Thisact is known and may be cited as the "Wyoming Relocation Assistance Act of1973".
16-7-102. Definitions.
(a) As used in this act:
(i) "Agency" means any department, agency orinstrumentality of the state or of a political subdivision of the state, anydepartment, agency or instrumentality of two (2) or more political subdivisionsof the state which has the authority to acquire property by eminent domainunder state law;
(ii) "Business" means any lawful activity, excepting afarm operation, conducted:
(A) Primarily for the purchase, sale, lease and rental ofpersonal and real property, and for the manufacture, processing or marketing ofproducts, commodities or any other personal property;
(B) For the sale of services to the public;
(C) By a nonprofit organization; or
(D) Solely for the purposes of W.S. 16-7-103, for assisting inthe purchase, sale, resale, manufacture, processing or marketing of products,commodities, personal property or services by the erection and maintenance ofan outdoor advertising display, whether or not the display is located on thepremises on which any of the above activities are conducted.
(iii) "Comparable replacement dwelling" means anydwelling that is:
(A) Decent, safe and sanitary;
(B) Adequate in size to accommodate the occupants;
(C) Within the financial means of the displaced person;
(D) Functionally equivalent to the displaced person's priordwelling;
(E) Located in an area not subject to unreasonably adverseenvironmental conditions; and
(F) In a location generally not less desirable than thelocation of the displaced person's dwelling with respect to public utilities,facilities, services and the displaced person's place of employment.
(iv) "Displaced person" means except as provided inW.S. 16-7-103(a) and (b) and 16-7-106:
(A) Any person who moves from real property, or moves hispersonal property from real property:
(I) As a direct result of a written notice of intent to acquireor the actual acquisition of all or part of the real property; or
(II) Upon which the person is a residential tenant, conducts asmall business, a farm operation or a business defined in W.S. 16-7-102(a)(ii)(D),as a direct result of rehabilitation, demolition or other displacing activityas the agency may prescribe under a program or project undertaken by adisplacing agency in which the displacing agency determines that thedisplacement is permanent.
(B) Solely for the purposes of W.S. 16-7-103(a) and (b), and16-7-106, any person who moves from real property or moves his personalproperty from real property:
(I) As a direct result of a written notice of intent to acquireor the actual acquisition of other real property in whole or in part for aprogram or project undertaken by a displacing agency; or
(II) As a direct result of rehabilitation, demolition or otherdisplacing activity as the agency may prescribe under a program or projectundertaken by a displacing agency where the displacing agency determines thatthe displacement is permanent.
(C) "Displaced person" does not include:
(I) A person who has been determined according to criteriaestablished by the agency to be either unlawfully occupying the displacementdwelling or to have occupied the dwelling for the purpose of obtainingassistance under this act; and
(II) Any person, other than a person who was an occupant of theproperty at the time it was acquired, who occupies the property on a rentalbasis for a short term or a period subject to termination when the property isneeded for the program or project.
(v) "Displacing agency" means an agency carrying outa program or project with federal or state financial assistance which causes aperson to be a displaced person;
(vi) "Farm operation" means any activity conductedsolely or primarily for the production of one (1) or more agricultural productsor commodities, including timber, produced in sufficient quantity to becapable of contributing materially to the operator's support as determined bythe agency;
(vii) "Federal financial assistance" means a grant,loan, any interest reduction payment to an individual in connection with thepurchase and occupancy of a residence by that individual or contributionprovided by the United States, except any federal guarantee or insurance;
(viii) "Mortgage" means classes of liens commonlygiven to secure advances on, or the unpaid purchase price of, real property,under the laws of the state in which the real property is located together withany credit instruments;
(ix) "Nonprofit organization" means any organization,business or corporation organized under any law of this state or under the lawof any other jurisdiction, for a purpose other than the conduct of business forprofit, and includes corporations organized for charitable, educational,religious or social and fraternal purposes;
(x) "This act" means W.S. 16-7-101 through 16-7-121.
16-7-103. Relocation payments to displaced persons.
(a) Whenever a program or project to be undertaken by adisplacing agency will result in the displacement of any person, the displacingagency shall provide for the payment to the displaced person of:
(i) Actual reasonable expenses in moving himself, his family,business, farm operation or other personal property;
(ii) Actual direct losses of tangible personal property as aresult of moving or discontinuing a business or farm operation, but not toexceed an amount equal to the reasonable expenses that would have been requiredto relocate the property, as determined by the agency;
(iii) Actual reasonable expenses in searching for a replacementbusiness or farm; and
(iv) Actual reasonable expenses necessary to reestablish adisplaced farm, nonprofit organization or small business at its new site, inaccordance with criteria to be established by the agency.
(b) Any displaced person eligible for payments under subsection(a) of this section who is displaced from a dwelling and who elects to acceptthe payments authorized by this subsection in lieu of the payments authorizedby subsection (a) of this section may receive an expense and dislocationallowance, determined according to a schedule established by the agency.
(c) Any displaced person eligible under criteria established bythe agency for payments under subsection (a) of this section who is displacedfrom his place of business or from his farm operation may elect to accept afixed payment authorized by this subsection in lieu of the payment authorizedby subsection (a) of this section. The fixed payment shall be determined by theagency and shall not be less than one thousand dollars ($1,000.00) nor morethan twenty thousand dollars ($20,000.00). A person whose sole business at thedisplacement dwelling is the rental of the property to others shall not qualifyfor a payment under this subsection.
(i) Repealed by Laws 1989, ch. 241, 2.
(ii) Repealed by Laws 1989, ch. 241, 2.
16-7-104. Replacement housing payments; home owners.
(a) In addition to payments otherwise authorized by this act,the displacing agency shall make a payment not in excess of twenty-two thousandfive hundred dollars ($22,500.00) to any displaced person who is displaced froma dwelling actually owned and occupied by the displaced person for not lessthan one hundred eighty (180) days prior to the initiation of negotiations forthe acquisition of the property. The additional payment shall include:
(i) The amount, if any, which when added to the acquisitioncost of the dwelling acquired by the displacing agency, equals the reasonablecost of a comparable replacement dwelling;
(ii) The amount, if any, which will compensate the displacedperson for any increased interest costs and other debt service costs which theperson is required to pay for financing the acquisition of a comparablereplacement dwelling. The amount shall be paid only if the dwelling acquired bythe displacing agency was encumbered by a bona fide mortgage which was a validlien on the dwelling for not less than one hundred eighty (180) daysimmediately prior to the initiation of negotiations for the acquisition of thedwelling; and
(iii) Reasonable expenses incurred by the displaced person forevidence of title, recording fees and other closing costs incident to thepurchase of the replacement dwelling, but not including prepaid expenses.
(b) The additional payment authorized by this section shall bemade only to a displaced person who purchases and occupies a replacementdwelling which is decent, safe and sanitary within one (1) year after the dateon which he receives final payment from the displacing agent for the acquireddwelling or the date on which the obligation of the displacing agency underW.S. 16-7-107 is met, whichever is later, except that the displacing agency mayextend the period for good cause. If the period is extended, the payment underthis section shall be based on the costs of relocating the person to acomparable replacement dwelling within one (1) year of such date.
16-7-105. Replacement housing payment; tenants.
(a) In addition to amounts otherwise authorized by this act, adisplacing agency shall make a payment to or for any displaced person displacedfrom any dwelling and not eligible to receive a payment under W.S. 16-7-104,providing the displaced person actually and lawfully occupied the dwelling fornot less than ninety (90) days immediately prior to:
(i) The initiation of negotiations for acquisition of thedwelling; or
(ii) An event as prescribed by the agency in any case in whichdisplacement is not a direct result of acquisition.
(b) The payment under subsection (a) of this section shallconsist of the amount necessary to enable the displaced person to lease orrent, for a period not to exceed forty-two (42) months a comparable replacementdwelling not to exceed five thousand two hundred fifty dollars ($5,250.00). At the discretion of the displacing agency, a payment under this subsection maybe made in periodic installments. Computation of a payment under thissubsection to a low-income displaced person for a comparable replacementdwelling shall take into account the person's income.
(c) Any person eligible for a payment under subsections (a) and(b) of this section may elect to apply the payment to a down payment includingincidental expenses on the purchase of a decent, safe and sanitary replacementdwelling. That person may at the discretion of the displacing agency beeligible under this subsection for the maximum payment allowed under subsection(b) of this section, except that in the case of a displaced home owner who hasowned and occupied the displacement dwelling for at least ninety (90) days butnot more than one hundred eighty (180) days immediately prior to the initiationof negotiations for the acquisition of the dwelling, the payment shall notexceed the payment the person would otherwise have received under W.S.16-7-104(a) of this act had the person owned and occupied the displacementdwelling one hundred eighty (180) days immediately prior to the initiation ofthe negotiations.
