State Codes and Statutes

Statutes > Wyoming > Title36 > Chapter9

CHAPTER 9 - Sale of State Lands

 

36-9-101. Authority; restrictions.

 

 

(a) The board of land commissioners may at any time direct thesale of state lands subject to any lease thereof. Subject to criteriaestablished by the board, any person may request that a parcel of state land beconsidered for sale by the board, but such lands shall only be nominated forsale by a majority vote of the board. Such lands which have been reserved inany way to the public use, or for the use of public institutions, shall not besold to any member of the board. The board shall sell such lands according tothe subdivisions of sections as established by the United States surveythereof, or by metes and bounds, as may appear to be to the interest of thestate of Wyoming. The board shall sell such subdivisions as it shall deem for thebest interests of the state land trust. The board shall not sell state landunless the board finds that the proceeds from the sale are protected frominflationary effects and the proceeds will earn a significantly higher rate ofreturn than can be realized through retention of the surface estate and if theboard finds that the sale will:

 

(i) Make state lands more manageable where the lands are nototherwise manageable;

 

(ii) Meet a specific need of a school or community for land;

 

(iii) Better meet multiple use objectives of the beneficiaries ofthe trust; or

 

(iv) Realize a clear long term benefit to the trust whichsubstantially exceeds the present and probable future benefit from continuedownership.

 

36-9-102. Manner of sale; minimum price.

 

Allstate lands shall be disposed of only at public auction to the highestresponsible bidder after having been duly appraised by the board, and shall besold at not less than the appraised value thereof, and for not less than tendollars ($10.00) per acre.

 

36-9-103. Appraisers for improvements.

 

Allimprovements upon state lands, when such lands are to be sold as provided byW.S. 36-9-102, shall be appraised by three (3) disinterested persons who shallappraise the improvements separately from the lands, though they may beattached thereto. The said appraisers shall upon application of the state landboard, be appointed by a judge of the district court of the judicial districtwherein the lands are situate.

 

36-9-104. Advertisement.

 

Allsales of state lands under this act shall be advertised for four (4)consecutive weeks in some newspaper in the county in which such land issituated, if there be such paper; if not, then in some paper published in anadjoining county. Advertisements of such sales may be made in other papers, asthe board may direct. The advertisement shall state the time, place,description of land, and terms of sale, and the price at which the land wasappraised by the board for each parcel.

 

36-9-105. Purchaser to pay owner appraised value of improvements;receipt.

 

Ifany state lands are sold upon which surface improvements, including irrigationworks of any kind, have been made by a lessee, or for which water rights orproportionate interests in irrigation, reservoirs, canals, or systems, havebeen acquired, the improvements, irrigation works and water rights shall beappraised under the direction of the board. The purchaser of the lands, uponwhich improvements and irrigation works have been made, or for which waterrights have been acquired as herein provided for, shall pay the owner of suchimprovements, irrigation works or water rights, as the case may be, the contributoryvalue thereof, and take a receipt therefor, and shall deliver the receipt tothe director before he shall receive a patent or certificate of purchase. Allsuch receipts shall be filed and preserved in the office of state lands andinvestments. For purposes of this section, "contributory value"means the increased value of the property after the lessee's improvements areconsidered.

 

36-9-106. Place of sale; execution of leases.

 

All sales of state lands shall be held at alocation to be determined by the board within the county in which the land islocated and leases for state lands may be executed in the presence of anotarial officer or other officer authorized to administer oaths.

 

36-9-107. Terms of payment.

 

(a) The terms of payment for school and state lands shall be asfollows: not less than twenty-five percent (25%) of the purchase price in cashon day of sale, the balance is not to exceed thirty (30) equal annual paymentsfigured on the amortization plan, which shall include interest on the deferredpart of the payments at a rate of interest established by the board inaccordance with current interests rates. The interest rate on all amounts notpaid when due shall be established by the board in accordance with currentlending practices. The purchaser may pay in full at the time of the sale orpayment of any installment may be made at any time if accrued interest is paidto the time of payment.

