owner, an amount not less than the
approved appraisal of the fair market value of the property, or
the amount of the award of compensation in the condemnation
proceeding of the property;
(v) The construction or development of a program or
project for which federal financial assistance will be available
to pay all or any part of the cost of the program or project
shall be so scheduled that, to the greatest extent practicable,
no person lawfully occupying real property shall be required to
move from a dwelling (assuming a replacement dwelling will be
available) or to move his business or farm operation without at
least ninety (90) days written notice of the date by which the
move is required;
(vi) If an owner or tenant is permitted to occupy the
real property acquired on a rental basis for a short term or for
a period subject to termination by the acquiring agency on short
notice, the amount of rent required shall not exceed the fair
rental value of the property to a short-term occupier;
(vii) In no event shall the time of condemnation be
advanced, or negotiations or condemnation and the deposit of
funds in court for the use of the owner be deferred, or any
other action coercive in nature be taken to compel an agreement
on the price to be paid for the property;
(viii) If an interest in real property is to be
acquired by exercise of the power of eminent domain, formal
condemnation proceedings shall be instituted. The acquiring
agency shall not intentionally make it necessary for an owner to
institute legal proceedings to prove the fact of the taking of
his real property;
(ix) If the acquisition of only a portion of the
property would leave the owner with an uneconomic remnant, the
agency shall offer to acquire the remnant;
(x) A person whose real property is being acquired in
accordance with this section may, after the person has been
fully informed of his right to receive just compensation for the
property, donate the property, any part of the property, any
interest in the property, or any compensation paid for the
property to an agency, as the person shall determine;
(xi) For purposes of this section:
(A) "Acquiring agency" means:
(I) An agency as defined in W.S.
16-7-102(a)(i) which has the authority to acquire property by
eminent domain under state law; or
(II) An agency or person which does not
have the authority to acquire property by eminent domain under
state law, to the extent provided by the governor by rules and
regulations.
(B) "Appraisal" means a written statement
independently and impartially prepared by a qualified appraiser
setting forth an opinion of defined value of adequately
described property as of a specific date supported by the
presentation and analysis of relevant market information;
(C) "Uneconomic remnant" means a parcel of real
property in which the owner is left with an interest after the
partial acquisition of the owner's property and which the agency
has determined has little or no value or utility to the owner.