(a) Programs or projects undertaken by a displacing agencyshall be planned in a manner that:
(i) Recognizes at an early stage in the planning of theprograms or projects and before the commencement of any actions which willcause displacements, the problems associated with the displacement ofindividuals, families, businesses and farm operations; and
(ii) Provides for the resolution of the problems in order tominimize adverse impacts on displaced persons and to expedite program orproject advancement and completion.
(b) Displacing agencies shall ensure that the relocationassistance advisory services described in subsection (c) of this section aremade available to all persons displaced by the agency. If the agencydetermines that any person occupying property immediately adjacent to theproperty where the displacing activity occurs is caused substantial economicinjury due to the activity, the agency may make available the advisoryservices.
(c) Each relocation assistance advisory program required bysubsection (b) of this section shall include measures, facilities or servicesas may be necessary or appropriate in order to:
(i) Determine and make timely recommendations on the needs andpreferences of displaced persons for relocation assistance;
(ii) Assist a person displaced from a business or farm operationin obtaining and becoming established in a suitable replacement location;
(iii) Supply:
(A) Information concerning programs of the federal, state andlocal governments offering assistance to displaced persons; and
(B) Technical assistance to persons applying for assistanceunder the programs.
(iv) Provide other advisory services to displaced persons inorder to minimize hardships to displaced persons in adjusting to relocation;
(v) The displacing agency shall coordinate relocationactivities performed by the agency with other federal, state or localgovernmental actions in the community which could affect the efficient andeffective delivery of relocation assistance and related services; and
(vi) Provide current and continuing information on theavailability, sales prices and rental charges of comparable replacementdwellings for displaced home owners and tenants and suitable locations forbusinesses and farm operations.
(d) Notwithstanding W.S. 16-7-102(a)(iv)(C) in any case inwhich a displacing agency acquires property for a program or project, anyperson who occupies the property on a rental basis for a short term or a periodsubject to termination when the property is needed for the program or projectis eligible for advisory services to the extent determined by the displacingagency.
16-7-107. Assurance of replacement housing; waiver.
(a) If a program or project undertaken by a displacing agencycannot proceed on a timely basis because comparable replacement dwellings arenot available and the displacing agency determines that the dwellings cannototherwise be made available, the displacing agency may take action asnecessary or appropriate to provide dwellings by use of funds authorized forthe project. The displacing agency may use this section to exceed the maximumamounts which may be paid under W.S. 16-7-104 and 16-7-105 on a case-by-casebasis for good cause as determined in accordance with rules and regulationspromulgated by the agency. Regulations issued pursuant to W.S. 16-7-108 mayprescribe situations when these assurances may be waived.
(b) No person shall be required to move from a dwelling due toany program or project undertaken by a displacing agency unless the displacingagency is satisfied that comparable replacement housing is available to theperson.
(c) The displacing agency shall assure that a person shall notbe required to move from a dwelling unless the person has had a reasonableopportunity to relocate to a comparable replacement dwelling, except in thecase of:
(i) A major disaster as defined in the Disaster Relief Act of1974, 42 U.S.C. 5122;
(ii) Any other emergency which requires the person to moveimmediately from the dwelling because continued occupancy of the dwelling bythe person constitutes a substantial danger to the health or safety of theperson.
16-7-108. Assurance of replacement housing; prescription of rules,regulations and procedures by governor.
(a) The governor shall adopt rules and regulations as may benecessary under federal laws and the rules and regulations promulgatedthereunder to assure that:
(i) The payments and assistance authorized by this act shall beadministered in a manner which is fair and reasonable, and as uniform aspracticable;
(ii) A displaced person who makes proper application for apayment authorized by this act shall be paid promptly after a move or, inhardship cases, be paid in advance; and
(iii) Any person aggrieved by a determination as to eligibilityfor a payment authorized by this act, or the amount of a payment, may have hisapplication reviewed in accordance with the Wyoming Administrative ProcedureAct.
(b) The governor may prescribe other regulations andprocedures, consistent with the provisions of this act.
16-7-109. Assurance of replacement housing; administration ofrelocation programs.
Inorder to prevent unnecessary expense and duplication of functions, and topromote uniform and effective administration of relocation assistance programsfor displaced persons, with the approval of the governor the agency may enterinto contracts with any person for services in connection with those programs,or may carry out its functions under this act through any federal agency or anydepartment or instrumentality of the state or its political subdivisions havingan established organization for conducting relocation assistance programs.
16-7-110. Available funds.
(a) Funds appropriated or otherwise available to any stateagency or unit of local government for the acquisition of real property or anyinterest therein for a particular program or project shall also be available tocarry out the provisions of this act as applied to that program or project.
(b) No payment or assistance under this act shall be requiredto be made to any person or included as a program or project cost under thissection, if the person receives a payment required by federal, state or locallaw which is determined by the agency to have substantially the same purposeand effect as the payment under this act.
16-7-111. Available funds; state financial assistance for localrelocation payments and services.
Ifan agency of any political subdivision of the state acquires real property, andstate financial assistance is available to pay all or part of the cost of theacquisition of that real property, or of the improvement for which the propertyis acquired, the cost to the agency of providing the payments and servicesprescribed by this act shall be included as part of the costs of the projectfor which state financial assistance is available and the agency is eligiblefor state financial assistance for relocation payments and services in the samemanner and to the same extent as other project costs.
16-7-112. Repealed by Laws 1989, ch. 241, 2.
16-7-113. Displacement payments not considered as income for public assistance purposes.
Nopayment received by a displaced person under this act is considered as incomeor as a resource for the purpose of determining the eligibility or extent ofeligibility of any person for assistance under any state law or for thepurposes of the state's personal income tax law, corporation tax law or othertax laws. These payments are not considered as income or resources of anyrecipient of public assistance, and the payments shall not be deducted from theamount of aid to which the recipient would otherwise be entitled.
16-7-114. Appeals by aggrieved persons.
Anyperson or business concern aggrieved by a final administrative determinationpursuant to the Wyoming Administrative Procedure Act concerning eligibility forrelocation payments authorized by this act may appeal that determination to thedistrict court in the area in which the land taken for public use is located orin which the building code enforcement activity occurs or the voluntaryrehabilitation program is conducted.
16-7-115. Programs with federal financing; reimbursable expenses ofdisplaced property owner.
(a) Any agency acquiring real property for a program or projectfor which federal financial assistance will be available to pay all or any partof the cost of the program or project shall, as soon as practicable after thedate of payment of the purchase price or the date of deposit into court offunds to satisfy the award of compensation in a condemnation proceeding to acquirereal property, whichever is earlier, reimburse the owner, to the extent theacquiring agency deems fair and reasonable, for expenses he necessarilyincurred for:
(i) Recording fees, transfer taxes and similar expensesincidental to conveying such real property to the acquiring agency;
(ii) Penalty costs for prepayment for any preexisting recordedmortgage entered into in good faith encumbering such real property; and
(iii) The pro rata portion of real property taxes paid which areallocable to a period subsequent to the date of vesting title in the acquiringagency, or the effective date of possession of the real property by theacquiring agency, whichever is earlier.
16-7-116. Programs with federal financing; condemnation proceedings;winning owner's reimbursable litigation expenses.
Ifa condemnation proceeding is instituted by an agency to acquire real propertyfor a purpose as set forth in W.S. 16-7-115, and the final judgment is that thereal property cannot be acquired by condemnation or that the proceeding isabandoned, the owner of any right, title or interest in the real property shallbe paid a sum which will, in the opinion of the court, reimburse the owner forhis reasonable attorney, appraisal and engineering fees actually incurredbecause of the condemnation proceedings. The award of the sums will be paid bythe agency which sought to condemn the property.
16-7-117. Programs with federal financing; inverse condemnationproceedings.
Ifan inverse condemnation proceeding is instituted by the owner of any right,title or interest in real property because of the alleged taking of hisproperty for any program or project for which federal financial assistance willbe available to pay all or any part of the cost of the program or project, thecourt, rendering a judgment for the plaintiff in the proceeding and awardingcompensation for the taking of property, or attorney for the acquiring agencyeffecting a settlement of any proceeding, determines and awards or allows tothe plaintiff, as a part of the judgment or settlement, a sum which will, inthe opinion of the court or the attorney, reimburse the plaintiff for hisreasonable costs, disbursements and expenses, including reasonable attorney,appraisal and engineering fees, actually incurred because of the proceeding.
16-7-118. Programs with federal financing; real property acquisitionpolicies.