 

(b) When school or state lands are sold under an installmentcontract the state shall insert a provision that the vendee shall pay the taxesupon the fair value of the lands sold from the date of the contract. Theprovision is binding upon the vendee. The installment contract shall berecorded in the county wherein the lands are situated by the vendee withinthirty (30) days following its execution.

 

36-9-108. "Amortization plan" defined.

 

Theamortization plan is hereby defined, when applied to state land contracts orcertificates, as being that plan under which part of the principal is requiredto be paid each time interest becomes due and payable, and under which thispart payment on the principal increases at each succeeding installment in thesame amount that the interest payment decreases, so that the combined amountdue on principal and interest on each due date remains the same until the loanis paid in full.

 

36-9-109. Certificate of purchase; issuance and contents.

 

Whenany state land shall have been purchased according to law, the board shall makeand deliver to the purchaser a certificate of purchase, which shall contain thename of the purchaser, a description of the land purchased, the sum paid, thesum remaining unpaid, the amount of annual payments, which shall include theaccrued interest, upon the amortization plan as hereinbefore defined, and thedate on which each of the deferred payments falls due. All annual paymentsshall be due and payable on the first day of December of each year, providedthat interest is paid on the full amount of the deferred payments at the rate offour percent (4%) per annum from date of the sale to the first day of Decemberfollowing such date of sale.

 

36-9-110. Certificate of purchase; conversion of outstandingcertificates; fee.

 

 

(a) Any certificate of purchase of state or school land issuedand outstanding when this act takes effect may be converted into anamortization certificate on the plan set forth in this act at the request ofthe holder of said certificate of purchase, and with the consent of the stateboard of land commissioners; provided, however, that any certificate holderconverting said certificate as herein provided shall pay interest on futurepayments at the rate of four and one-quarter percent (4 1/4%) per annum and sixpercent (6%) per annum on all amounts not paid when due.

 

(b) The director shall collect in addition to the fees providedby law the sum of two dollars ($2.00) to be used by him for expenses incidentalwith transfers as made optional by this act for supplies, extra clerk hire,etc., and any unused portion of same shall be paid to the state treasurer atsuch time as all transfers have been made.

 

36-9-111. Certificate of purchase; loss or wrongful detention.

 

Whenevera certificate of purchase shall be lost, or wrongfully withheld from the ownerthereof, the board may receive evidence of such loss or wrongful detention, andupon satisfactory proof of this fact, and such indemnity therefor as the boardmay prescribe, it may cause a new certificate of purchase or patent, as thecase may be, to be issued to such person as shall appear to it to be theproprietor of the land described in the original certificate of purchase.

 

36-9-112. Granting of patents; reservation of minerals.

 

(a) Whenever the purchaser of any state land, or his assign,has complied with all the conditions of this act and has paid all the purchasemoney therefor, together with the lawful interest thereon, he shall receive apatent for the land purchased. Such patent shall run in the name of the stateof Wyoming, it shall be signed by the governor, and countersigned by thedirector, and attested by the seal of the board. Such patent signed andexecuted as aforesaid shall convey a good and sufficient title to the patenteetherein named. A fee interest in any state land may be perfected only as hereinprovided and only by express grant by the state of Wyoming for that purpose.

 

(b) Patents issued by the state of Wyoming shall contain areservation to the state of all the minerals, whether or not now known, orwhich may be discovered hereafter, together with the right of ingress andegress to prospect for, mine, and remove such minerals. The board of landcommissioners is authorized to promulgate rules and regulations necessary toimplement the exchange of mineral rights on a value for value basis. Theexchange program may authorize a cash equalization receipt or payment of up totwenty-five percent (25%) of the value of the mineral rights. Any receiptshall be deposited into, and any payment shall be made from, the permanent landfund.

 

36-9-113. Deposition of moneys.

 

Allmoneys arising from the sale or lease of state lands as collected shall be paidby the board to the treasurer of the state, who shall receipt for the money.

 

36-9-114. Refund of money when paid by mistake.

