Chapter 5 - Property And Buildings
CHAPTER 5 - PROPERTY AND BUILDINGS
ARTICLE 1 - CAPITOL AND STATE BUILDING COMMISSION
9-5-101. State building commission; composition; general powers andduties; conflicts of interest.
(a) The five (5) elected state officers constitute the statebuilding commission.
(b) The state building commission shall promulgate rules underwhich the general services division has charge and control of the capitolbuilding with respect to its occupancy, repair and maintenance and shallcollect all rents arising from the occupancy of the capitol building. All rentscollected under this section shall be paid into the general fund.
(c) No member of the state building commission shall:
(i) Have a financial interest in any contract entered into ormade by the commission or by the general services division;
(ii) Be a surety on any bond conditioned for the performance ofany contract entered into or made by the commission or by the general servicesdivision;
(iii) Be an agent of any contractor on any contract entered intoor made by the commission or by the general services division.
9-5-102. State building commission; authority to buy and leaseproperty; acceptance of donations, grants and devises.
(a) In order to obtain building sites for additional officespace and state uses and to insure the proper keeping of valuable state recordsand provide for the expansion of functions of the state, the general servicesdivision, with the approval of the state building commission, may buy, takeoptions to buy and lease property to be used for building sites for futurestate office buildings. The general services division, with the approval of thecommission may lease acquired property until it is needed. The general servicesdivision, with the approval of the state building commission, in cooperationwith the department of employment, may acquire lands and buildings in the nameof the state of Wyoming by purchase, lease agreement, gift or devise to providesuitable quarters for the administration of the Wyoming Employment Security Lawand to develop improvements, maintain and repair the lands and buildings.
(b) To accomplish the purposes of subsection (a) of thissection the general services division, with the approval of the state buildingcommission, may accept donations, grants-in-aid and devises.
9-5-103. State building commission; supervision and control ofgovernor's residence.
Thegovernor's residence and the buildings, grounds and property thereto attachedbelonging to the state of Wyoming are under the supervision and control of thestate building commission.
9-5-104. State building commission; state office buildings; authorityto maintain; rental; use of proceeds.
(a) The general services division, in accordance with rules ofthe state building commission, may maintain, operate, lease, manage and equipstate office buildings in Wyoming.
(b) Every department occupying space in a building authorizedunder subsection (a) of this section, if required to do so by the generalservices division, in accordance with rules of the state building commission,shall pay to the state treasurer an annual rental plus a pro rata share ofmaintenance, janitorial services, utilities and other overhead costs necessaryto maintain the building in as good a condition as reasonable and proper usewill permit. Payments shall be made to the state treasurer for deposit into aseparate account to be allocated as follows:
(i) An amount as determined by the capital building commissioninto the revenue utilities and custodial account to be appropriated by thelegislature for payment of utilities and custodial services only; and
(ii) The remaining amount into the facilities management revenuemaintenance account until appropriated by the legislature for deferredmaintenance of state buildings.
9-5-105. Purchase or lease of state lands and buildings; statebuilding commission authority.
(a) Before purchasing any land for any state purpose, the stateagency or board shall, in accordance with rules of the state buildingcommission, determine if any land owned by the state is available and could beused for the state purpose. The agency or board shall, in accordance with rulesof the state building commission, negotiate with the agency or board owning orcontrolling the land for purchase or lease of the lands.
(b) Any state agency, assigned the operation, management or useof a state leased or owned building by statute shall follow rules of the statebuilding commission regarding to the operation, management and use of thebuilding unless the agency adopts rules different than those of the commissionin accordance with the provisions of W.S. 9-5-106.
9-5-106. State building commission; powers relative to use of statebuildings; rules authorized; exceptions.
(a) The state building commission is authorized to adopt rulesand regulations relative to the operation, management and use of any stateleased or owned building. If the operation, management and use of a stateleased or owned building is assigned by statute to any other state agency thatagency may adopt rules and regulations relative to the operation, managementand use of the building different than those of the commission.