(a) Any agency which acquires real property for a program orproject for which federal financial assistance will be available to pay all orany part of the cost of the program or project shall comply with the followingpolicies:
(i) Every reasonable effort shall be made to acquireexpeditiously real property by negotiation;
(ii) Real property shall be appraised before the initiation ofnegotiations, and the owner or his designated representative shall be given anopportunity to accompany the appraiser during his inspection of the property. The agency may prescribe a procedure to waive the appraisal in cases involvingthe acquisition by sale or donation of property with a low fair market value;
(iii) Before the initiation of negotiations for real property, anamount shall be established which is reasonably believed to be justcompensation therefor, and that amount shall be offered for the property. In noevent shall the amount be less than the approved appraisal of the fair marketvalue of the property. Any decrease or increase in the fair market value ofreal property, prior to the date of valuation caused by the public improvement forwhich the property is acquired, or by the likelihood that the property would beacquired for the improvement, other than that due to physical deteriorationwithin the reasonable control of the owner, shall be disregarded in determiningthe compensation for the property. The owner of the real property to beacquired shall be provided with a written statement of, and summary of thebasis for, the amount established as just compensation. If appropriate, thejust compensation for the real property acquired and for damages to remainingreal property shall be separately stated;
(iv) No owner is required to surrender possession of realproperty before the agreed purchase price is paid or before there is depositedwith the court, in accordance with applicable law, for the benefit of theowner, an amount not less than the approved appraisal of the fair market valueof the property, or the amount of the award of compensation in the condemnationproceeding of the property;
(v) The construction or development of a program or project forwhich federal financial assistance will be available to pay all or any part ofthe cost of the program or project shall be so scheduled that, to the greatestextent practicable, no person lawfully occupying real property shall berequired to move from a dwelling (assuming a replacement dwelling will beavailable) or to move his business or farm operation without at least ninety(90) days written notice of the date by which the move is required;
(vi) If an owner or tenant is permitted to occupy the realproperty acquired on a rental basis for a short term or for a period subject totermination by the acquiring agency on short notice, the amount of rentrequired shall not exceed the fair rental value of the property to a short-termoccupier;
(vii) In no event shall the time of condemnation be advanced, ornegotiations or condemnation and the deposit of funds in court for the use ofthe owner be deferred, or any other action coercive in nature be taken tocompel an agreement on the price to be paid for the property;
(viii) If an interest in real property is to be acquired byexercise of the power of eminent domain, formal condemnation proceedings shallbe instituted. The acquiring agency shall not intentionally make it necessaryfor an owner to institute legal proceedings to prove the fact of the taking ofhis real property;
(ix) If the acquisition of only a portion of the property wouldleave the owner with an uneconomic remnant, the agency shall offer to acquirethe remnant;
(x) A person whose real property is being acquired inaccordance with this section may, after the person has been fully informed ofhis right to receive just compensation for the property, donate the property,any part of the property, any interest in the property, or any compensationpaid for the property to an agency, as the person shall determine;
(xi) For purposes of this section:
(A) "Acquiring agency" means:
(I) An agency as defined in W.S. 16-7-102(a)(i) which has theauthority to acquire property by eminent domain under state law; or
(II) An agency or person which does not have the authority toacquire property by eminent domain under state law, to the extent provided bythe governor by rules and regulations.
(B) "Appraisal" means a written statementindependently and impartially prepared by a qualified appraiser setting forthan opinion of defined value of adequately described property as of a specificdate supported by the presentation and analysis of relevant market information;
(C) "Uneconomic remnant" means a parcel of realproperty in which the owner is left with an interest after the partialacquisition of the owner's property and which the agency has determined haslittle or no value or utility to the owner.
16-7-119. Programs with federal financing; buildings, structures andimprovements upon acquired property; acquisition of interest; compensationtherefor.
(a) If any interest in real property is acquired for a programor project for which federal assistance will be available to pay all or anypart of the cost of the program or project, the acquiring agency shall acquirean equal interest in all buildings, structures or other improvements locatedupon the real property so acquired and which are required to be removed fromthe real property or which the head of the acquiring agency determines will beadversely affected by the use to which the real property will be put.
(b) For the purpose of determining the just compensation to bepaid for any building, structure or other improvement required to be acquiredby subsection (a) of this section, the building, structure or other improvementis deemed to be a part of the real property to be acquired notwithstanding theright or obligation of a tenant, as against the owner of any other interest inthe real property, to remove the building, structure or improvement at theexpiration of his term, and the fair market value which the building, structureor improvement contributes to the fair market value of the real property to beacquired, or the fair market value of the building, structure or improvementfor removal from the real property, whichever is greater, shall be paid to thetenant therefor.
(c) Payment for buildings, structure [structures] orimprovements as set forth in this section shall not result in duplication ofany payments otherwise authorized by state law. No payment shall be made unlessthe owner of the land involved disclaims all interest in the improvements ofthe tenant. In consideration for any payment, the tenant shall assign, transferand release all his right, title and interest in and to the improvements.Nothing in this section shall be construed to deprive the tenant of any rightsto reject payment and to obtain payment for the property interests inaccordance with other laws of the state.
16-7-120. Applicability of real property acquisition provisions.
Thisact applies only to acquisitions of real property by an agency for a program orproject for which federal financial assistance will be available to pay all orany part of the cost of the program or project, except that if any otherprovision of state law is applicable to the acquisitions, and the provision ofstate law requires relocation payments and assistance or prescribes landacquisition policies which are equivalent to or are greater or more stringentthan the payments, assistance or policies specified by this act, the otherprovision of state law applies to the acquisitions.
16-7-121. Damages in condemnation proceedings.
Nothingin this act shall be construed as creating, in any condemnation proceedingsbrought under the power of eminent domain, any element of damages not inexistence on the date of enactment of this act.
Thisact is known and may be cited as the "Wyoming Relocation Assistance Act of1973".
16-7-102. Definitions.
(a) As used in this act:
(i) "Agency" means any department, agency orinstrumentality of the state or of a political subdivision of the state, anydepartment, agency or instrumentality of two (2) or more political subdivisionsof the state which has the authority to acquire property by eminent domainunder state law;
(ii) "Business" means any lawful activity, excepting afarm operation, conducted:
(A) Primarily for the purchase, sale, lease and rental ofpersonal and real property, and for the manufacture, processing or marketing ofproducts, commodities or any other personal property;
(B) For the sale of services to the public;
(C) By a nonprofit organization; or
(D) Solely for the purposes of W.S. 16-7-103, for assisting inthe purchase, sale, resale, manufacture, processing or marketing of products,commodities, personal property or services by the erection and maintenance ofan outdoor advertising display, whether or not the display is located on thepremises on which any of the above activities are conducted.
(iii) "Comparable replacement dwelling" means anydwelling that is:
(A) Decent, safe and sanitary;
(B) Adequate in size to accommodate the occupants;
(C) Within the financial means of the displaced person;
(D) Functionally equivalent to the displaced person's priordwelling;
(E) Located in an area not subject to unreasonably adverseenvironmental conditions; and
(F) In a location generally not less desirable than thelocation of the displaced person's dwelling with respect to public utilities,facilities, services and the displaced person's place of employment.
(iv) "Displaced person" means except as provided inW.S. 16-7-103(a) and (b) and 16-7-106:
(A) Any person who moves from real property, or moves hispersonal property from real property:
(I) As a direct result of a written notice of intent to acquireor the actual acquisition of all or part of the real property; or
(II) Upon which the person is a residential tenant, conducts asmall business, a farm operation or a business defined in W.S. 16-7-102(a)(ii)(D),as a direct result of rehabilitation, demolition or other displacing activityas the agency may prescribe under a program or project undertaken by adisplacing agency in which the displacing agency determines that thedisplacement is permanent.
(B) Solely for the purposes of W.S. 16-7-103(a) and (b), and16-7-106, any person who moves from real property or moves his personalproperty from real property:
(I) As a direct result of a written notice of intent to acquireor the actual acquisition of other real property in whole or in part for aprogram or project undertaken by a displacing agency; or
(II) As a direct result of rehabilitation, demolition or otherdisplacing activity as the agency may prescribe under a program or projectundertaken by a displacing agency where the displacing agency determines thatthe displacement is permanent.
(C) "Displaced person" does not include:
(I) A person who has been determined according to criteriaestablished by the agency to be either unlawfully occupying the displacementdwelling or to have occupied the dwelling for the purpose of obtainingassistance under this act; and
(II) Any person, other than a person who was an occupant of theproperty at the time it was acquired, who occupies the property on a rentalbasis for a short term or a period subject to termination when the property isneeded for the program or project.