 

Incase any person, persons or corporation shall pay to the board of landcommissioners any money for any state or school lands sold to him, or them, orin case any person shall pay into the state treasury, any money inconsideration of the leasing of lands, which said board supposed to belong tothe state, and it shall thereafter be discovered that such lands do not belongto the state, and were not subject to sale by the state, as state or schoollands, such money, together with interest - except in the case of money paidfor leases - at the rate of six percent (6%) per annum from the date of thepatent for such lands, but without interest if they have not been patented,shall be refunded to the person buying the same, upon certificate from theboard of land commissioners to the effect that such money has been paid undermistake as aforesaid, such certificate being accompanied by a verifiedstatement of account thereof, as in the case of other claims against the state;and upon the presentation of such certificate to the state auditor he shalldraw his warrant upon the state treasurer for the amount named in suchcertificate, if the same is within the limit of any appropriation of money forsaid purpose. And it is hereby made the duty of said board to furnish suchcertificates upon ascertaining the fact of the mistake having been made.

 

36-9-115. Determination of claims; rules and regulations againstfraud.

 

Theboard of land commissioners may hear and determine the claims of each personwho may claim to be entitled, in whole or in part, to any lands owned by thisstate. The decisions of the board shall be final until set aside by a court ofcompetent jurisdiction. The board may establish such rules and regulations asin its opinion may be proper to prevent fraudulent applications being granted.

 

36-9-116. Trespass.

 

Anyperson who shall use or who shall occupy any state land without lease orcertificate of purchase, and any person who shall use or occupy state lands formore than thirty (30) days after the cancellation or expiration of his lease,unless he shall be a purchaser thereof, shall be a trespasser; and uponconviction thereof shall be fined not less than twenty-five dollars ($25.00)and not more than five hundred dollars ($500.00), and the bondsmen of suchlessee shall, upon the bond of such lessee, be equally liable with the lesseefor the payment of such fine imposed.

 

36-9-117. Institution of actions.

 

Allcivil suits or actions brought under the provisions of this act shall beinstituted by the board, in the name of the people of the state of Wyoming.

 

36-9-118. Rights-of-way for public conveyances.

 

Theboard of land commissioners may, at their discretion, grant permanentrights-of-way or easements across or upon any portion of state or school lands,upon such terms as the board may determine, for any ditch, reservoir, railroad,public highway, telegraph and telephone lines, or other public conveyances.

 

36-9-119. Rights of ditch owners.

 

Nothingin this act shall be construed so as to impair the rights of any ditch company,or any person owning any ditch or ditches, on or passing through any of thelands included herein.

 

36-9-120. Rights-of-way to counties.

 

Uponapplication of the board of county commissioners of any county, the board ofland commissioners shall have authority to grant either a temporary orpermanent right-of-way for ditches owned by the county or for county roads overand across any of the state or school lands, upon such terms as said board maydetermine, and to issue to such county a certificate therefor; no charge shallbe exacted for the filing of such application or for the issuance of suchcertificate or for granting and recording a right-of-way.

 

State Codes and Statutes

Statutes > Wyoming > Title36 > Chapter9

CHAPTER 9 - Sale of State Lands

 

36-9-101. Authority; restrictions.

 

 

(a) The board of land commissioners may at any time direct thesale of state lands subject to any lease thereof. Subject to criteriaestablished by the board, any person may request that a parcel of state land beconsidered for sale by the board, but such lands shall only be nominated forsale by a majority vote of the board. Such lands which have been reserved inany way to the public use, or for the use of public institutions, shall not besold to any member of the board. The board shall sell such lands according tothe subdivisions of sections as established by the United States surveythereof, or by metes and bounds, as may appear to be to the interest of thestate of Wyoming. The board shall sell such subdivisions as it shall deem for thebest interests of the state land trust. The board shall not sell state landunless the board finds that the proceeds from the sale are protected frominflationary effects and the proceeds will earn a significantly higher rate ofreturn than can be realized through retention of the surface estate and if theboard finds that the sale will:

 

(i) Make state lands more manageable where the lands are nototherwise manageable;

 

(ii) Meet a specific need of a school or community for land;

 

(iii) Better meet multiple use objectives of the beneficiaries ofthe trust; or

 

(iv) Realize a clear long term benefit to the trust whichsubstantially exceeds the present and probable future benefit from continuedownership.

 

36-9-102. Manner of sale; minimum price.

