Read the full stored bill text
23LSO-0550
2023
STATE OF WYOMING
23LSO-0550
Numbered
2.0
HOUSE BILL NO. HB0114
Leasing and sale of state lands-amendments.
Sponsored by: Representative(s) Harshman, Chadwick, Henderson, Northrup, Stith and Walters and Senator(s) Barlow, Case, Pappas and Schuler
A BILL
for
AN ACT relating to state lands; revising provisions related to improvements made by a lessee of state lands; extending the maximum length of certain leases of state lands; authorizing leases for residential purposes; specifying that leases are required to comply with minimum state standards; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 36
‑
5
‑
110(a), 36
‑
5
‑
111, 36
‑
5
‑
114(a) and (d), 36
‑
5
‑
115, 36
‑
9
‑
103 and 36
‑
9
‑
105 are amended to read:
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 an amount not to exceed
two thousand dollars ($2,000.00)
four thousand dollars ($4,000.00)
per section for each separate improvement, 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)
four thousand dollars ($4,000.00)
per section for each separate improvement, 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)
four thousand dollars ($4,000.00)
per section for each separate improvement for fencing, water development, livestock handling facilities and range enhancements.
Any other improvement
in excess of two thousand dollars ($2,000.00) per section for each separate improvement
shall be applied for under a
separate
special use
permit
lease
. 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 any improvement in excess of the value of
two thousand dollars ($2,000.00)
four thousand dollars ($4,000.00)
per section at the time of construction of the improvement 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.
36
‑
5
‑
111.
Payment for or removal of existing improvements.
Any applicant applying to lease state lands upon which there are fences, buildings, reservoirs, ditches, dams, wells
,
or other improvements of any kind, belonging to or made by another, or for which water rights or proportionate interests in irrigation reservoirs, canals, or systems, have been acquired, shall before receiving the lease, pay to the director for the use and benefit of the owner or maker of any improvements at the time of the execution of the lease, the
contributory
depreciated market
value thereof as finally determined by the board in accordance with its rules and regulations; or the owner of the improvements shall, upon giving notice to the director in writing within the time fixed by board rule and regulation, have the right to remove those improvements in a manner which minimizes injury to the land; provided, that the improvements be removed within a period of one hundred twenty (120) days from the date of the expiration of the lease.
For purposes of this section,
"contributory value"
"depreciated market value"
means the
increased
market
value of the
property after the
lessee's
improvements are
improvement at the time of the lease, after the useful life of the improvement is
considered.
36
‑
5
‑
114.
Leasing for industrial, commercial, residential and recreational purposes; authority; rental fees; rules and regulations.
(a)
The board of land commissioners may lease for a term of not more than
seventy
‑
five (75)
ninety
‑
nine (99)
years state lands for industrial, commercial
, residential
and recreational purposes.
(d)
The board shall promulgate rules and regulations implementing policies, procedures and standards for the long
‑
term leasing of state lands for industrial, commercial
, residential
and recreational purposes under the provisions of W.S. 36
‑
5
‑
114 through 36
‑
5
‑
117, including provisions requiring compliance with all
applicable land use planning and zoning laws
minimum standards adopted by state regulatory agencies, including the council on fire prevention and electrical safety,
and permitting the board to terminate a lease for good cause shown.
36
‑
5
‑
115.
Leasing for industrial, commercial, residential and recreational purposes; "recreational purposes" defined.
As used in W.S. 36
‑
5
‑
114 through 36
‑
5
‑
117 the term "recreational purposes" means land used for cabin sites, public camp sites, public parks and recreation areas, golf courses and any associated residential development, youth groups
,
and
ski or winter sports areas
and any other recreational purpose determined by the board of land commissioners
.
36
‑
9
‑
103.
Appraisers for improvements.
All improvements upon
If any
state
lands, when such
lands are to be sold as provided by W.S. 36
‑
9
‑
102,
the purchaser and the owner of any improvements on the state lands shall negotiate for a period of ninety (90) days to determine the depreciated market value of the improvements. If the purchaser and the owner do not reach an agreement on the value of the improvements within the time period specified by this section, the depreciated market value of the improvements
shall be appraised by three (3) disinterested persons who shall appraise the improvements separately from the lands, though they may be attached thereto. The
said
appraisers shall
,
upon application of the
state land
board
of land commissioners
, be appointed by a judge of the district court of the judicial district wherein the lands are
situate
situated
.
36
‑
9
‑
105.
Purchaser to pay owner depreciated market value of improvements; receipt.
(a)
If any state lands are sold upon which surface improvements, including irrigation works of any kind, have been made by a lessee, or for which water rights or proportionate interests in irrigation, reservoirs, canals
,
or systems, have been acquired, the improvements, irrigation works and water rights shall be appraised
to determine their depreciated market value
under the direction of the board. The purchaser of the lands, upon which improvements and irrigation works have been made, or for which water rights have been acquired as herein provided for, shall pay the owner of such improvements, irrigation works or water rights, as the case may be, the
contributory
depreciated market
value thereof
at the time of sale
, and take a receipt therefor, and shall deliver the receipt to the director before he shall receive a patent or certificate of purchase. All
such
receipts shall be filed and preserved in the office of state lands and investments.
For purposes of this section,
"contributory value"
"depreciated market value"
means the
increased
market
value of the
property
lessee's improvement at the time of sale,
after the
lessee's improvements are
useful life of the improvement is
considered.
(b)
For improvements to state lands made under a commercial or residential lease where the purpose of the lease is to develop and sell the improvement, the purchaser of the lands shall pay market value for the improvement. As used in this subsection, "market value" means the most probable amount the improvement contributes to the value of the property in a competitive and open market under all conditions requisite to a fair sale with the buyer and seller each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus.
Section 2
.
This act is effective July 1, 2023
.
(END)
1
HB0114