(b) The secretary to the commission under W.S. 9-2-1016(b)(xxi)shall administratively implement any rules of the state building commissionadopted under this section. The director of the department of administrationand information may adopt rules and regulations which make violation of rulesadopted by the commission under subsection (a) of this section grounds fordisciplinary action for any state employee violating the rules of the statebuilding commission regarding operation, management or use of state buildings.
(c) Any state agency, board or commission having authority forthe supervision, control or management of state leased or owned buildingslocated anywhere in the state of Wyoming is authorized to adopt rules andregulations for the operation, management and use of state leased or ownedbuildings to the same extent as provided by subsections (a) and (b) of thissection.
(d) No rule promulgated under W.S. 9-5-101 through 9-5-108shall apply to facilities occupied by:
(i) The legislature or the members thereof unless thelegislative management council has specifically concurred therein; or
(ii) The judiciary or the members thereof unless the judicialcouncil has specifically concurred therein.
9-5-107. General services division; duties and responsibilities withrespect to state buildings; state capital construction needs assessment andpriorities.
(a) The general services division of the department ofadministration and information shall, subject to the direction of the statebuilding commission and with the assistance of other state agencies asnecessary, conduct and maintain a comprehensive needs assessment of existingstate buildings and of future space requirements for state agencies. Theassessment shall be conducted in accordance with rules of the state buildingcommission adopted pursuant to subsection (d) of this section and be designedto provide uniform statewide data describing the condition of state buildingsand projecting building longevity and space requirements. Through the identificationof building conditions and needs, the assessment shall enable the evaluation ofcapital construction and renovation requirements for all state buildings. Theneeds assessment shall be revised annually on or before October 1 of eachyear. The needs assessment shall specify construction and renovationrequirements for the remainder of the current fiscal year and the succeedingfour (4) fiscal years.
(b) On or before November 1 of each year and based upon thestatewide needs assessment of state buildings performed under subsection (a) ofthis section, the state building commission shall establish and prioritizeconstruction and renovation needs for state buildings. The listing shallspecifically identify and prioritize those buildings in need of buildingconstruction or renovation and the estimated costs of required construction orrenovation during the current fiscal year and during the succeeding four (4)fiscal years.
(c) On or before December 1 of each year, the commission shallprovide copies of the needs assessment and statewide construction andrenovation priorities established under this section to members of thelegislature.
(d) The state building commission shall adopt rulesimplementing policies for the management of state buildings. The rules shallestablish:
(i) Uniform standards and procedures for condition assessmentsof state buildings;
(ii) Criteria to guide prioritization of construction andrenovation needs of state buildings;
(iii) Requirements for planned maintenance schedules designed toeliminate maintenance backlogs and to establish proactive maintenancepractices;
(iv) Uniform standards for assessing and approving agencybuilding and other space needs.
(e) Rules and procedures adopted under this section by the statebuilding commission shall be applicable to all state owned buildings unless theoperation, management and use of the building has been assigned by statute to aspecific state agency. The agency responsible for the operation and managementof a state building exempted by the provisions of this subsection, shallprovide the assessment required by subsections (a) through (c) of this sectionto the state building commission for inclusion in the commission's report tothe legislature. The rules adopted by the commission under subsection (d) ofthis section shall be used as guidelines for the management of state buildingsassigned by statute to other state agencies including the University ofWyoming, community college districts, department of transportation, game andfish commission and state institutions.
(f) The state building commission shall meet at least quarterlyand shall promulgate rules specifying procedures under which public comment maybe received regarding any actions of the commission, excluding promulgation ofrules to which the Wyoming Administrative Procedure Act is applicable.
9-5-108. Development of building projects; rehabilitation of buildingprojects.