 

Allstate lands shall be disposed of only at public auction to the highestresponsible bidder after having been duly appraised by the board, and shall besold at not less than the appraised value thereof, and for not less than tendollars ($10.00) per acre.

 

36-9-103. Appraisers for improvements.

 

Allimprovements upon state lands, when such lands are to be sold as provided byW.S. 36-9-102, shall be appraised by three (3) disinterested persons who shallappraise the improvements separately from the lands, though they may beattached thereto. The said appraisers shall upon application of the state landboard, be appointed by a judge of the district court of the judicial districtwherein the lands are situate.

 

36-9-104. Advertisement.

 

Allsales of state lands under this act shall be advertised for four (4)consecutive weeks in some newspaper in the county in which such land issituated, if there be such paper; if not, then in some paper published in anadjoining county. Advertisements of such sales may be made in other papers, asthe board may direct. The advertisement shall state the time, place,description of land, and terms of sale, and the price at which the land wasappraised by the board for each parcel.

 

36-9-105. Purchaser to pay owner appraised value of improvements;receipt.

 

Ifany state lands are sold upon which surface improvements, including irrigationworks of any kind, have been made by a lessee, or for which water rights orproportionate interests in irrigation, reservoirs, canals, or systems, havebeen acquired, the improvements, irrigation works and water rights shall beappraised under the direction of the board. The purchaser of the lands, uponwhich improvements and irrigation works have been made, or for which waterrights have been acquired as herein provided for, shall pay the owner of suchimprovements, irrigation works or water rights, as the case may be, the contributoryvalue thereof, and take a receipt therefor, and shall deliver the receipt tothe director before he shall receive a patent or certificate of purchase. Allsuch receipts shall be filed and preserved in the office of state lands andinvestments. For purposes of this section, "contributory value"means the increased value of the property after the lessee's improvements areconsidered.

 

36-9-106. Place of sale; execution of leases.

 

All sales of state lands shall be held at alocation to be determined by the board within the county in which the land islocated and leases for state lands may be executed in the presence of anotarial officer or other officer authorized to administer oaths.

 

36-9-107. Terms of payment.

 

(a) The terms of payment for school and state lands shall be asfollows: not less than twenty-five percent (25%) of the purchase price in cashon day of sale, the balance is not to exceed thirty (30) equal annual paymentsfigured on the amortization plan, which shall include interest on the deferredpart of the payments at a rate of interest established by the board inaccordance with current interests rates. The interest rate on all amounts notpaid when due shall be established by the board in accordance with currentlending practices. The purchaser may pay in full at the time of the sale orpayment of any installment may be made at any time if accrued interest is paidto the time of payment.

 

(b) When school or state lands are sold under an installmentcontract the state shall insert a provision that the vendee shall pay the taxesupon the fair value of the lands sold from the date of the contract. Theprovision is binding upon the vendee. The installment contract shall berecorded in the county wherein the lands are situated by the vendee withinthirty (30) days following its execution.

 

36-9-108. "Amortization plan" defined.

 

Theamortization plan is hereby defined, when applied to state land contracts orcertificates, as being that plan under which part of the principal is requiredto be paid each time interest becomes due and payable, and under which thispart payment on the principal increases at each succeeding installment in thesame amount that the interest payment decreases, so that the combined amountdue on principal and interest on each due date remains the same until the loanis paid in full.

 

36-9-109. Certificate of purchase; issuance and contents.

 

Whenany state land shall have been purchased according to law, the board shall makeand deliver to the purchaser a certificate of purchase, which shall contain thename of the purchaser, a description of the land purchased, the sum paid, thesum remaining unpaid, the amount of annual payments, which shall include theaccrued interest, upon the amortization plan as hereinbefore defined, and thedate on which each of the deferred payments falls due. All annual paymentsshall be due and payable on the first day of December of each year, providedthat interest is paid on the full amount of the deferred payments at the rate offour percent (4%) per annum from date of the sale to the first day of Decemberfollowing such date of sale.

 

36-9-110. Certificate of purchase; conversion of outstandingcertificates; fee.

