(a) Disposal Nominations. - (i) The public, a government agency, an organization, or any person or entity may submit a nomination for disposal 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 property right(s) should be disposed. 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 and regional field personnel shall discuss the original purposes and funding sources for acquisition, current management goals, the reconfiguration and consequences if the real property rights is disposed, and a marketing plan including the proposed sales strategy, estimated sales price, timing of the sale and preparation of the real property prior to the sale. The Lands Administration Section shall forward the nomination including a detailed report and regional recommendation to the Property Rights Team.
- (iii) The Property Rights Team shall review the nomination. If authorization to proceed is not granted by the Property Rights Team, a letter shall be sent by the Director's Office to the person submitting the nomination advising them of the decision. If authorization to proceed is granted by the Property Rights Team, the information shall be presented to the Commission for consideration.
- (iv) The Commission or the Director's Office of the Department may terminate a nomination at any time.
(b) Commission Action on Disposals. - (i) Prior to public disclosure of intended disposal, the Department shall present the nominations) to the Commission in open session. Identification of real property right(s) to be sold and estimated values of the rights to be sold shall be presented to the Commission for authorization to proceed. Should the Commission grant approval to proceed, any property disposal that was originally acquired with federal funds shall be disposed of in compliance with applicable federal aid requirements and procedures. 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) Once the Commission authorizes to proceed with disposal, the Department shall have any fee title disposals appraised to establish market value or less than fee title disposals shall be appraised or have a price analysis to determine the minimum negotiated value for the disposal. The Department shall advise the Governor's Office and advertise the Commission's intent to sell fee title property right(s) through local newspapers and one (1) statewide newspaper. 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 selling, and the date, time and location of the anticipated final Commission hearing to consider the disposal.
- (A) At the Commission's discretion, a public meeting may be held to discuss the proposed nomination and to solicit additional public comments.
- (B) Following the public notice and receipt of public input and after all review has been completed, the Commission shall vote on whether the real property right(s) should be disposed of by the Commission.
- (C) Market value is the minimum price the Commission shall accept for fee title real property rights and minimum acceptable negotiated value is the minimum price the Commission shall accept for less than fee title real property rights
- (D) The sale of fee title property right(s) shall be accomplished by sealed bid or by public auction. In the event that market value is not offered, the Department may list the fee title real property right with a Wyoming licensed real estate broker at market value. When an acceptable offer is received and approved by the Commission, the Department shall enter into a purchase agreement.
- (E) All trades shall be based on receiving value for value with the same minimum price accepted in a value for value trade as indicated in subsection (C) above. If there are inequities in values of the real property right(s) being traded, value for value shall be achieved by a cash payment, or some other agreed upon remuneration.
- (iii) After the Commission authorizes disposal of the real property right(s), all associated documents and contracts shall be reviewed and approved by Department personnel and the Attorney General's Office prior to execution.
- (A) All 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(s) of the appropriate grantees.
040-57 Wyo. Code R. § 57-7