(a) The commission shall, on the basis of a state needsassessment plan or as otherwise directed by the legislature and afterconsultation with and advice from state agencies and officials, otherappropriate agencies and officials and members of the public, identify andselect potential projects to be studied for inclusion in the Wyoming publicbuildings construction program pursuant to the following schedule:
(i) Level I reconnaissance studies shall, to the extentpossible:
(A) Describe the project;
(B) Identify the need for the project;
(C) In cooperation with appropriate local, county and stateagencies, assess the status of proposed site ownerships, including existingconflicts and recommendations for resolution of the conflicts and otherpotential obstacles;
(D) Assess and describe local, state and federal permitsrequired for construction;
(E) Assess environmental considerations and constraints;
(F) Identify legal constraints to development;
(G) Identify alternate sources of space to purchase and lease;
(H) Summarize public testimony received at meetings held by thecommission in the county of the proposed construction; and
(J) Contain the commission's recommendation to the legislaturewhether to terminate further consideration of the proposed project or tocontinue the project at its current level of study, or to proceed with furtheractivity under paragraph (ii), (iii) or (iv) of this subsection.
(ii) Level II feasibility studies shall to the extent possible:
(A) Include a detailed analysis of factors relevant todevelopment, construction, operation and maintenance;
(B) Identify major problems and opportunities concerningdevelopment and the environmental, social and economic effects of development;
(C) Identify the desired sequence of events, includingcommencement of local, state and federal permitting activities and acquisitionof land;
(D) Summarize testimony received at public hearings held by thecommission in the county of the proposed construction;
(E) Include soils and other site test drilling procedures;
(F) Contain final concept design and cost estimates;
(G) Include the project financing plan;
(H) Identify the interests in land to be acquired and theproposed means and costs of acquisition. An "interest in land" mayinclude the fee simple title or any other interest in land less than a feesimple; and
(J) Include draft legislation describing in detail theconstruction, operation and financing of the proposed project.
(iii) Level III construction and operation plans shall proceed asauthorized and approved by the legislature under the immediate direction andcontrol of the commission. Pursuant to legislative authorization for publicbuilding construction projects and prior to completion of Level IIIconstruction the commission may:
(A) Design, construct, acquire or purchase facilities relatedto the construction projects for use of any feature, facility, function orportion of a project;
(B) Contract for the performance of any power undersubparagraph (A) of this paragraph, and consult with or employ experts andprofessional persons;
(C) Acquire by purchase, lease, appropriation, gift, exchangeor eminent domain, necessary land, easements and other property forconstruction, operation and maintenance of projects and accept gifts, grantsand contributions of money from any source;
(D) Contract with, contribute to or receive contributions fromany legal subdivision of the state, special district, private corporation orperson for the construction, operation, management and maintenance of anyproject or any interest in any facility or function of a project.
(iv) After completion of Level III construction, the commissionshall turn over the project to the general services division of the departmentof administration and information for the operation and maintenance of stateowned facilities constructed under the direction and control of the commission.
(b) State agencies shall cooperate fully with the commission inthe preparation of the studies. In the execution of these activities, thecommission shall:
(i) Receive and acquire data relating to the project;
(ii) Hold public hearings within the county where the proposedproject will be wholly or partly constructed, consult with and receive theviews of private persons, local groups, associations and organizationsrepresenting local citizens, industries and the public interest;
(iii) Coordinate the feasibility studies with the plans of othergovernment agencies and departments;
(iv) Undertake studies, investigations, surveys and researchrelevant to the completion of the study and enter into contracts andarrangements for its completion with any government agency, department or anyperson, firm, university, institution or state or national organization;
(v) Perform any other related activities or functions relevantand appropriate to the completion of the feasibility study; and
(vi) Maximize the use of all existing information, data, reportsand other materials, and no funds shall be expended to duplicate existinginformation, data, reports and other materials.
(c) The commission may suspend the expenditure of time or fundson a project at any level of activity, if it is established that it would be inthe public interest. The commission shall report the reason for any suspensionof activity to the legislature.
(d) Any agency seeking to rehabilitate an existing publicbuilding shall submit that request to the commission. The commission shallreview and develop plans and recommendations for the project as provided inthis section.