 

 

(a) Any certificate of purchase of state or school land issuedand outstanding when this act takes effect may be converted into anamortization certificate on the plan set forth in this act at the request ofthe holder of said certificate of purchase, and with the consent of the stateboard of land commissioners; provided, however, that any certificate holderconverting said certificate as herein provided shall pay interest on futurepayments at the rate of four and one-quarter percent (4 1/4%) per annum and sixpercent (6%) per annum on all amounts not paid when due.

 

(b) The director shall collect in addition to the fees providedby law the sum of two dollars ($2.00) to be used by him for expenses incidentalwith transfers as made optional by this act for supplies, extra clerk hire,etc., and any unused portion of same shall be paid to the state treasurer atsuch time as all transfers have been made.

 

36-9-111. Certificate of purchase; loss or wrongful detention.

 

Whenevera certificate of purchase shall be lost, or wrongfully withheld from the ownerthereof, the board may receive evidence of such loss or wrongful detention, andupon satisfactory proof of this fact, and such indemnity therefor as the boardmay prescribe, it may cause a new certificate of purchase or patent, as thecase may be, to be issued to such person as shall appear to it to be theproprietor of the land described in the original certificate of purchase.

 

36-9-112. Granting of patents; reservation of minerals.

 

(a) Whenever the purchaser of any state land, or his assign,has complied with all the conditions of this act and has paid all the purchasemoney therefor, together with the lawful interest thereon, he shall receive apatent for the land purchased. Such patent shall run in the name of the stateof Wyoming, it shall be signed by the governor, and countersigned by thedirector, and attested by the seal of the board. Such patent signed andexecuted as aforesaid shall convey a good and sufficient title to the patenteetherein named. A fee interest in any state land may be perfected only as hereinprovided and only by express grant by the state of Wyoming for that purpose.

 

(b) Patents issued by the state of Wyoming shall contain areservation to the state of all the minerals, whether or not now known, orwhich may be discovered hereafter, together with the right of ingress andegress to prospect for, mine, and remove such minerals. The board of landcommissioners is authorized to promulgate rules and regulations necessary toimplement the exchange of mineral rights on a value for value basis. Theexchange program may authorize a cash equalization receipt or payment of up totwenty-five percent (25%) of the value of the mineral rights. Any receiptshall be deposited into, and any payment shall be made from, the permanent landfund.

 

36-9-113. Deposition of moneys.

 

Allmoneys arising from the sale or lease of state lands as collected shall be paidby the board to the treasurer of the state, who shall receipt for the money.

 

36-9-114. Refund of money when paid by mistake.

 

Incase any person, persons or corporation shall pay to the board of landcommissioners any money for any state or school lands sold to him, or them, orin case any person shall pay into the state treasury, any money inconsideration of the leasing of lands, which said board supposed to belong tothe state, and it shall thereafter be discovered that such lands do not belongto the state, and were not subject to sale by the state, as state or schoollands, such money, together with interest - except in the case of money paidfor leases - at the rate of six percent (6%) per annum from the date of thepatent for such lands, but without interest if they have not been patented,shall be refunded to the person buying the same, upon certificate from theboard of land commissioners to the effect that such money has been paid undermistake as aforesaid, such certificate being accompanied by a verifiedstatement of account thereof, as in the case of other claims against the state;and upon the presentation of such certificate to the state auditor he shalldraw his warrant upon the state treasurer for the amount named in suchcertificate, if the same is within the limit of any appropriation of money forsaid purpose. And it is hereby made the duty of said board to furnish suchcertificates upon ascertaining the fact of the mistake having been made.

 

36-9-115. Determination of claims; rules and regulations againstfraud.

 

Theboard of land commissioners may hear and determine the claims of each personwho may claim to be entitled, in whole or in part, to any lands owned by thisstate. The decisions of the board shall be final until set aside by a court ofcompetent jurisdiction. The board may establish such rules and regulations asin its opinion may be proper to prevent fraudulent applications being granted.

 

36-9-116. Trespass.

