027-14 Wyo. Code R. § 14-6

Current through April 27, 2019

Section 14-6 - Site Analysis and Land Acquisition

(a) Requests for land acquisition may originate with a request by a district to the Department or as a Department recommendation. The Commission shall determine if there is a need based on capacity, condition, health, safety, determination of the most cost effective remedy, or the best interests of the State.

(i) Many Wyoming schools pre-date the adoption of current standards. School sites which pre-date the original adoption of standards in 2003 may be larger or smaller than the recommended sizes. School sites smaller than these recommendations are presumed to be adequately sited unless the Commission determines otherwise.

(b) If the Commission determines a need exists, the Commission shall:

(i) Examine availability of current district land;

(ii) If a replacement building or facility renovation or addition, determine if the current site is appropriate;

(iii) If new land is required, consider land swaps and acquisition of publicly-owned land or land in conjunction with a development prior to considering other private land.

(c) If the Commission determines that land acquisition is necessary, the district in consultation with the Department shall conduct an analysis of potential sites or land. Prior to initiating non-confidential site analysis activities the district in consultation with the Department shall obtain a proposed purchase agreement fixing the purchase price and other conditions of purchase, subject to site analysis and due diligence investigation results that are acceptable to the district and Department. Site analysis shall be conducted in accordance and comply with the Commission rules and design guidelines and shall be approved by the Commission. Prior to acquisition the district in consultation with the Department shall conduct a due diligence investigation, which includes the following:

(i) Legal description of property;

(ii) Title commitment;

(iii) Two (2) land appraisals (using the average of two if within 5% of each other, otherwise a 3^rd appraisal will be obtained and the average of the two (2) closest appraisals will be used);

(iv) Site survey to include soil conditions, traffic patterns, utilities and site topography;

(v) Phase 1 environmental assessment;

(vi) Annexation and zoning issues;

(vii) Local development requirements; and

(viii) Preliminary and final plat.

(d) The Commission may grant a waiver to any of the above due diligence requirements for good cause.

(e) All phases of the land acquisition process shall be kept confidential. Neither the district nor the Commission will divulge information on proposed land acquisitions until such time as all due diligence has been completed and the land purchase price has been negotiated.

027-14 Wyo. Code R. § 14-6

Adopted, Eff. 11/19/2018.