Wyo. Code R. 045-0003-25
General Agency, Board or Commission Rules
Chapter 25: Procedures for Disposal of Surplus Lands Held in Name of the Transportation Commission of Wyoming
Effective Date: 04/01/1992 to Current
Rule Type: Current Rules & Regulations
Reference Number: 045.0003.25.04011992
Section 1. Authority. These rules are promulgated, authorized and required by W.S., 24-2-102 and 24-2-105.
Section 2. Purpose. The purpose of this chapter is to establish consistent procedures for disposition of, and public notice to sell, surplus lands held by the Transportation Commission of Wyoming.
Section 3. Definitions. As used in these rules and regulations:
Section 4. Scope. There are several categories of lands which, by their nature, require different rules of disposal. Disposal of Department lands are first governed by type of acquisition document and any restrictive, reversionary rights or easements which direct or restrict disposal or relinquishment. Under each of the categories the priority of disposal method shall be governed by the order presented herein.
Section 5. Old Highway Rights-of-Way. This category covers land which was used as highway right-of-way but because of reconstruction, new location or realignment of the highway, the land is no longer needed for right-of-way purposes. This could be an entire section of a road or just random portions.
(a) Surplus highway rights-of-way may be sold or relinquished intact to a city, county or other governmental unit or agency for local public purposes, provided they agree to assume all ownership responsibilities related to the property.
(b) Any rights-of-way which in the opinion of the Director are not reasonable to sell may be abandoned to adjacent landowners.
(c) For portions which are large enough to have marketable value, preference for disposal shall be in the following order:
Section 6. Lands Acquired as Severed Parcels. This category covers land which is not needed for right-of-way purposes. The land was acquired because it became severed from the remaining ownership, or does not have access, because of the highway location and has little or no utility for the owner.
(a) Trade severed parcels for other rights-of-way required on a project.
(b) Severed parcels not otherwise traded or incorporated into the right-of-way which are determined to be excess and not retained for Department use, shall be offered for sale within two years from the date the construction project is completed for which the property was acquired. The property shall be disposed of in the following order:
(i) Offered to other governmental agencies for not less than fair market values, or;
(ii) Offered to adjacent landowners for not less than fair market value when in the opinion of the Director, circumstances exist to justify a private sale.
(c) Sell at public auction after providing adequate and legally required public notice.
Section 7. Lands Acquired for Highway Purposes but Unused. Occasionally rights-of-way may be purchased but due to changes in the project, either cancelled or relocated, the property is not incorporated into the required right-of-way and is declared surplus. When this occurs the following procedure shall be followed.
(a) The property will be sold or traded back to original owner, if original owner owns land adjacent.
(i) If land becomes available for sale or trade within two years of purchase, the land will be offered to the granting party for original purchase price provided they are still the adjacent landowner.
(ii) If availability occurs after two years, the land will be offered for sale or trade to the granting party for current fair market value, if granting party is adjacent owner.
(b) Trade for other lands needed for highway purposes.
(c) Sell by private agreement for not less than current fair market value due to mitigating circumstances on surrounding lands as determined by the Director.
(d) Sell at public auction for not less than current fair market value after providing adequate and legally required public notice.
Section 8. Other Department Lands. Other Department lands consist of building sites, stockpile areas, gravel pits, etc. These lands will be disposed of in the following order:
(a) Trade for other lands needed for highway purposes.
(b) Trade, sell or relinquish to another governmental agency for continued public use.
(c) Sell at public sale for not less than current fair market value after providing adequate and legally required public notice.
Section 9. Fair Market Value. Prior to any sale, the fair market value of the property will be determined by appraisal.
Section 10. Public Notice of Sale. Department property may be offered for public sale by any of the following methods as determined directed by the Director.
(a) Public Auction. When this method is used, notice shall be given by advertising in at least one newspaper of general circulation in the county where the land is located for a minimum of three consecutive weeks prior to sale. This notice shall contain the location of the property, the time and place of sale, conditions of sale and persons to contact to inspect the property.
(b) Sale by Sealed Bid. When this method is used notice of sale will be given by advertising in at least one newspaper of general circulation in the county where the land is located for a minimum of three consecutive weeks prior to the advertised date for accepting bids. This notice shall contain the locations of the property and persons to contact to inspect the property. Bids shall be received on Department forms which shall contain a description of the property, conditions of sale, and time and location where bids will be publicly opened.
Section 11. Approval to Sell and Closing of Sale. Prior to a public sale by either method listed in Section 10, the Commission shall first authorize the sale and method of sale for each parcel.
(a) Offers to buy that equal or exceed fair market value will be automatically accepted under terms of the sale.
(b) Offers to buy that do not meet fair market value but are not less than 75% of established fair market value shall be considered by the Commission. The Commission recognizes that a fair market value is based on an appraisal which is an opinion of value based on available sales data. Since it is an opinion, it may be in the best interests of the State to sell the property at the offered buying price.
(c) All offers less then 75% of established fair market value will automatically be rejected.
Section 12. Caveat. Nothing herein contained shall be construed to imply that the Department must accept offers to buy, or will be liable for conditions of the property prior to or after the sale.