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23LSO-0323
2023
STATE OF WYOMING
23LSO-0323
ENGROSSED
3.0
SENATE FILE NO. SF0107
Acquisition, exchange and sale of trust lands.
Sponsored by: Senator(s) Hicks and Representative(s) Western
A BILL
for
AN ACT relating to state lands; providing for the acquisition, exchange or sale of state trust lands as specified; designating criteria for the sale and exchange of state trust lands; allowing for farm loans to purchase specified state trust lands; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 36
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2
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111 is created to read:
36
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2
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111.
Acquisition, exchange and sale of trust lands.
(a)
When determined by the board to be consistent with the duties and obligations owed to state trust land beneficiaries, the board is authorized to acquire, exchange or sell a fee title interest in state trust lands provided that no acquisition or exchange shall result in a net increase of trust lands greater than ten thousand (10,000) acres above the total trust land acreage held by the state on July 1, 1999.
(b)
Notwithstanding subsection (a) of this section, the board may acquire a fee title interest in trust lands through a single transaction that results in a net increase of trust lands over the limit specified in subsection (a) of this section, provided that additional sales or exchanges shall be conducted within thirty
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six (36) months of the acquisition to bring the total trust land acreage within the limits specified in subsection (a) of this section.
Section 2.
W.S. 11
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34
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109(a)(i), 36
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1
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101(a) by creating a new paragraph (viii) and by amending and renumbering (viii) as (ix), 36
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1
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111(a)(i) and 36
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9
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101(a)(i) are amended to read:
11
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34
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109.
Purposes for which loans authorized.
(a)
Loans may be made for the following agriculture related purposes and no other:
(i)
To provide for the purchase of farm lands
including the purchase under W.S. 36
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9
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101(a)(i) of an isolated parcel of state trust land that is eighty (80) acres or less
;
36
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1
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101.
Definitions.
(a)
Unless the context indicates otherwise, as used in this act:
(viii)
"Isolated parcel" means a parcel of state trust land surrounded by non
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state lands and without public access to the parcel;
(viii)
(ix)
"This act" means W.S. 36
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1
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101 through 36
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3
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111, 36
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5
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101 through 36
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7
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510 and 36
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9
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101 through 36
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9
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120.
36
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1
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111.
Orders, rules and regulations relative to exchange of lands.
(a)
The board of land commissioners is hereby authorized and empowered to pass and promulgate all such orders, rules and regulations as may be necessary or required relative to the appraisal and valuation of the lands to be exchanged as provided in this act, and to provide for the execution of conveyances, contracts and other instruments pertaining to the exchange of the lands, and to enable the director to effect and complete each exchange of the lands. The board may authorize the purchase of lands only in an amount necessary to effect and complete the exchange of state
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owned lands for other lands and only for those lands identified in the authorization of purchase. The board shall not use the power of eminent domain pursuant to W.S. 1
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26
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801 et seq. to purchase any lands under this section. The board of land commissioners is authorized to promulgate rules and regulations necessary to implement the exchange of state lands on a value for value basis. The exchange program may authorize a cash equalization receipt or payment of up to twenty
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five percent (25%) of the value of the lands exchanged. Any receipt shall be deposited into, and any payment shall be made from, the permanent land fund. State lands may be exchanged upon the board's finding the exchange is necessary to:
(i)
Make state lands more manageable where the lands are not otherwise manageable
, including the disposal of any isolated parcel that is eighty (80) acres or less
;
36
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9
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101.
Authority; restrictions.
(a)
The board of land commissioners may at any time direct the sale of state lands subject to any lease thereof. Subject to criteria established by the board, any person may request that a parcel of state land be considered for sale by the board, but such lands shall only be nominated for sale by a majority vote of the board. Such lands which have been reserved in any way to the public use, or for the use of public institutions, shall not be sold to any member of the board. The board shall sell such lands according to the subdivisions of sections as established by the United States survey thereof, or by metes and bounds, as may appear to be to the interest of the state of Wyoming. The board shall sell such subdivisions as it shall deem for the best interests of the state land trust. The board shall not sell state land unless the board finds that the proceeds from the sale are protected from inflationary effects and the proceeds will earn a significantly higher rate of return than can be realized through retention of the surface estate and if the board finds that the sale will:
(i)
Make state lands more manageable where the lands are not otherwise manageable
, including the disposal of any isolated parcel that is eighty (80) acres or less
;
Section 3.
Not later than June 30, 2024, the office of state lands and investments shall provide notice to each grazing and agricultural lessee that the lessee may nominate any isolated parcel of state trust land that consists of not greater than eighty (80) acres for sale or exchange and that any purchase of identified parcels may be financed under W.S. 11
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34
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109(a)(i) or 36
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9
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107.
Section 4
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This act is effective July 1, 2023
.
(END)
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SF0107