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20LSO-0092
ORIGINAL Senate
File No
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SF0039
ENROLLED ACT NO. 27,
SENATE
SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session
AN ACT relating to property; amending requirements related to filing instruments related to the transfer of property; specifying exceptions to the filing requirements; making conforming changes; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 34
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119(a), 34
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142(a), (b), (c)(intro), (e) and (g)(intro) and 39
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109(a) are amended to read:
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119.
Duties of county clerk generally.
(a)
The county clerk of each county within this state shall receive and record at length all deeds, mortgages, conveyances, patents, certificates and instruments left with him for that purpose, and he shall endorse on every such instrument the day and hour on which it was filed for record. The county clerk shall not record any document until the address of the grantee, mortgagee or assignee of the mortgagee is furnished to the county clerk, but this requirement shall not affect the validity of the recording of any instrument
except to the extent provided in W.S. 34
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142(b)
. Only instruments which are the originally signed documents, including electronic documents recorded pursuant to the Uniform Real Property Electronic Recording Act, W.S. 34
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401 through 34
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407, or properly certified or authenticated copies thereof may be properly recorded. A document is properly certified if in compliance with Rule 902 of the Wyoming Rules of Evidence or other applicable rule or statute.
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142.
Instrument transferring title to real property; procedure; exceptions; confidentiality.
(a)
When a deed, contract or other document transferring legal or equitable title to real property
, including instruments conveying ownership of structures on lands not owned by the transferring party,
is presented to a county clerk for recording, the instrument shall be accompanied by a statement under oath by the grantee or his agent disclosing the name of the grantor and grantee,
the addresses and contact information of the grantor and grantee,
the date of transfer, date of sale, a legal description of the property transferred, the actual full amount paid or to be paid for the property, terms of sale and an estimate of the value of any nonreal property included in the sale.
(b)
No instrument evidencing a transfer of real property may be accepted for recording until the
completed
sworn statement is received by the county clerk. The validity or effectiveness of an instrument as between the parties is not affected by the failure to comply with subsection (a) of this section.
(c)
This section does not apply to
For instruments transferring title as described in this subsection, the presenting party may omit from the statement the amount paid or other consideration exchanged for the property, the terms of the sale and an estimate of the value of any nonreal property included in the sale that would otherwise be required to be included in the statement under subsection (a) of this section
:
(e)
The statement is not a public record and shall be held confidential by the county clerk, county assessor,
county board of equalization,
the state board of equalization
and
the department of revenue
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and when
A statement may be
disclosed
under subsection (g) of this section,
pursuant to W.S. 39
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109(a)(i) to
any person wishing to review or contest his property tax assessment or valuation
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and the county board of equalization. These statements
The statement
shall not be subject to discovery in any other county or state proceeding.
(g)
Any person or his agent who wishes to review his property tax assessment or who contests his property tax
assessment or valuation in a timely manner pursuant to W.S. 39
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109(b)(i) is entitled to review statements of consideration for properties of like use and geographic area available to the county assessor in determining the value of the property at issue as provided under W.S. 39
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109(b)(i). During a review, the county assessor shall disclose information sufficient to permit identification of the real estate parcels used by the county assessor in determining the value of the property at issue and provide the person or his agent papers of all information, including statements of consideration, the assessor relied upon in determining the property value and including statements of consideration for properties of like use and geographic area which were available to the assessor and are requested by the person or his agent. The county assessor shall, upon request, provide the person or his agent a statement indicating why a certain property was not used in determining the value of the property at issue. The county assessor and the contestant shall disclose those statements of consideration to the county board of equalization in conjunction with any hearing before the
board with respect to the value or assessment of that property.
As used in W.S. 34
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142 through 34
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144:
39
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109.
Taxpayer remedies.
(a)
Interpretation requests.
There are no specific applicable provisions for interpretation requests for this chapter.
The following shall apply:
(i)
Any person or his agent who wishes to review his property tax assessment or who contests his property tax assessment or valuation in a timely manner pursuant to paragraph (b)(i) of this section is entitled to review statements of consideration for properties of like use and geographic area available to the county assessor in determining the value of the property at issue as provided under paragraph (b)(i) of this section. During a review, the county assessor shall disclose information sufficient to permit identification of the real estate parcels used by the county assessor in determining the value of the property at issue and provide the person or his agent papers of all information, including statements of
consideration, the assessor relied upon in determining the property value and including statements of consideration for properties of like use and geographic area which were available to the assessor and are requested by the person or his agent. The county assessor shall, upon request, provide the person or his agent a statement indicating why a certain property was not used in determining the value of the property at issue. The county assessor and the contestant shall disclose those statements of consideration to the county board of equalization in conjunction with any hearing before the board with respect to the value or assessment of that property. As used in this paragraph:
(A)
A "review" is considered the initial meetings between the taxpayer and the county assessor's office pursuant to paragraph (b)(i) of this section;
(B)
"Contest" means the filing of a formal appeal pursuant to paragraph (b)(i) of this section;
(C)
"Geographic area" may include any area requested by the property owner or his agent within the
boundaries of the county in which the subject property is located.
Section 2
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This act is effective July 1, 2020
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(END)
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