 

Anyperson who shall use or who shall occupy any state land without lease orcertificate of purchase, and any person who shall use or occupy state lands formore than thirty (30) days after the cancellation or expiration of his lease,unless he shall be a purchaser thereof, shall be a trespasser; and uponconviction thereof shall be fined not less than twenty-five dollars ($25.00)and not more than five hundred dollars ($500.00), and the bondsmen of suchlessee shall, upon the bond of such lessee, be equally liable with the lesseefor the payment of such fine imposed.

 

36-9-117. Institution of actions.

 

Allcivil suits or actions brought under the provisions of this act shall beinstituted by the board, in the name of the people of the state of Wyoming.

 

36-9-118. Rights-of-way for public conveyances.

 

Theboard of land commissioners may, at their discretion, grant permanentrights-of-way or easements across or upon any portion of state or school lands,upon such terms as the board may determine, for any ditch, reservoir, railroad,public highway, telegraph and telephone lines, or other public conveyances.

 

36-9-119. Rights of ditch owners.

 

Nothingin this act shall be construed so as to impair the rights of any ditch company,or any person owning any ditch or ditches, on or passing through any of thelands included herein.

 

36-9-120. Rights-of-way to counties.

 

Uponapplication of the board of county commissioners of any county, the board ofland commissioners shall have authority to grant either a temporary orpermanent right-of-way for ditches owned by the county or for county roads overand across any of the state or school lands, upon such terms as said board maydetermine, and to issue to such county a certificate therefor; no charge shallbe exacted for the filing of such application or for the issuance of suchcertificate or for granting and recording a right-of-way.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title36 > Chapter9

CHAPTER 9 - Sale of State Lands

 

36-9-101. Authority; restrictions.

 

 

(a) The board of land commissioners may at any time direct thesale of state lands subject to any lease thereof. Subject to criteriaestablished by the board, any person may request that a parcel of state land beconsidered for sale by the board, but such lands shall only be nominated forsale by a majority vote of the board. Such lands which have been reserved inany way to the public use, or for the use of public institutions, shall not besold to any member of the board. The board shall sell such lands according tothe subdivisions of sections as established by the United States surveythereof, or by metes and bounds, as may appear to be to the interest of thestate of Wyoming. The board shall sell such subdivisions as it shall deem for thebest interests of the state land trust. The board shall not sell state landunless the board finds that the proceeds from the sale are protected frominflationary effects and the proceeds will earn a significantly higher rate ofreturn than can be realized through retention of the surface estate and if theboard finds that the sale will:

 

(i) Make state lands more manageable where the lands are nototherwise manageable;

 

(ii) Meet a specific need of a school or community for land;

 

(iii) Better meet multiple use objectives of the beneficiaries ofthe trust; or

 

(iv) Realize a clear long term benefit to the trust whichsubstantially exceeds the present and probable future benefit from continuedownership.

 

36-9-102. Manner of sale; minimum price.

 

Allstate lands shall be disposed of only at public auction to the highestresponsible bidder after having been duly appraised by the board, and shall besold at not less than the appraised value thereof, and for not less than tendollars ($10.00) per acre.

 

36-9-103. Appraisers for improvements.

 

Allimprovements upon state lands, when such lands are to be sold as provided byW.S. 36-9-102, shall be appraised by three (3) disinterested persons who shallappraise the improvements separately from the lands, though they may beattached thereto. The said appraisers shall upon application of the state landboard, be appointed by a judge of the district court of the judicial districtwherein the lands are situate.

 

36-9-104. Advertisement.

 

Allsales of state lands under this act shall be advertised for four (4)consecutive weeks in some newspaper in the county in which such land issituated, if there be such paper; if not, then in some paper published in anadjoining county. Advertisements of such sales may be made in other papers, asthe board may direct. The advertisement shall state the time, place,description of land, and terms of sale, and the price at which the land wasappraised by the board for each parcel.

 

36-9-105. Purchaser to pay owner appraised value of improvements;receipt.

