040-57 Wyo. Code R. § 57-4

Current through April 27, 2019
Section 57-4 - Definitions

For the purpose of this regulation, definitions shall be as set forth in Title 23, Wyoming Statutes, and the Commission also adopts the following definitions:

(a) "Acquisition" means obtaining real property right(s) through a purchase, exchange, lease, easement, agreement, gift or devise, that result in real property ownership, not including powers of eminent domain, by the Commission

(b) "Administrative facilities" means those facilities and associated land necessary to carry out the routine duties of the Wyoming Game and Fish Department (Department) such as but not limited to headquarters, regional offices, satellite regional offices, conservation camps, research facilities, game warden stations, feedgrounds, fish hatcheries, bird rearing facilities, employee housing, laboratories, training facilities, patrol cabins, check stations and such. Administrative facilities do not include wildlife habitat management areas or public access areas.

(c) "Administrative staff means the Department Director, Deputy Directors, Division Chiefs or Assistant Division Chiefs.

(d) "Appraisal" means an unbiased estimate of the nature, quality, fair market value or utility of an interest in or aspect of identified real property right(s) and related personal property.

(e) "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic or open space values of real property, assuring its availability for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archeological or cultural aspects of real property.

(f) "Disposal" means selling, trading or otherwise liquidating real property right(s) owned by the Wyoming Game and Fish Commission

(g) "Federal aid" means any grant-in-aid programs administered by the federal government.

(h) "Fee title" means the ownership in real property without limitations or restrictions.

(i) "Less than fee title" means a real property estate created from fee title such as easements, leases, permits, licenses, options, water rights and other interests, benefits or rights inherent in the ownership of real property.

(j) "Market value" means the highest price estimated in terms of money, which the real property right(s) would bring if exposed on the open market. Market value shall be determined by an appraisal completed by a State Certified Appraiser.

(k) "Negotiated value" means the agreed price that represents the lowest price that a Seller is willing to sell and the highest price that a Buyer is willing to pay for a real property right(s).

(l) "Nominations" mean proposed acquisition or disposal of real property right(s), submitted to or by the Department for consideration by the Commission.

(m) "Price analysis" means an analysis to assist in determining sales price of real property right(s) estimated in terms of money and based on comparable sales of similar real property right(s), potential income generation, cost savings, replacement costs, intended use and need. Price analysis shall be determined by State Certified Appraisers, licensed real estate professionals or by Department employees with expertise suitable and specific to the real property right(s) considered.

(n) "Property Rights Team" means designated representatives from the Department Director's Office and each Division. There shall be one voting member from the Director's Office and each Division.

(o) "Public records" mean the chain of title records in the County Clerk's Office in the counties of the nominated real property right(s).

(p) "Real property" means the earth's surface, the air above and the ground below, as well as appurtenances to the land including buildings, structures, fixtures, fences and improvements erected upon or affixed to the same, excluding growing crops.

(q) "Real property right(s)" means an interest, benefit or right inherent in the ownership of real property.

(r) "Real property right(s) ranking system" means the Commission's policy guideline that ranks property for its importance to wildlife habitat and public access.

(s) "State Certified Appraiser" means an appraiser who has been certified by authority of W.S. § 33-39-101 and by rules and regulations established by the Wyoming Certified Real Estate Appraiser Board.

(t) "UASFLA" means the Uniform Appraisal Standards for Federal Land Acquisitions, also known as "Yellow Book", promulgated by the Interagency Land Acquisition Conference.

(u) "USPAP" means the Uniform Standards of Professional Appraisal Practices of the Appraisal Institute, promulgated by the Appraisal Standards Board of the Appraisal Foundation.

040-57 Wyo. Code R. § 57-4