(a) Acquisition Nominations. - (i) The public, a government agency, an organization or any entity may submit a nomination for acquisition of real property rights. Within the Department or the Commission, only Commissioners, Administrative Staff and Regional Supervisors may submit nominations. Nominations shall be submitted in writing and shall contain a minimum of the following information: a legal description, map and a summarized statement explaining the reason why the real property right(s) should be acquired. Nominations shall be delivered to the Lands Administration Section, Services Division, Wyoming Game and Fish Department, 5400 Bishop Blvd., Cheyenne, Wyoming 82006.
- (ii) The Lands Administration Section shall forward all nominations to the Regional Supervisors and under their direction, regional field personnel shall evaluate all nominations utilizing the real property right(s) ranking system. The region shall prepare a detailed evaluation report and recommendation.
- (iii) After the region has completed the ranking evaluation, the Lands Administration Section and regional field personnel shall discuss the nomination including real property right needs, project goals, management plans, alternatives, consequences, estimated acquisition costs, potential funding and development and maintenance costs. The Lands Administration Section shall forward the nomination including a detailed report and the regional recommendation to the Property Rights Team.
- (iv) The Property Rights Team shall review the nomination. If the Property Rights Team decides not to proceed with a nomination, a letter shall be sent by the Director's Office to the person or entity who submitted the nomination advising them of the decision. If the Property Rights Team grants authorization to proceed, the nomination shall be presented to the Commission for consideration.
- (v) The Commission or the Director's Office of the Department may terminate a nomination at any time.
(b) Commission Action on Acquisitions. - (i) The Department shall present the nominations) to the Commission in open session including identification of real property right(s) to be acquired, estimated values of the rights to be acquired, management needs, development costs, maintenance costs and draft contracts. Should the Commission grant authorization to proceed, any property acquired that involves expenditure of federal funds shall be acquired in compliance with applicable federal aid requirements and procedures.
- (A) Pursuant to W.S. § 16-4-405(a)(vii), these proceedings may be held in executive session if public disclosure would cause a likelihood of an increase in price to the Commission.
- (B) If the Commission does not grant authorization to proceed, a letter shall be sent by the Director's Office to the person submitting the nomination advising them of the decision.
- (ii) If the Commission grants authorization to proceed with the acquisition of fee title or conservation easement real property rights, then the Department shall enter into a purchase agreement with the Seller, after which the Department shall complete, or order to be completed, an appraisal and a title report. If the Commission grants authorization to proceed with the acquisition of other less than fee title real property rights, the Department may enter into a purchase agreement and shall complete, or order to be completed, an appraisal or price analysis and a title report.
- (A) Prior to final approval of fee title acquisitions, the Department shall advise the Governor's Office and then advertise the Commission's intent to acquire fee title property right(s) through local newspapers and one (1) newspaper of statewide circulation. The advertisement shall be one (1) time a week for four (4) consecutive weeks. The advertisement shall fully set forth all necessary information to inform the public of the property's location, a short summary explaining the reasons for acquisition, and the date, time and location of the anticipated final Commission hearing to consider the acquisition.
- (B) At the Commission's discretion, a public meeting may be held to discuss any real property right acquisition and to solicit additional public comments.
- (C) At the Commission's discretion, public advertisement or notice to the Governor's Office may be required for less than fee title acquisitions.
- (D) Upon receipt of public input and after all review has been completed, the Commission may vote on whether the property should be acquired.
- (E) Any ranked properties not acquired shall remain ranked. Depending upon continued availability, funding and need, ranked properties may be resubmitted to the Commission at future meetings.
- (F) The Commission shall not pay more than market value to acquire fee title or conservation easement real property rights.
- (G) The Commission shall utilize the information provided in an appraisal or a price analysis in determining the highest negotiated value to be paid for less than fee title property rights.
- (iii) After the Commission authorizes the purchase of the proposed acquisition, all associated documents and contracts shall be reviewed and approved by the Department and the Attorney General's Office prior to execution.
- (A) Conveyance documents shall be recorded in the respective County Clerk's Office as public records.
- (B) A title-vesting certificate shall be prepared or approved by the Attorney General's Office to certify that the real property right(s) are vested in the name of the Wyoming Game and Fish Commission. The Seller, at Seller's cost, shall provide a title insurance policy in an amount to be no less than the purchase price.
- (C) All acquired real property rights shall be monitored by Department personnel in a manner prescribed by the Department.
040-57 Wyo. Code R. § 57-6