(v) "Displacing agency" means an agency carrying outa program or project with federal or state financial assistance which causes aperson to be a displaced person;
(vi) "Farm operation" means any activity conductedsolely or primarily for the production of one (1) or more agricultural productsor commodities, including timber, produced in sufficient quantity to becapable of contributing materially to the operator's support as determined bythe agency;
(vii) "Federal financial assistance" means a grant,loan, any interest reduction payment to an individual in connection with thepurchase and occupancy of a residence by that individual or contributionprovided by the United States, except any federal guarantee or insurance;
(viii) "Mortgage" means classes of liens commonlygiven to secure advances on, or the unpaid purchase price of, real property,under the laws of the state in which the real property is located together withany credit instruments;
(ix) "Nonprofit organization" means any organization,business or corporation organized under any law of this state or under the lawof any other jurisdiction, for a purpose other than the conduct of business forprofit, and includes corporations organized for charitable, educational,religious or social and fraternal purposes;
(x) "This act" means W.S. 16-7-101 through 16-7-121.
16-7-103. Relocation payments to displaced persons.
(a) Whenever a program or project to be undertaken by adisplacing agency will result in the displacement of any person, the displacingagency shall provide for the payment to the displaced person of:
(i) Actual reasonable expenses in moving himself, his family,business, farm operation or other personal property;
(ii) Actual direct losses of tangible personal property as aresult of moving or discontinuing a business or farm operation, but not toexceed an amount equal to the reasonable expenses that would have been requiredto relocate the property, as determined by the agency;
(iii) Actual reasonable expenses in searching for a replacementbusiness or farm; and
(iv) Actual reasonable expenses necessary to reestablish adisplaced farm, nonprofit organization or small business at its new site, inaccordance with criteria to be established by the agency.
(b) Any displaced person eligible for payments under subsection(a) of this section who is displaced from a dwelling and who elects to acceptthe payments authorized by this subsection in lieu of the payments authorizedby subsection (a) of this section may receive an expense and dislocationallowance, determined according to a schedule established by the agency.
(c) Any displaced person eligible under criteria established bythe agency for payments under subsection (a) of this section who is displacedfrom his place of business or from his farm operation may elect to accept afixed payment authorized by this subsection in lieu of the payment authorizedby subsection (a) of this section. The fixed payment shall be determined by theagency and shall not be less than one thousand dollars ($1,000.00) nor morethan twenty thousand dollars ($20,000.00). A person whose sole business at thedisplacement dwelling is the rental of the property to others shall not qualifyfor a payment under this subsection.
(i) Repealed by Laws 1989, ch. 241, 2.
(ii) Repealed by Laws 1989, ch. 241, 2.
16-7-104. Replacement housing payments; home owners.
(a) In addition to payments otherwise authorized by this act,the displacing agency shall make a payment not in excess of twenty-two thousandfive hundred dollars ($22,500.00) to any displaced person who is displaced froma dwelling actually owned and occupied by the displaced person for not lessthan one hundred eighty (180) days prior to the initiation of negotiations forthe acquisition of the property. The additional payment shall include:
(i) The amount, if any, which when added to the acquisitioncost of the dwelling acquired by the displacing agency, equals the reasonablecost of a comparable replacement dwelling;
(ii) The amount, if any, which will compensate the displacedperson for any increased interest costs and other debt service costs which theperson is required to pay for financing the acquisition of a comparablereplacement dwelling. The amount shall be paid only if the dwelling acquired bythe displacing agency was encumbered by a bona fide mortgage which was a validlien on the dwelling for not less than one hundred eighty (180) daysimmediately prior to the initiation of negotiations for the acquisition of thedwelling; and
(iii) Reasonable expenses incurred by the displaced person forevidence of title, recording fees and other closing costs incident to thepurchase of the replacement dwelling, but not including prepaid expenses.
(b) The additional payment authorized by this section shall bemade only to a displaced person who purchases and occupies a replacementdwelling which is decent, safe and sanitary within one (1) year after the dateon which he receives final payment from the displacing agent for the acquireddwelling or the date on which the obligation of the displacing agency underW.S. 16-7-107 is met, whichever is later, except that the displacing agency mayextend the period for good cause. If the period is extended, the payment underthis section shall be based on the costs of relocating the person to acomparable replacement dwelling within one (1) year of such date.
16-7-105. Replacement housing payment; tenants.
(a) In addition to amounts otherwise authorized by this act, adisplacing agency shall make a payment to or for any displaced person displacedfrom any dwelling and not eligible to receive a payment under W.S. 16-7-104,providing the displaced person actually and lawfully occupied the dwelling fornot less than ninety (90) days immediately prior to:
(i) The initiation of negotiations for acquisition of thedwelling; or
(ii) An event as prescribed by the agency in any case in whichdisplacement is not a direct result of acquisition.
(b) The payment under subsection (a) of this section shallconsist of the amount necessary to enable the displaced person to lease orrent, for a period not to exceed forty-two (42) months a comparable replacementdwelling not to exceed five thousand two hundred fifty dollars ($5,250.00). At the discretion of the displacing agency, a payment under this subsection maybe made in periodic installments. Computation of a payment under thissubsection to a low-income displaced person for a comparable replacementdwelling shall take into account the person's income.
(c) Any person eligible for a payment under subsections (a) and(b) of this section may elect to apply the payment to a down payment includingincidental expenses on the purchase of a decent, safe and sanitary replacementdwelling. That person may at the discretion of the displacing agency beeligible under this subsection for the maximum payment allowed under subsection(b) of this section, except that in the case of a displaced home owner who hasowned and occupied the displacement dwelling for at least ninety (90) days butnot more than one hundred eighty (180) days immediately prior to the initiationof negotiations for the acquisition of the dwelling, the payment shall notexceed the payment the person would otherwise have received under W.S.16-7-104(a) of this act had the person owned and occupied the displacementdwelling one hundred eighty (180) days immediately prior to the initiation ofthe negotiations.
(a) Programs or projects undertaken by a displacing agencyshall be planned in a manner that:
(i) Recognizes at an early stage in the planning of theprograms or projects and before the commencement of any actions which willcause displacements, the problems associated with the displacement ofindividuals, families, businesses and farm operations; and
(ii) Provides for the resolution of the problems in order tominimize adverse impacts on displaced persons and to expedite program orproject advancement and completion.
(b) Displacing agencies shall ensure that the relocationassistance advisory services described in subsection (c) of this section aremade available to all persons displaced by the agency. If the agencydetermines that any person occupying property immediately adjacent to theproperty where the displacing activity occurs is caused substantial economicinjury due to the activity, the agency may make available the advisoryservices.
(c) Each relocation assistance advisory program required bysubsection (b) of this section shall include measures, facilities or servicesas may be necessary or appropriate in order to:
(i) Determine and make timely recommendations on the needs andpreferences of displaced persons for relocation assistance;
(ii) Assist a person displaced from a business or farm operationin obtaining and becoming established in a suitable replacement location;
(iii) Supply:
(A) Information concerning programs of the federal, state andlocal governments offering assistance to displaced persons; and
(B) Technical assistance to persons applying for assistanceunder the programs.
(iv) Provide other advisory services to displaced persons inorder to minimize hardships to displaced persons in adjusting to relocation;
(v) The displacing agency shall coordinate relocationactivities performed by the agency with other federal, state or localgovernmental actions in the community which could affect the efficient andeffective delivery of relocation assistance and related services; and
(vi) Provide current and continuing information on theavailability, sales prices and rental charges of comparable replacementdwellings for displaced home owners and tenants and suitable locations forbusinesses and farm operations.
(d) Notwithstanding W.S. 16-7-102(a)(iv)(C) in any case inwhich a displacing agency acquires property for a program or project, anyperson who occupies the property on a rental basis for a short term or a periodsubject to termination when the property is needed for the program or projectis eligible for advisory services to the extent determined by the displacingagency.
16-7-107. Assurance of replacement housing; waiver.
(a) If a program or project undertaken by a displacing agencycannot proceed on a timely basis because comparable replacement dwellings arenot available and the displacing agency determines that the dwellings cannototherwise be made available, the displacing agency may take action asnecessary or appropriate to provide dwellings by use of funds authorized forthe project. The displacing agency may use this section to exceed the maximumamounts which may be paid under W.S. 16-7-104 and 16-7-105 on a case-by-casebasis for good cause as determined in accordance with rules and regulationspromulgated by the agency. Regulations issued pursuant to W.S. 16-7-108 mayprescribe situations when these assurances may be waived.
(b) No person shall be required to move from a dwelling due toany program or project undertaken by a displacing agency unless the displacingagency is satisfied that comparable replacement housing is available to theperson.