 

Ifany state lands are sold upon which surface improvements, including irrigationworks of any kind, have been made by a lessee, or for which water rights orproportionate interests in irrigation, reservoirs, canals, or systems, havebeen acquired, the improvements, irrigation works and water rights shall beappraised under the direction of the board. The purchaser of the lands, uponwhich improvements and irrigation works have been made, or for which waterrights have been acquired as herein provided for, shall pay the owner of suchimprovements, irrigation works or water rights, as the case may be, the contributoryvalue thereof, and take a receipt therefor, and shall deliver the receipt tothe director before he shall receive a patent or certificate of purchase. Allsuch receipts shall be filed and preserved in the office of state lands andinvestments. For purposes of this section, "contributory value"means the increased value of the property after the lessee's improvements areconsidered.

 

36-9-106. Place of sale; execution of leases.

 

All sales of state lands shall be held at alocation to be determined by the board within the county in which the land islocated and leases for state lands may be executed in the presence of anotarial officer or other officer authorized to administer oaths.

 

36-9-107. Terms of payment.

 

(a) The terms of payment for school and state lands shall be asfollows: not less than twenty-five percent (25%) of the purchase price in cashon day of sale, the balance is not to exceed thirty (30) equal annual paymentsfigured on the amortization plan, which shall include interest on the deferredpart of the payments at a rate of interest established by the board inaccordance with current interests rates. The interest rate on all amounts notpaid when due shall be established by the board in accordance with currentlending practices. The purchaser may pay in full at the time of the sale orpayment of any installment may be made at any time if accrued interest is paidto the time of payment.

 

(b) When school or state lands are sold under an installmentcontract the state shall insert a provision that the vendee shall pay the taxesupon the fair value of the lands sold from the date of the contract. Theprovision is binding upon the vendee. The installment contract shall berecorded in the county wherein the lands are situated by the vendee withinthirty (30) days following its execution.

 

36-9-108. "Amortization plan" defined.

 

Theamortization plan is hereby defined, when applied to state land contracts orcertificates, as being that plan under which part of the principal is requiredto be paid each time interest becomes due and payable, and under which thispart payment on the principal increases at each succeeding installment in thesame amount that the interest payment decreases, so that the combined amountdue on principal and interest on each due date remains the same until the loanis paid in full.

 

36-9-109. Certificate of purchase; issuance and contents.

 

Whenany state land shall have been purchased according to law, the board shall makeand deliver to the purchaser a certificate of purchase, which shall contain thename of the purchaser, a description of the land purchased, the sum paid, thesum remaining unpaid, the amount of annual payments, which shall include theaccrued interest, upon the amortization plan as hereinbefore defined, and thedate on which each of the deferred payments falls due. All annual paymentsshall be due and payable on the first day of December of each year, providedthat interest is paid on the full amount of the deferred payments at the rate offour percent (4%) per annum from date of the sale to the first day of Decemberfollowing such date of sale.

 

36-9-110. Certificate of purchase; conversion of outstandingcertificates; fee.

 

 

(a) Any certificate of purchase of state or school land issuedand outstanding when this act takes effect may be converted into anamortization certificate on the plan set forth in this act at the request ofthe holder of said certificate of purchase, and with the consent of the stateboard of land commissioners; provided, however, that any certificate holderconverting said certificate as herein provided shall pay interest on futurepayments at the rate of four and one-quarter percent (4 1/4%) per annum and sixpercent (6%) per annum on all amounts not paid when due.

 

(b) The director shall collect in addition to the fees providedby law the sum of two dollars ($2.00) to be used by him for expenses incidentalwith transfers as made optional by this act for supplies, extra clerk hire,etc., and any unused portion of same shall be paid to the state treasurer atsuch time as all transfers have been made.

 

36-9-111. Certificate of purchase; loss or wrongful detention.

 

Whenevera certificate of purchase shall be lost, or wrongfully withheld from the ownerthereof, the board may receive evidence of such loss or wrongful detention, andupon satisfactory proof of this fact, and such indemnity therefor as the boardmay prescribe, it may cause a new certificate of purchase or patent, as thecase may be, to be issued to such person as shall appear to it to be theproprietor of the land described in the original certificate of purchase.

 

36-9-112. Granting of patents; reservation of minerals.

