HB0135 State lands-improvements-2. | Wyoming Bill

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
HB0135
Drafter:

LGC

LSO No.:
11LSO-0480
Effective Date:

7/1/2011

Enrolled Act No.:
HEA0050

Chapter No.:
118

Prime Sponsor:
Representative
Greear

Catch Title:
State
lands-improvements-2.

Subject:
Registration
of improvements made on state lands.

Summary/Major Elements:

●

Under current law, a lessee
of state lands who makes improvements on those lands may seek compensation for
improvements made on the land when the lease terminates.

●

To obtain this compensation
for improvements valued at more than $2,000 the lessee must have received
permission from the director of the office of state lands to place the
improvement.

●

This act grandfathers
improvements made on state land leases without permission prior to June 30,
2010. To qualify for the potential compensation, the lessee must not have been
denied permission and must register the improvement by June 30, 2014.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0135

ENROLLED ACT NO. 50, HOUSE OF REPRESENTATIVES

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to state lands; providing for registration of improvements as specified; providing for compensation for registered improvements; providing for rules and regulations; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 36
‑
3
‑
102(c)(iii) and 36
‑
5
‑
110
are
amended to read:

36
‑
3
‑
102.

Duties generally.

(c)

The board shall have authority to override any decision made by the director. Upon such terms and conditions as shall be established by the board, in addition to other powers enumerated in this section, the director shall have authority to:

(iii)

Approve applications to construct improvements within criteria established by the board pursuant to W.S.
36
‑
5
‑
110

36
‑
5
‑
110(a)
and 36
‑
5
‑
111;

36
‑
5
‑
110.

Right to make and remove improvements.

(a)

A lessee of state lands shall have the right to construct or make improvements upon state lands in the amount of two thousand dollars ($2,000.00) per section, without first obtaining permission. If the lessee or any other person desires to construct or make improvements upon state lands in excess of the value of two thousand dollars ($2,000.00) per section, he shall file an application for permission to construct or make the improvements with the director, which shall be subject to allowance or rejection as the best interests of the state require. The director shall have authority to grant permission to construct improvements in excess of two thousand dollars ($2,000.00) for fencing, water development, livestock handling facilities and range enhancements. Any other improvement in excess of two thousand dollars ($2,000.00) shall be applied for under a special use permit. Unless permission has been obtained in the manner provided by this section
or the improvement has been registered as provided in subsection (b) of this section
, the owner of the improvements in excess of the value of two thousand dollars ($2,000.00) per section shall not be entitled to compensation therefor as provided by W.S. 36
‑
5
‑
111 and 36
‑
9
‑
105, and upon the expiration of the lease the improvements shall forfeit to and become the property of the state; except, that within one hundred twenty (120) days from the date of the expiration of the lease, the owner may remove such improvements in a manner which minimizes injury to the land.

(b)

Notwithstanding subsection (a) of this section, a lessee of state lands may register
all
improvements made upon state lands which were made
prior to June 30, 2010, with or
without prior approval by the director. Improvements registered under this subsection may include improvements for which approval was not applied for pursuant to subsection (a) of this section. Improvements for which permission was denied under subsection (a) of this section shall not be
eligible for registration
under this subsection.
Registrations under the provisions of this subsection shall be made not later than June 30, 2014.
Improvements registered under this subsection shall be entitled to compensation therefor as provided by W.S. 36
‑
5
‑
111 and 36
‑
9
‑
105.

Section 2.
This act is effective July 1, 2011.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

State lands-improvements-2.

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