060-26 Wyo. Code R. § 26-3

Current through April 27, 2019

Section 26-3 - Acquisition Procedure

(a) Any person, including the Director, may identify a parcel for the Board to acquire as state trust land. Parcels identified for possible acquisition shall be placed on the Category I Acquisition List by the Office.

(b) The Office shall review all parcels appearing on the Category I Acquisition List for suitability for acquisition. If the Director determines that a parcel may be suitable for acquisition, the Director shall move the parcel onto the Category II Acquisition List. Any parcel that the Director has not moved onto the Category II Acquisition List within one year, shall be removed from the Category I Acquisition List.

(c) The Category I and Category II Acquisition Lists shall be held in confidence by the Office and the Board.

(d) The Office shall review all parcels appearing on the Category II Acquisition List and prepare a detailed analysis of each parcel. The analysis shall include:

• (i) An estimate of the market value of the parcel, individually and in combination with other state trust lands;

• (ii) The income-generating potential of the parcel, individually and in combination with other state trust lands; and

• (iii) The manageability of the parcel, individually and in combination with other state trust lands.

(e) When the review of a parcel on the Category II Acquisition List is complete, the Office shall present the detailed analysis to the Board in executive session in accordance with W.S. 16-4-405(a)(vii). If the Board rejects acquisition of the parcel, the Office shall remove the parcel from the Acquisition List. If the Board determines that the parcel may be desirable for acquisition, it may authorize the Office to continue the acquisition process.

(f) When the Board authorizes the Office to continue the acquisition process for a parcel, the Office shall acquire an option to purchase from the owner of the parcel.

(g) After acquiring the option to purchase, the Office shall:

• (i) Obtain an appraisal of the market value of the parcel;

• (ii) Notify the Wyoming Department of State Parks and Cultural Resources and the Wyoming Game & Fish Department of the proposed acquisition.

• (iii) Make available to the public:
  • (A) The detailed analysis prepared by the Office;
  • (B) The appraisal;
  • (C) The existence and importance of any wildlife habitat and wildlife-oriented recreational opportunities located on the parcel, as determined by the Wyoming Game & Fish Department; and
  • (D) The existence and importance of any public recreation opportunities or cultural resources located on the parcel, as determined by the Wyoming Department of State Parks & Cultural Resources.

• (iv) Accept public comment concerning the proposed acquisition; and

• (v) Hold a public hearing in the county in which the parcel is located. Notice of the hearing shall be sent to the appropriate board of county commissioners.

(h) Not less than sixty (60) days after the information listed in subsection (g)(iii) is made available to the public, the Board shall consider in open session the proposed acquisition of the parcel. If the Board rejects acquisition of the parcel, the Office shall remove the parcel from the Acquisition List. If the Board determines that the parcel should be acquired, it shall direct the Office to exercise the option to purchase.

060-26 Wyo. Code R. § 26-3