(e) As used in this section, "project" means anypublic building and all works and facilities necessary for the planning,construction and utilization of a state owned public building, including theimprovement of any feature, facility, function or portion of a project. "Project" does not include those projects for which the operation,management and use of the building, works or the facility has been assigned bylaw to a specific state agency.
9-5-109. Task force on capitol building rehabilitation andrestoration; composition; duties; account created.
(a) There is created the joint legislative and executive taskforce on capitol building rehabilitation and restoration.
(b) The task force shall be comprised of:
(i) A representative of the five (5) statewide electedofficials, as selected by those officials;
(ii) One (1) member of the senate and one (1) member of thepublic appointed by the president of the senate;
(iii) One (1) member of the house of representatives and one (1)member of the public appointed by the speaker of the house;
(iv) A staff member from the state historic preservation officeappointed by the director of the department of state parks and culturalresources; and
(v) A member of the public appointed by the governor.
(c) The members of the task force shall appoint a chairman topreside over meetings.
(d) The task force shall:
(i) [Vetoed by Governor March 14, 2008.]
(ii) Develop rehabilitation and restoration priorities for thestate capitol building;
(iii) Contract for the performance of any function appropriate tocarry out its duties, including the employment of consultants and otherprofessionals;
(iv) Periodically report its findings and recommendations to thestate building commission, the legislative management council and the jointappropriations interim committee;
(v) [Vetoed by Governor March 14, 2008.]
(vi) Recommend to the management council statutory changes thatmay be required to implement project recommendations.
(e) Staff and support for the task force shall be provided bythe department of administration and information. Members who are governmentemployees or public officials shall be considered on official business of theiragency when performing duties as members of the task force. Other membersshall receive mileage and per diem in the same manner and amount as statelegislators when performing duties. Mileage and per diem shall be paid by theappointing authority.
(f) [Vetoed by Governor March 14, 2008.]
(g) The task force may suspend the expenditure of time or fundson the project if it is established that it would be in the public interest. The task force shall report the reason for any suspension activity to thelegislature.
(h) The task force shall terminate on December 31, 2012.
(j) There is created the capitol building rehabilitation andrestoration account. Funds in the account shall only be expended uponappropriation by the legislature to implement projects recommended by the taskforce and approved by the legislature. Notwithstanding any other provision oflaw, funds within the account shall not be transferred or expended for anyother purpose. Notwithstanding W.S. 9-2-1008, 9-2-1012(e), 9-4-207(a) or anyother provision of law, funds within the account shall not lapse or revertuntil directed by the legislature. Earnings on monies within the account shallbe deposited to the account.
ARTICLE 2 - GIFTS, ESCHEATS AND FORFEITURES
9-5-201. Grants, gifts and devises to state.
All grants, gifts and devises that havebeen or may be made to the state, and not otherwise appropriated by the termsof the grant, gift or devise, shall be accepted as trust funds in the care ofthe state, and shall be kept for the exclusive benefit of the public schools.The income from the trust funds shall be disbursed as the account for commonschools within the permanent land income fund is disbursed.
9-5-202. Right to property within state.
(a) The original and ultimate right of all property, real andpersonal, within the limits of this state, is in the people thereof.
(b) All property, real and personal, within the limits of thisstate, which does not belong to any person, belongs to the state. Whenever thetitle to any property fails for want of legal heirs, it reverts to the state.
9-5-203. Recovery of escheated or forfeited property; generalprocedure; proceedings where estate without known heirs; unclaimed payments;disposition of property obtained.
(a) Whenever any property escheats or is forfeited to the statefor its use, the legal title vests in the state from the time of the escheat orforfeiture. A complaint may be filed by the county attorney of the propercounty or by the attorney general in the name of the state of Wyoming againstthe person or bank which possesses the escheated or forfeited property, in thedistrict court of the proper county for the recovery of the property, allegingthe grounds on which the recovery is claimed, and like proceedings in judgmentshall be had as in a civil action for the recovery of property. In any suchaction due proof that any real or personal property has been unclaimed for five(5) years immediately prior to the time of filing the complaint and that thename or whereabouts of the owner of the property is unknown is prima facieevidence of the failure of title to the property for want of legal heirs.