 

(a) Whenever the purchaser of any state land, or his assign,has complied with all the conditions of this act and has paid all the purchasemoney therefor, together with the lawful interest thereon, he shall receive apatent for the land purchased. Such patent shall run in the name of the stateof Wyoming, it shall be signed by the governor, and countersigned by thedirector, and attested by the seal of the board. Such patent signed andexecuted as aforesaid shall convey a good and sufficient title to the patenteetherein named. A fee interest in any state land may be perfected only as hereinprovided and only by express grant by the state of Wyoming for that purpose.

 

(b) Patents issued by the state of Wyoming shall contain areservation to the state of all the minerals, whether or not now known, orwhich may be discovered hereafter, together with the right of ingress andegress to prospect for, mine, and remove such minerals. The board of landcommissioners is authorized to promulgate rules and regulations necessary toimplement the exchange of mineral rights on a value for value basis. Theexchange program may authorize a cash equalization receipt or payment of up totwenty-five percent (25%) of the value of the mineral rights. Any receiptshall be deposited into, and any payment shall be made from, the permanent landfund.

 

36-9-113. Deposition of moneys.

 

Allmoneys arising from the sale or lease of state lands as collected shall be paidby the board to the treasurer of the state, who shall receipt for the money.

 

36-9-114. Refund of money when paid by mistake.

 

Incase any person, persons or corporation shall pay to the board of landcommissioners any money for any state or school lands sold to him, or them, orin case any person shall pay into the state treasury, any money inconsideration of the leasing of lands, which said board supposed to belong tothe state, and it shall thereafter be discovered that such lands do not belongto the state, and were not subject to sale by the state, as state or schoollands, such money, together with interest - except in the case of money paidfor leases - at the rate of six percent (6%) per annum from the date of thepatent for such lands, but without interest if they have not been patented,shall be refunded to the person buying the same, upon certificate from theboard of land commissioners to the effect that such money has been paid undermistake as aforesaid, such certificate being accompanied by a verifiedstatement of account thereof, as in the case of other claims against the state;and upon the presentation of such certificate to the state auditor he shalldraw his warrant upon the state treasurer for the amount named in suchcertificate, if the same is within the limit of any appropriation of money forsaid purpose. And it is hereby made the duty of said board to furnish suchcertificates upon ascertaining the fact of the mistake having been made.

 

36-9-115. Determination of claims; rules and regulations againstfraud.

 

Theboard of land commissioners may hear and determine the claims of each personwho may claim to be entitled, in whole or in part, to any lands owned by thisstate. The decisions of the board shall be final until set aside by a court ofcompetent jurisdiction. The board may establish such rules and regulations asin its opinion may be proper to prevent fraudulent applications being granted.

 

36-9-116. Trespass.

 

Anyperson who shall use or who shall occupy any state land without lease orcertificate of purchase, and any person who shall use or occupy state lands formore than thirty (30) days after the cancellation or expiration of his lease,unless he shall be a purchaser thereof, shall be a trespasser; and uponconviction thereof shall be fined not less than twenty-five dollars ($25.00)and not more than five hundred dollars ($500.00), and the bondsmen of suchlessee shall, upon the bond of such lessee, be equally liable with the lesseefor the payment of such fine imposed.

 

36-9-117. Institution of actions.

 

Allcivil suits or actions brought under the provisions of this act shall beinstituted by the board, in the name of the people of the state of Wyoming.

 

36-9-118. Rights-of-way for public conveyances.

 

Theboard of land commissioners may, at their discretion, grant permanentrights-of-way or easements across or upon any portion of state or school lands,upon such terms as the board may determine, for any ditch, reservoir, railroad,public highway, telegraph and telephone lines, or other public conveyances.

 

36-9-119. Rights of ditch owners.

 

Nothingin this act shall be construed so as to impair the rights of any ditch company,or any person owning any ditch or ditches, on or passing through any of thelands included herein.

 

36-9-120. Rights-of-way to counties.

 

Uponapplication of the board of county commissioners of any county, the board ofland commissioners shall have authority to grant either a temporary orpermanent right-of-way for ditches owned by the county or for county roads overand across any of the state or school lands, upon such terms as said board maydetermine, and to issue to such county a certificate therefor; no charge shallbe exacted for the filing of such application or for the issuance of suchcertificate or for granting and recording a right-of-way.

 

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