(c) The displacing agency shall assure that a person shall notbe required to move from a dwelling unless the person has had a reasonableopportunity to relocate to a comparable replacement dwelling, except in thecase of:
(i) A major disaster as defined in the Disaster Relief Act of1974, 42 U.S.C. 5122;
(ii) Any other emergency which requires the person to moveimmediately from the dwelling because continued occupancy of the dwelling bythe person constitutes a substantial danger to the health or safety of theperson.
16-7-108. Assurance of replacement housing; prescription of rules,regulations and procedures by governor.
(a) The governor shall adopt rules and regulations as may benecessary under federal laws and the rules and regulations promulgatedthereunder to assure that:
(i) The payments and assistance authorized by this act shall beadministered in a manner which is fair and reasonable, and as uniform aspracticable;
(ii) A displaced person who makes proper application for apayment authorized by this act shall be paid promptly after a move or, inhardship cases, be paid in advance; and
(iii) Any person aggrieved by a determination as to eligibilityfor a payment authorized by this act, or the amount of a payment, may have hisapplication reviewed in accordance with the Wyoming Administrative ProcedureAct.
(b) The governor may prescribe other regulations andprocedures, consistent with the provisions of this act.
16-7-109. Assurance of replacement housing; administration ofrelocation programs.
Inorder to prevent unnecessary expense and duplication of functions, and topromote uniform and effective administration of relocation assistance programsfor displaced persons, with the approval of the governor the agency may enterinto contracts with any person for services in connection with those programs,or may carry out its functions under this act through any federal agency or anydepartment or instrumentality of the state or its political subdivisions havingan established organization for conducting relocation assistance programs.
16-7-110. Available funds.
(a) Funds appropriated or otherwise available to any stateagency or unit of local government for the acquisition of real property or anyinterest therein for a particular program or project shall also be available tocarry out the provisions of this act as applied to that program or project.
(b) No payment or assistance under this act shall be requiredto be made to any person or included as a program or project cost under thissection, if the person receives a payment required by federal, state or locallaw which is determined by the agency to have substantially the same purposeand effect as the payment under this act.
16-7-111. Available funds; state financial assistance for localrelocation payments and services.
Ifan agency of any political subdivision of the state acquires real property, andstate financial assistance is available to pay all or part of the cost of theacquisition of that real property, or of the improvement for which the propertyis acquired, the cost to the agency of providing the payments and servicesprescribed by this act shall be included as part of the costs of the projectfor which state financial assistance is available and the agency is eligiblefor state financial assistance for relocation payments and services in the samemanner and to the same extent as other project costs.
16-7-112. Repealed by Laws 1989, ch. 241, 2.
16-7-113. Displacement payments not considered as income for public assistance purposes.
Nopayment received by a displaced person under this act is considered as incomeor as a resource for the purpose of determining the eligibility or extent ofeligibility of any person for assistance under any state law or for thepurposes of the state's personal income tax law, corporation tax law or othertax laws. These payments are not considered as income or resources of anyrecipient of public assistance, and the payments shall not be deducted from theamount of aid to which the recipient would otherwise be entitled.
16-7-114. Appeals by aggrieved persons.
Anyperson or business concern aggrieved by a final administrative determinationpursuant to the Wyoming Administrative Procedure Act concerning eligibility forrelocation payments authorized by this act may appeal that determination to thedistrict court in the area in which the land taken for public use is located orin which the building code enforcement activity occurs or the voluntaryrehabilitation program is conducted.
16-7-115. Programs with federal financing; reimbursable expenses ofdisplaced property owner.
(a) Any agency acquiring real property for a program or projectfor which federal financial assistance will be available to pay all or any partof the cost of the program or project shall, as soon as practicable after thedate of payment of the purchase price or the date of deposit into court offunds to satisfy the award of compensation in a condemnation proceeding to acquirereal property, whichever is earlier, reimburse the owner, to the extent theacquiring agency deems fair and reasonable, for expenses he necessarilyincurred for:
(i) Recording fees, transfer taxes and similar expensesincidental to conveying such real property to the acquiring agency;
(ii) Penalty costs for prepayment for any preexisting recordedmortgage entered into in good faith encumbering such real property; and
(iii) The pro rata portion of real property taxes paid which areallocable to a period subsequent to the date of vesting title in the acquiringagency, or the effective date of possession of the real property by theacquiring agency, whichever is earlier.
16-7-116. Programs with federal financing; condemnation proceedings;winning owner's reimbursable litigation expenses.
Ifa condemnation proceeding is instituted by an agency to acquire real propertyfor a purpose as set forth in W.S. 16-7-115, and the final judgment is that thereal property cannot be acquired by condemnation or that the proceeding isabandoned, the owner of any right, title or interest in the real property shallbe paid a sum which will, in the opinion of the court, reimburse the owner forhis reasonable attorney, appraisal and engineering fees actually incurredbecause of the condemnation proceedings. The award of the sums will be paid bythe agency which sought to condemn the property.
16-7-117. Programs with federal financing; inverse condemnationproceedings.
Ifan inverse condemnation proceeding is instituted by the owner of any right,title or interest in real property because of the alleged taking of hisproperty for any program or project for which federal financial assistance willbe available to pay all or any part of the cost of the program or project, thecourt, rendering a judgment for the plaintiff in the proceeding and awardingcompensation for the taking of property, or attorney for the acquiring agencyeffecting a settlement of any proceeding, determines and awards or allows tothe plaintiff, as a part of the judgment or settlement, a sum which will, inthe opinion of the court or the attorney, reimburse the plaintiff for hisreasonable costs, disbursements and expenses, including reasonable attorney,appraisal and engineering fees, actually incurred because of the proceeding.
16-7-118. Programs with federal financing; real property acquisitionpolicies.
(a) Any agency which acquires real property for a program orproject for which federal financial assistance will be available to pay all orany part of the cost of the program or project shall comply with the followingpolicies:
(i) Every reasonable effort shall be made to acquireexpeditiously real property by negotiation;
(ii) Real property shall be appraised before the initiation ofnegotiations, and the owner or his designated representative shall be given anopportunity to accompany the appraiser during his inspection of the property. The agency may prescribe a procedure to waive the appraisal in cases involvingthe acquisition by sale or donation of property with a low fair market value;
(iii) Before the initiation of negotiations for real property, anamount shall be established which is reasonably believed to be justcompensation therefor, and that amount shall be offered for the property. In noevent shall the amount be less than the approved appraisal of the fair marketvalue of the property. Any decrease or increase in the fair market value ofreal property, prior to the date of valuation caused by the public improvement forwhich the property is acquired, or by the likelihood that the property would beacquired for the improvement, other than that due to physical deteriorationwithin the reasonable control of the owner, shall be disregarded in determiningthe compensation for the property. The owner of the real property to beacquired shall be provided with a written statement of, and summary of thebasis for, the amount established as just compensation. If appropriate, thejust compensation for the real property acquired and for damages to remainingreal property shall be separately stated;
(iv) No owner is required to surrender possession of realproperty before the agreed purchase price is paid or before there is depositedwith the court, in accordance with applicable law, for the benefit of theowner, an amount not less than the approved appraisal of the fair market valueof the property, or the amount of the award of compensation in the condemnationproceeding of the property;
(v) The construction or development of a program or project forwhich federal financial assistance will be available to pay all or any part ofthe cost of the program or project shall be so scheduled that, to the greatestextent practicable, no person lawfully occupying real property shall berequired to move from a dwelling (assuming a replacement dwelling will beavailable) or to move his business or farm operation without at least ninety(90) days written notice of the date by which the move is required;
(vi) If an owner or tenant is permitted to occupy the realproperty acquired on a rental basis for a short term or for a period subject totermination by the acquiring agency on short notice, the amount of rentrequired shall not exceed the fair rental value of the property to a short-termoccupier;
(vii) In no event shall the time of condemnation be advanced, ornegotiations or condemnation and the deposit of funds in court for the use ofthe owner be deferred, or any other action coercive in nature be taken tocompel an agreement on the price to be paid for the property;
(viii) If an interest in real property is to be acquired byexercise of the power of eminent domain, formal condemnation proceedings shallbe instituted. The acquiring agency shall not intentionally make it necessaryfor an owner to institute legal proceedings to prove the fact of the taking ofhis real property;
(ix) If the acquisition of only a portion of the property wouldleave the owner with an uneconomic remnant, the agency shall offer to acquirethe remnant;
(x) A person whose real property is being acquired inaccordance with this section may, after the person has been fully informed ofhis right to receive just compensation for the property, donate the property,any part of the property, any interest in the property, or any compensationpaid for the property to an agency, as the person shall determine;
(xi) For purposes of this section:
(A) "Acquiring agency" means:
(I) An agency as defined in W.S. 16-7-102(a)(i) which has theauthority to acquire property by eminent domain under state law; or
(II) An agency or person which does not have the authority toacquire property by eminent domain under state law, to the extent provided bythe governor by rules and regulations.