(b) In cases where probate proceedings are commenced upon theestate of any person without known heirs no action under subsection (a) of thissection need be brought. The court having jurisdiction of the estate shallenter a decree in the estate, distributing the unclaimed property remaining fordistribution in the estate to the state of Wyoming. Where probate proceedingshave been commenced but have never been completed, the county attorney orattorney general may proceed as provided by subsection (a) of this section. Inany such estate, the failure of any heirs or devisees of the deceased to appearand establish a claim within the time fixed by the notice of final settlementof the estate for filing objections to the final account and petition fordistribution is prima facie evidence of the failure of title to the property ofthe estate for want of legal heirs or devisees.
(c) In all cases in which any property, or any refunds,dividends or other payments are ordered to be conveyed or paid to persons inthe state of Wyoming by a decree, judgment or order of any court orgovernmental agency, and the property, refunds, dividends or other payments arenot claimed by the person entitled thereto within the time fixed or limited bythe order of the court or governmental agency directing the payment thereof,the property, refunds, dividends or other payments are the property of thestate of Wyoming, subject to subsection (d) of this section. At the expirationof the fixed or limited time, the court or governmental agency shall enter theproper decree, judgment or order directing that the property escheat to thestate of Wyoming.
(d) All funds obtained by the state by escheat or forfeiture,shall be paid over to the state treasurer and kept by him in a separate accountfor a period of five (5) years during which time the monies are payable by himto the true owners upon presentment of a proper claim supported by satisfactoryproof of ownership. After expiration of the five (5) year period without lawfulclaim, the funds shall be credited to the common school permanent land fundaccount. All real and personal property obtained by the state of Wyoming byescheat or forfeiture shall be received by and shall be under the direction andcontrol of the state treasurer who shall give a receipt to the court therefor.The property shall be held in kind, except as hereinafter provided, by thestate treasurer for a period of five (5) years during which time it is subjectto claims by the rightful owners who may file their claims in the court whichhad original jurisdiction of the property. After the expiration of the five (5)year period without lawful claim therefor, the state treasurer shall sell thepersonal property at public or private sale, and shall sell the real propertyin the manner provided in W.S. 36-9-101 through 36-9-120 for the sale of statelands. The proceeds received from the sale shall be paid into the statetreasury of the state and shall be credited by the state treasurer to thecommon school permanent land fund account.
(e) All real property held by the state treasurer during thefive (5) year redemption period provided by subsection (d) of this section, maybe transferred by the state treasurer to the state board of land commissionersto be administered as other state lands and shall not be sold except ashereafter provided. When any real or personal property will, in the opinion ofthe state treasurer, depreciate in value, the state treasurer may petition thecourt which had original jurisdiction over the property, for an order directingthe sale of the property. Upon receipt of the order the state treasurer shalldispose of the property as ordered by the court. Any monies obtained by theconversion shall be credited to a separate account for the remaining five (5)years, during which time the monies shall be payable by the state treasurer tothe true owners in the manner, and upon proof, as provided in subsection (d) ofthis section.
(f) This section does not apply to property which is subject tothe Uniform Unclaimed Property Act, W.S. 34-24-101 through 34-24-140.
9-5-204. Repealed by Laws 1992, ch. 2, 2.
9-5-205. Will contests; powers and duties of state treasurer andattorney general.
(a) The state treasurer and the attorney general shallinvestigate and examine all contests against any will, grant or gift in whichthe state is a devisee, legatee, beneficiary or grantee for the purpose ofascertaining and becoming advised as to the merits of the contentions of thecontestant and the probability or improbability of the contests beingsuccessful. After investigation and examination, the state treasurer andattorney general shall consider and determine the advisability of compromisingand settling the contests on behalf of the state and consider and determine theterms upon which the contests should be settled and compromised. If the statetreasurer and the attorney general deem it to be in the best interests of thestate that the contests be settled and compromised, then they may settle andcompromise the contests upon terms deemed to be the best interests of thestate. The attorney general may enter into and execute, on behalf of the state,agreements or contracts compromising and settling the contests and defining andfixing the terms thereof.
