Subdivisions.

Plain English Breakdown

The official source material did not provide a definition for 'involuntary transfer'.

Changes to Real Estate Subdivision Requirements

This law modifies subdivision requirements for land divisions made as gifts or sales to immediate family members, based on when the land was titled.

What This Bill Does

• Removes the requirement that land must be titled in the name of the owner for ten years before it can be divided and given to an immediate family member if the land was titled before February 27, 2019.
• Keeps the ten-year title requirement for land divisions made after February 27, 2019.
• Requires that parcels created through division must stay in the name of the immediate family member for at least five years or one year if the parcel was created before February 27, 2019.

Who It Names or Affects

• People who own land and want to divide it for gifts or sales to immediate family members.
• County commissioners who set requirements for these types of land divisions.

Terms To Know

Immediate Family

Includes parents, children, siblings, grandparents, grandchildren, aunts, uncles, nieces, and nephews.

Limits and Unknowns

• The law only affects land divisions made for gifts or sales to immediate family members.
• It does not change other types of real estate transactions or subdivision requirements.

Official Summary Text

Bill Summary - 21LSO-0168
Bill No.:

HB0079

Effective:

Immediately

LSO No.:

21LSO-0168

Enrolled Act No.:

HEA No. 0041

Chapter No.:

52

Prime Sponsor:

Duncan

Catch Title:

Subdivisions.

Subject:

Amends an exemption from subdivision requirements

Summary/Major Elements:

Current law provides for exemptions from subdivision requirements for certain parcels. One of those exemptions applies to divisions of land to the landowner's immediate family.

One of the requirements to meet the exemption is that the land has been titled in the name of the grantor for a specified period of time before its division.

2019 Session Laws, Chapter 141, increased the required time from five
(5)
to ten
(10)
years.

That law became effective on February 27, 2019.

This act "grandfathers" in parcels titled before February 27, 2019 by providing that they qualify for the exemption if titled in the name of the grantor for at least five (5) years before the division (the requirement before the 2019 law); parcels titled on or after February 27, 2019 remain subject to the ten
(10)
year requirement.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

21LSO-0168

ORIGINAL House

Bill No
.
HB0079

ENROLLED ACT NO. 41,

HOUSE OF REPRESENTATIVES

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

AN ACT relating to real estate subdivisions; amending exemptions from subdivision requirements as specified; and providing for an effective date.

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

Section 1
.

W.S. 18
‑
5
‑
303(a)(i)(C) is amended to read:

18
‑
5
‑
303.

Exemptions from provisions.

(a)

Unless the method of sale or other disposition is adopted for the purpose of evading the provisions of this article, this article shall not apply to the following subdivisions of land however, the following subdivisions are subject to requirements which may be adopted by the board of county commissioners regarding documentation of the proper use and implementation of the following exemptions:

(i)

A division of land made outside of platted subdivisions for the purpose of a single gift or sale to a member of the landowner's immediate family, subject to the following requirements:

(C)

The land shall have been titled in the name of the grantor, or in the name of a trust controlled by the grantor, for a combined period
prior to the division
of not less than
five (5) years for land titled before February 27, 2019, or
ten (10) years
prior to the division and
for land titled on or after February 27, 2019. P
arcels created under this paragraph shall be titled in the name of the immediate family member for whom the division is made for a period of not less than five (5) years
, or for not less than one (1) year if the parcel was created before February 27, 2019,
unless
such
the
parcels are subject to
involuntary transfer including, but not limited to, foreclosure, death, judicial sale, condemnation or bankruptcy;

Section 2.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(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

1