(B) "Appraisal" means a written statementindependently and impartially prepared by a qualified appraiser setting forthan opinion of defined value of adequately described property as of a specificdate supported by the presentation and analysis of relevant market information;
(C) "Uneconomic remnant" means a parcel of realproperty in which the owner is left with an interest after the partialacquisition of the owner's property and which the agency has determined haslittle or no value or utility to the owner.
16-7-119. Programs with federal financing; buildings, structures andimprovements upon acquired property; acquisition of interest; compensationtherefor.
(a) If any interest in real property is acquired for a programor project for which federal assistance will be available to pay all or anypart of the cost of the program or project, the acquiring agency shall acquirean equal interest in all buildings, structures or other improvements locatedupon the real property so acquired and which are required to be removed fromthe real property or which the head of the acquiring agency determines will beadversely affected by the use to which the real property will be put.
(b) For the purpose of determining the just compensation to bepaid for any building, structure or other improvement required to be acquiredby subsection (a) of this section, the building, structure or other improvementis deemed to be a part of the real property to be acquired notwithstanding theright or obligation of a tenant, as against the owner of any other interest inthe real property, to remove the building, structure or improvement at theexpiration of his term, and the fair market value which the building, structureor improvement contributes to the fair market value of the real property to beacquired, or the fair market value of the building, structure or improvementfor removal from the real property, whichever is greater, shall be paid to thetenant therefor.
(c) Payment for buildings, structure [structures] orimprovements as set forth in this section shall not result in duplication ofany payments otherwise authorized by state law. No payment shall be made unlessthe owner of the land involved disclaims all interest in the improvements ofthe tenant. In consideration for any payment, the tenant shall assign, transferand release all his right, title and interest in and to the improvements.Nothing in this section shall be construed to deprive the tenant of any rightsto reject payment and to obtain payment for the property interests inaccordance with other laws of the state.
16-7-120. Applicability of real property acquisition provisions.
Thisact applies only to acquisitions of real property by an agency for a program orproject for which federal financial assistance will be available to pay all orany part of the cost of the program or project, except that if any otherprovision of state law is applicable to the acquisitions, and the provision ofstate law requires relocation payments and assistance or prescribes landacquisition policies which are equivalent to or are greater or more stringentthan the payments, assistance or policies specified by this act, the otherprovision of state law applies to the acquisitions.
16-7-121. Damages in condemnation proceedings.
Nothingin this act shall be construed as creating, in any condemnation proceedingsbrought under the power of eminent domain, any element of damages not inexistence on the date of enactment of this act.
Thisact is known and may be cited as the "Wyoming Relocation Assistance Act of1973".
16-7-102. Definitions.
(a) As used in this act:
(i) "Agency" means any department, agency orinstrumentality of the state or of a political subdivision of the state, anydepartment, agency or instrumentality of two (2) or more political subdivisionsof the state which has the authority to acquire property by eminent domainunder state law;
(ii) "Business" means any lawful activity, excepting afarm operation, conducted:
(A) Primarily for the purchase, sale, lease and rental ofpersonal and real property, and for the manufacture, processing or marketing ofproducts, commodities or any other personal property;
(B) For the sale of services to the public;
(C) By a nonprofit organization; or
(D) Solely for the purposes of W.S. 16-7-103, for assisting inthe purchase, sale, resale, manufacture, processing or marketing of products,commodities, personal property or services by the erection and maintenance ofan outdoor advertising display, whether or not the display is located on thepremises on which any of the above activities are conducted.
(iii) "Comparable replacement dwelling" means anydwelling that is:
(A) Decent, safe and sanitary;
(B) Adequate in size to accommodate the occupants;
(C) Within the financial means of the displaced person;
(D) Functionally equivalent to the displaced person's priordwelling;
(E) Located in an area not subject to unreasonably adverseenvironmental conditions; and
(F) In a location generally not less desirable than thelocation of the displaced person's dwelling with respect to public utilities,facilities, services and the displaced person's place of employment.
(iv) "Displaced person" means except as provided inW.S. 16-7-103(a) and (b) and 16-7-106:
(A) Any person who moves from real property, or moves hispersonal property from real property:
(I) As a direct result of a written notice of intent to acquireor the actual acquisition of all or part of the real property; or
(II) Upon which the person is a residential tenant, conducts asmall business, a farm operation or a business defined in W.S. 16-7-102(a)(ii)(D),as a direct result of rehabilitation, demolition or other displacing activityas the agency may prescribe under a program or project undertaken by adisplacing agency in which the displacing agency determines that thedisplacement is permanent.
(B) Solely for the purposes of W.S. 16-7-103(a) and (b), and16-7-106, any person who moves from real property or moves his personalproperty from real property:
(I) As a direct result of a written notice of intent to acquireor the actual acquisition of other real property in whole or in part for aprogram or project undertaken by a displacing agency; or
(II) As a direct result of rehabilitation, demolition or otherdisplacing activity as the agency may prescribe under a program or projectundertaken by a displacing agency where the displacing agency determines thatthe displacement is permanent.
(C) "Displaced person" does not include:
(I) A person who has been determined according to criteriaestablished by the agency to be either unlawfully occupying the displacementdwelling or to have occupied the dwelling for the purpose of obtainingassistance under this act; and
(II) Any person, other than a person who was an occupant of theproperty at the time it was acquired, who occupies the property on a rentalbasis for a short term or a period subject to termination when the property isneeded for the program or project.
(v) "Displacing agency" means an agency carrying outa program or project with federal or state financial assistance which causes aperson to be a displaced person;
(vi) "Farm operation" means any activity conductedsolely or primarily for the production of one (1) or more agricultural productsor commodities, including timber, produced in sufficient quantity to becapable of contributing materially to the operator's support as determined bythe agency;
(vii) "Federal financial assistance" means a grant,loan, any interest reduction payment to an individual in connection with thepurchase and occupancy of a residence by that individual or contributionprovided by the United States, except any federal guarantee or insurance;
(viii) "Mortgage" means classes of liens commonlygiven to secure advances on, or the unpaid purchase price of, real property,under the laws of the state in which the real property is located together withany credit instruments;
(ix) "Nonprofit organization" means any organization,business or corporation organized under any law of this state or under the lawof any other jurisdiction, for a purpose other than the conduct of business forprofit, and includes corporations organized for charitable, educational,religious or social and fraternal purposes;
(x) "This act" means W.S. 16-7-101 through 16-7-121.
16-7-103. Relocation payments to displaced persons.
(a) Whenever a program or project to be undertaken by adisplacing agency will result in the displacement of any person, the displacingagency shall provide for the payment to the displaced person of:
(i) Actual reasonable expenses in moving himself, his family,business, farm operation or other personal property;
(ii) Actual direct losses of tangible personal property as aresult of moving or discontinuing a business or farm operation, but not toexceed an amount equal to the reasonable expenses that would have been requiredto relocate the property, as determined by the agency;
(iii) Actual reasonable expenses in searching for a replacementbusiness or farm; and
(iv) Actual reasonable expenses necessary to reestablish adisplaced farm, nonprofit organization or small business at its new site, inaccordance with criteria to be established by the agency.
(b) Any displaced person eligible for payments under subsection(a) of this section who is displaced from a dwelling and who elects to acceptthe payments authorized by this subsection in lieu of the payments authorizedby subsection (a) of this section may receive an expense and dislocationallowance, determined according to a schedule established by the agency.
(c) Any displaced person eligible under criteria established bythe agency for payments under subsection (a) of this section who is displacedfrom his place of business or from his farm operation may elect to accept afixed payment authorized by this subsection in lieu of the payment authorizedby subsection (a) of this section. The fixed payment shall be determined by theagency and shall not be less than one thousand dollars ($1,000.00) nor morethan twenty thousand dollars ($20,000.00). A person whose sole business at thedisplacement dwelling is the rental of the property to others shall not qualifyfor a payment under this subsection.
(i) Repealed by Laws 1989, ch. 241, 2.
(ii) Repealed by Laws 1989, ch. 241, 2.
16-7-104. Replacement housing payments; home owners.