(b) The state treasurer shall:
(i) Receive, take charge of and administer all personalchattels received by the state as a devisee, legatee, beneficiary, grantee orby escheat;
(ii) Convert the same by sale, foreclosure, legal process orotherwise into money; and
(iii) Credit the monies to the funds for which the monies weredirected and intended in the grant, gift or devise. When not otherwise directedby the terms of the grant, gift or devise, the monies shall be credited to thecommon school permanent land fund account.
ARTICLE 3 - REGULATORY TAKINGS
9-5-301. Short title.
This act shall be known and may be cited asthe "Wyoming Regulatory Takings Act."
9-5-302. Definitions.
(a) As used in this act:
(i) "Constitutional implications" means theunconstitutional taking of private property as determined by the attorneygeneral in light of current case law;
(ii) "Government agency" means the state of Wyomingand any officer, agency, board, commission, department or similar body of theexecutive branch of state government;
(iii) "Governmental action" or "action":
(A) Means:
(I) Proposed rules by a state agency that if adopted andenforced may limit the use of private property;
(II) Required dedications or exactions from owners of privateproperty by a state agency.
(B) Does not include:
(I) Activity in which the power of eminent domain is exercisedformally;
(II) Repealing rules discontinuing governmental programs oramending rules in a manner that lessens interference with the use of privateproperty;
(III) Law enforcement activity involving seizure or forfeiture ofprivate property for violations of law or as evidence in criminal proceedings;
(IV) Orders that are authorized by statute, that are issued by astate agency or a court of law and that were the result of a violation of statelaw;
(V) Actions necessary to maintain or protect public health andsafety.
(iv) "Private property" means property protected byamendments V and XIV of the constitution of the United States or article 1,section 33 of the constitution of the state of Wyoming;
(v) "Taking" means an uncompensated taking of privateproperty in violation of the state or federal constitution;
(vi) "This act" means W.S. 9-5-301 through 9-5-305.
9-5-303. Guidelines and checklist for assessment of takings.
(a) The attorney general shall develop guidelines and achecklist by October 1, 1995, to assist government agencies in theidentification and evaluation of actions that have constitutional implicationsthat may result in a taking. The attorney general shall review and update thechecklist and guidelines to maintain consistency with changes in the law.
(b) In formulating the guidelines and checklist, the attorneygeneral shall consider the following:
(i) A description of how the action or regulation affectsprivate property;
(ii) The likelihood that the action or regulation may constitutea taking;
(iii) The statutory purpose to be served by the action orregulation;
(iv) Whether the action or regulation advances that purpose;
(v) Whether the restriction imposed is proportionate to theoverall problem;
(vi) An estimate of the agency's financial liability should theaction or regulation be held to constitute a taking of private property;
(vii) Alternatives considered by the agency, or proposed by thepublic, which would reduce the impact of the regulation upon private property;
(viii) Any other relevant criteria as may be determined by the attorneygeneral.
9-5-304. Agency responsible to evaluate takings.
(a) The agency shall use the guidelines and checklist preparedpursuant to W.S. 9-5-303 to evaluate proposed administrative actions orregulations that may have constitutional implications.
(b) In addition to the guidelines prepared under W.S. 9-5-303,state agencies shall consider the following criteria in their actions:
(i) If an agency requires a person to obtain a permit for aspecific use of private property, conditions imposed on issuing the permitshall directly relate to the purpose for which the permit is issued and shallsubstantially advance that purpose;
(ii) Any other relevant information as may be determined by theagency.
9-5-305. Declaration of purpose.
The purpose of this act is to establish anorderly, consistent process that better enables governmental bodies to evaluatewhether proposed regulatory or administrative actions may result in a taking ofprivate property or violation of due process. It is not the purpose of this actto expand or reduce the scope of private property protections provided in thestate and federal constitutions.