(a) In addition to payments otherwise authorized by this act,the displacing agency shall make a payment not in excess of twenty-two thousandfive hundred dollars ($22,500.00) to any displaced person who is displaced froma dwelling actually owned and occupied by the displaced person for not lessthan one hundred eighty (180) days prior to the initiation of negotiations forthe acquisition of the property. The additional payment shall include:
(i) The amount, if any, which when added to the acquisitioncost of the dwelling acquired by the displacing agency, equals the reasonablecost of a comparable replacement dwelling;
(ii) The amount, if any, which will compensate the displacedperson for any increased interest costs and other debt service costs which theperson is required to pay for financing the acquisition of a comparablereplacement dwelling. The amount shall be paid only if the dwelling acquired bythe displacing agency was encumbered by a bona fide mortgage which was a validlien on the dwelling for not less than one hundred eighty (180) daysimmediately prior to the initiation of negotiations for the acquisition of thedwelling; and
(iii) Reasonable expenses incurred by the displaced person forevidence of title, recording fees and other closing costs incident to thepurchase of the replacement dwelling, but not including prepaid expenses.
(b) The additional payment authorized by this section shall bemade only to a displaced person who purchases and occupies a replacementdwelling which is decent, safe and sanitary within one (1) year after the dateon which he receives final payment from the displacing agent for the acquireddwelling or the date on which the obligation of the displacing agency underW.S. 16-7-107 is met, whichever is later, except that the displacing agency mayextend the period for good cause. If the period is extended, the payment underthis section shall be based on the costs of relocating the person to acomparable replacement dwelling within one (1) year of such date.
16-7-105. Replacement housing payment; tenants.
(a) In addition to amounts otherwise authorized by this act, adisplacing agency shall make a payment to or for any displaced person displacedfrom any dwelling and not eligible to receive a payment under W.S. 16-7-104,providing the displaced person actually and lawfully occupied the dwelling fornot less than ninety (90) days immediately prior to:
(i) The initiation of negotiations for acquisition of thedwelling; or
(ii) An event as prescribed by the agency in any case in whichdisplacement is not a direct result of acquisition.
(b) The payment under subsection (a) of this section shallconsist of the amount necessary to enable the displaced person to lease orrent, for a period not to exceed forty-two (42) months a comparable replacementdwelling not to exceed five thousand two hundred fifty dollars ($5,250.00). At the discretion of the displacing agency, a payment under this subsection maybe made in periodic installments. Computation of a payment under thissubsection to a low-income displaced person for a comparable replacementdwelling shall take into account the person's income.
(c) Any person eligible for a payment under subsections (a) and(b) of this section may elect to apply the payment to a down payment includingincidental expenses on the purchase of a decent, safe and sanitary replacementdwelling. That person may at the discretion of the displacing agency beeligible under this subsection for the maximum payment allowed under subsection(b) of this section, except that in the case of a displaced home owner who hasowned and occupied the displacement dwelling for at least ninety (90) days butnot more than one hundred eighty (180) days immediately prior to the initiationof negotiations for the acquisition of the dwelling, the payment shall notexceed the payment the person would otherwise have received under W.S.16-7-104(a) of this act had the person owned and occupied the displacementdwelling one hundred eighty (180) days immediately prior to the initiation ofthe negotiations.
(a) Programs or projects undertaken by a displacing agencyshall be planned in a manner that:
(i) Recognizes at an early stage in the planning of theprograms or projects and before the commencement of any actions which willcause displacements, the problems associated with the displacement ofindividuals, families, businesses and farm operations; and
(ii) Provides for the resolution of the problems in order tominimize adverse impacts on displaced persons and to expedite program orproject advancement and completion.
(b) Displacing agencies shall ensure that the relocationassistance advisory services described in subsection (c) of this section aremade available to all persons displaced by the agency. If the agencydetermines that any person occupying property immediately adjacent to theproperty where the displacing activity occurs is caused substantial economicinjury due to the activity, the agency may make available the advisoryservices.
(c) Each relocation assistance advisory program required bysubsection (b) of this section shall include measures, facilities or servicesas may be necessary or appropriate in order to:
(i) Determine and make timely recommendations on the needs andpreferences of displaced persons for relocation assistance;
(ii) Assist a person displaced from a business or farm operationin obtaining and becoming established in a suitable replacement location;
(iii) Supply:
(A) Information concerning programs of the federal, state andlocal governments offering assistance to displaced persons; and
(B) Technical assistance to persons applying for assistanceunder the programs.
(iv) Provide other advisory services to displaced persons inorder to minimize hardships to displaced persons in adjusting to relocation;
(v) The displacing agency shall coordinate relocationactivities performed by the agency with other federal, state or localgovernmental actions in the community which could affect the efficient andeffective delivery of relocation assistance and related services; and
(vi) Provide current and continuing information on theavailability, sales prices and rental charges of comparable replacementdwellings for displaced home owners and tenants and suitable locations forbusinesses and farm operations.
(d) Notwithstanding W.S. 16-7-102(a)(iv)(C) in any case inwhich a displacing agency acquires property for a program or project, anyperson who occupies the property on a rental basis for a short term or a periodsubject to termination when the property is needed for the program or projectis eligible for advisory services to the extent determined by the displacingagency.
16-7-107. Assurance of replacement housing; waiver.
(a) If a program or project undertaken by a displacing agencycannot proceed on a timely basis because comparable replacement dwellings arenot available and the displacing agency determines that the dwellings cannototherwise be made available, the displacing agency may take action asnecessary or appropriate to provide dwellings by use of funds authorized forthe project. The displacing agency may use this section to exceed the maximumamounts which may be paid under W.S. 16-7-104 and 16-7-105 on a case-by-casebasis for good cause as determined in accordance with rules and regulationspromulgated by the agency. Regulations issued pursuant to W.S. 16-7-108 mayprescribe situations when these assurances may be waived.
(b) No person shall be required to move from a dwelling due toany program or project undertaken by a displacing agency unless the displacingagency is satisfied that comparable replacement housing is available to theperson.
(c) The displacing agency shall assure that a person shall notbe required to move from a dwelling unless the person has had a reasonableopportunity to relocate to a comparable replacement dwelling, except in thecase of:
(i) A major disaster as defined in the Disaster Relief Act of1974, 42 U.S.C. 5122;
(ii) Any other emergency which requires the person to moveimmediately from the dwelling because continued occupancy of the dwelling bythe person constitutes a substantial danger to the health or safety of theperson.
16-7-108. Assurance of replacement housing; prescription of rules,regulations and procedures by governor.
(a) The governor shall adopt rules and regulations as may benecessary under federal laws and the rules and regulations promulgatedthereunder to assure that:
(i) The payments and assistance authorized by this act shall beadministered in a manner which is fair and reasonable, and as uniform aspracticable;
(ii) A displaced person who makes proper application for apayment authorized by this act shall be paid promptly after a move or, inhardship cases, be paid in advance; and
(iii) Any person aggrieved by a determination as to eligibilityfor a payment authorized by this act, or the amount of a payment, may have hisapplication reviewed in accordance with the Wyoming Administrative ProcedureAct.
(b) The governor may prescribe other regulations andprocedures, consistent with the provisions of this act.
16-7-109. Assurance of replacement housing; administration ofrelocation programs.
Inorder to prevent unnecessary expense and duplication of functions, and topromote uniform and effective administration of relocation assistance programsfor displaced persons, with the approval of the governor the agency may enterinto contracts with any person for services in connection with those programs,or may carry out its functions under this act through any federal agency or anydepartment or instrumentality of the state or its political subdivisions havingan established organization for conducting relocation assistance programs.
16-7-110. Available funds.
(a) Funds appropriated or otherwise available to any stateagency or unit of local government for the acquisition of real property or anyinterest therein for a particular program or project shall also be available tocarry out the provisions of this act as applied to that program or project.
(b) No payment or assistance under this act shall be requiredto be made to any person or included as a program or project cost under thissection, if the person receives a payment required by federal, state or locallaw which is determined by the agency to have substantially the same purposeand effect as the payment under this act.
16-7-111. Available funds; state financial assistance for localrelocation payments and services.
Ifan agency of any political subdivision of the state acquires real property, andstate financial assistance is available to pay all or part of the cost of theacquisition of that real property, or of the improvement for which the propertyis acquired, the cost to the agency of providing the payments and servicesprescribed by this act shall be included as part of the costs of the projectfor which state financial assistance is available and the agency is eligiblefor state financial assistance for relocation payments and services in the samemanner and to the same extent as other project costs.
16-7-112. Repealed by Laws 1989, ch. 241, 2.
16-7-113. Displacement payments not considered as income for public assistance purposes.
Nopayment received by a displaced person under this act is considered as incomeor as a resource for the purpose of determining the eligibility or extent ofeligibility of any person for assistance under any state law or for thepurposes of the state's personal income tax law, corporation tax law or othertax laws. These payments are not considered as income or resources of anyrecipient of public assistance, and the payments shall not be deducted from theamount of aid to which the recipient would otherwise be entitled.
16-7-114. Appeals by aggrieved persons.
Anyperson or business concern aggrieved by a final administrative determinationpursuant to the Wyoming Administrative Procedure Act concerning eligibility forrelocation payments authorized by this act may appeal that determination to thedistrict court in the area in which the land taken for public use is located orin which the building code enforcement activity occurs or the voluntaryrehabilitation program is conducted.
16-7-115. Programs with federal financing; reimbursable expenses ofdisplaced property owner.
(a) Any agency acquiring real property for a program or projectfor which federal financial assistance will be available to pay all or any partof the cost of the program or project shall, as soon as practicable after thedate of payment of the purchase price or the date of deposit into court offunds to satisfy the award of compensation in a condemnation proceeding to acquirereal property, whichever is earlier, reimburse the owner, to the extent theacquiring agency deems fair and reasonable, for expenses he necessarilyincurred for:
(i) Recording fees, transfer taxes and similar expensesincidental to conveying such real property to the acquiring agency;
(ii) Penalty costs for prepayment for any preexisting recordedmortgage entered into in good faith encumbering such real property; and
(iii) The pro rata portion of real property taxes paid which areallocable to a period subsequent to the date of vesting title in the acquiringagency, or the effective date of possession of the real property by theacquiring agency, whichever is earlier.
16-7-116. Programs with federal financing; condemnation proceedings;winning owner's reimbursable litigation expenses.
Ifa condemnation proceeding is instituted by an agency to acquire real propertyfor a purpose as set forth in W.S. 16-7-115, and the final judgment is that thereal property cannot be acquired by condemnation or that the proceeding isabandoned, the owner of any right, title or interest in the real property shallbe paid a sum which will, in the opinion of the court, reimburse the owner forhis reasonable attorney, appraisal and engineering fees actually incurredbecause of the condemnation proceedings. The award of the sums will be paid bythe agency which sought to condemn the property.
16-7-117. Programs with federal financing; inverse condemnationproceedings.
Ifan inverse condemnation proceeding is instituted by the owner of any right,title or interest in real property because of the alleged taking of hisproperty for any program or project for which federal financial assistance willbe available to pay all or any part of the cost of the program or project, thecourt, rendering a judgment for the plaintiff in the proceeding and awardingcompensation for the taking of property, or attorney for the acquiring agencyeffecting a settlement of any proceeding, determines and awards or allows tothe plaintiff, as a part of the judgment or settlement, a sum which will, inthe opinion of the court or the attorney, reimburse the plaintiff for hisreasonable costs, disbursements and expenses, including reasonable attorney,appraisal and engineering fees, actually incurred because of the proceeding.
16-7-118. Programs with federal financing; real property acquisitionpolicies.
(a) Any agency which acquires real property for a program orproject for which federal financial assistance will be available to pay all orany part of the cost of the program or project shall comply with the followingpolicies:
(i) Every reasonable effort shall be made to acquireexpeditiously real property by negotiation;
(ii) Real property shall be appraised before the initiation ofnegotiations, and the owner or his designated representative shall be given anopportunity to accompany the appraiser during his inspection of the property. The agency may prescribe a procedure to waive the appraisal in cases involvingthe acquisition by sale or donation of property with a low fair market value;
(iii) Before the initiation of negotiations for real property, anamount shall be established which is reasonably believed to be justcompensation therefor, and that amount shall be offered for the property. In noevent shall the amount be less than the approved appraisal of the fair marketvalue of the property. Any decrease or increase in the fair market value ofreal property, prior to the date of valuation caused by the public improvement forwhich the property is acquired, or by the likelihood that the property would beacquired for the improvement, other than that due to physical deteriorationwithin the reasonable control of the owner, shall be disregarded in determiningthe compensation for the property. The owner of the real property to beacquired shall be provided with a written statement of, and summary of thebasis for, the amount established as just compensation. If appropriate, thejust compensation for the real property acquired and for damages to remainingreal property shall be separately stated;
(iv) No owner is required to surrender possession of realproperty before the agreed purchase price is paid or before there is depositedwith the court, in accordance with applicable law, for the benefit of theowner, an amount not less than the approved appraisal of the fair market valueof the property, or the amount of the award of compensation in the condemnationproceeding of the property;
(v) The construction or development of a program or project forwhich federal financial assistance will be available to pay all or any part ofthe cost of the program or project shall be so scheduled that, to the greatestextent practicable, no person lawfully occupying real property shall berequired to move from a dwelling (assuming a replacement dwelling will beavailable) or to move his business or farm operation without at least ninety(90) days written notice of the date by which the move is required;
(vi) If an owner or tenant is permitted to occupy the realproperty acquired on a rental basis for a short term or for a period subject totermination by the acquiring agency on short notice, the amount of rentrequired shall not exceed the fair rental value of the property to a short-termoccupier;
(vii) In no event shall the time of condemnation be advanced, ornegotiations or condemnation and the deposit of funds in court for the use ofthe owner be deferred, or any other action coercive in nature be taken tocompel an agreement on the price to be paid for the property;
(viii) If an interest in real property is to be acquired byexercise of the power of eminent domain, formal condemnation proceedings shallbe instituted. The acquiring agency shall not intentionally make it necessaryfor an owner to institute legal proceedings to prove the fact of the taking ofhis real property;
(ix) If the acquisition of only a portion of the property wouldleave the owner with an uneconomic remnant, the agency shall offer to acquirethe remnant;
(x) A person whose real property is being acquired inaccordance with this section may, after the person has been fully informed ofhis right to receive just compensation for the property, donate the property,any part of the property, any interest in the property, or any compensationpaid for the property to an agency, as the person shall determine;
(xi) For purposes of this section:
(A) "Acquiring agency" means:
(I) An agency as defined in W.S. 16-7-102(a)(i) which has theauthority to acquire property by eminent domain under state law; or
(II) An agency or person which does not have the authority toacquire property by eminent domain under state law, to the extent provided bythe governor by rules and regulations.
(B) "Appraisal" means a written statementindependently and impartially prepared by a qualified appraiser setting forthan opinion of defined value of adequately described property as of a specificdate supported by the presentation and analysis of relevant market information;
(C) "Uneconomic remnant" means a parcel of realproperty in which the owner is left with an interest after the partialacquisition of the owner's property and which the agency has determined haslittle or no value or utility to the owner.
16-7-119. Programs with federal financing; buildings, structures andimprovements upon acquired property; acquisition of interest; compensationtherefor.
(a) If any interest in real property is acquired for a programor project for which federal assistance will be available to pay all or anypart of the cost of the program or project, the acquiring agency shall acquirean equal interest in all buildings, structures or other improvements locatedupon the real property so acquired and which are required to be removed fromthe real property or which the head of the acquiring agency determines will beadversely affected by the use to which the real property will be put.
(b) For the purpose of determining the just compensation to bepaid for any building, structure or other improvement required to be acquiredby subsection (a) of this section, the building, structure or other improvementis deemed to be a part of the real property to be acquired notwithstanding theright or obligation of a tenant, as against the owner of any other interest inthe real property, to remove the building, structure or improvement at theexpiration of his term, and the fair market value which the building, structureor improvement contributes to the fair market value of the real property to beacquired, or the fair market value of the building, structure or improvementfor removal from the real property, whichever is greater, shall be paid to thetenant therefor.
(c) Payment for buildings, structure [structures] orimprovements as set forth in this section shall not result in duplication ofany payments otherwise authorized by state law. No payment shall be made unlessthe owner of the land involved disclaims all interest in the improvements ofthe tenant. In consideration for any payment, the tenant shall assign, transferand release all his right, title and interest in and to the improvements.Nothing in this section shall be construed to deprive the tenant of any rightsto reject payment and to obtain payment for the property interests inaccordance with other laws of the state.
16-7-120. Applicability of real property acquisition provisions.
Thisact applies only to acquisitions of real property by an agency for a program orproject for which federal financial assistance will be available to pay all orany part of the cost of the program or project, except that if any otherprovision of state law is applicable to the acquisitions, and the provision ofstate law requires relocation payments and assistance or prescribes landacquisition policies which are equivalent to or are greater or more stringentthan the payments, assistance or policies specified by this act, the otherprovision of state law applies to the acquisitions.
16-7-121. Damages in condemnation proceedings.
Nothingin this act shall be construed as creating, in any condemnation proceedingsbrought under the power of eminent domain, any element of damages not inexistence on the date of enactment of this act.
