Lex Anteinternet: The 2023 Wyoming Legislative Session. State Right of First Refusal

Lex Anteinternet: The 2023 Wyoming Legislative Session. End of the f...: HB 267 would illegally grant the State of Wyoming a right of first refusal that it hasn't paid for, thereby perpetuating an adverse condemnation on entire state, in instances when somebody wants to sell property to the Federal Government.  This bill, which won't ever take effect as its illegal, states:

HOUSE BILL NO. HB0267

Conveyances to United States-right of refusal by state.

Sponsored by: Representative(s) Knapp

A BILL

for

AN ACT relating to property; granting the state of Wyoming the right of first refusal for real property conveyances to the United States and federal agencies; specifying conditions for the purchase of property by exercising the right of first refusal; specifying duties for property owners and the board of land commissioners; providing a continuous appropriation; providing definitions; making conforming amendments; and providing for an effective date.

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

Section 1.  W.S. 34‑1‑158 and 36‑2‑111 are created to read:

34‑1‑158.  Conveyances to the United States; right of first refusal to state; landowner notices; requirements.

(a)  As used in this section:

(i)  "Board" means the board of land commissioners;

(ii)  "Director" means the director of the office of state lands and investments;

(iii)  "Property" means all interests in real property and shall include land, mineral rights and water rights;

(iv)  "United States" means the United States, the federal government and any agency or office of the federal government.

(b)  The state of Wyoming shall have the right of first refusal for any sale, grant or award of property to the United States.

(c)  Before entering into an agreement or contract to sell or otherwise grant property to the United States, the owner of the property shall, not less than forty‑five (45) days before entering into the agreement or contract, provide notice in writing to the director and the board that includes notice of the purchase agreement or contract, details of the property to be conveyed in the agreement or contract, the appraised value of the property if known and the agreed‑upon purchase price for the property.

(d)  Not later than thirty (30) days after receiving a notice from a property owner under subsection (c) of this section, the board shall, through the director, respond to the notice by:

(i)  Declining to exercise the right of first refusal granted in subsection (b) of this section; or

(ii)  Declaring that the board intends to exercise the right of first refusal on the property and purchase the property, subject to subsection (e) of this section.

(e)  A purchase of property upon exercising the right of first refusal under this section shall comply with all of the following:

(i)  The purchase price to be paid for the property shall not exceed the amount offered by the United States for the property or, if the property is to be granted or donated to the United States without consideration, the fair market value of the property. The board may negotiate with the property owner to purchase the property at a lower price than the maximum price specified in this paragraph;

(ii)  The purchase shall be made from funds appropriated in subsection (f) of this section or from another legislative appropriation;

(iii)  Not later than ten (10) days after exercising the right of first refusal under this section, the director shall report to the joint appropriations committee on the property to be purchased and the known or estimated purchase price;

(iv)  Upon completing the purchase, the land shall be managed by the board as state lands as defined by W.S. 36‑1‑101. The board may take any action in managing property purchased under this section as authorized by statute, including selling, leasing or exchanging the land in accordance with law.

(f)  There is continuously appropriated to the board from any unexpended, unobligated funds in the legislative stabilization reserve account an amount not to exceed the purchase price of property specified in paragraph (e)(i) of this section. Before expending funds appropriated in this subsection, the board shall report to the joint appropriations committee as required by paragraph (e)(iii) of this section. The board shall not expend funds from the continuous appropriation if other appropriated funds are available for the purchase of the property under this section.

36‑2‑111.  Right of first refusal of conveyances to the United States; duties of board.

The board shall review all notices of property conveyances to the United States that the board receives under W.S. 34‑1‑158 and shall respond to each notice in accordance with W.S. 34‑1‑158.

Section 2.  W.S. 36‑3‑102 by creating a new subsection (e) is amended to read:

36‑3‑102.  Duties generally.

(e)  The director shall receive all notices of property conveyances to the United States under W.S. 34‑1‑158 and immediately forward each notice to the board for the board's consideration of exercising a right of first refusal under W.S. 34‑1‑158. The director shall offer any assistance to the board as necessary to help the board make a determination on exercising the right of first refusal in accordance with W.S. 34‑1‑158.

Section 3.  This act is effective July 1, 2023.

It's telling that this bill has a single sponsor.  It's going nowhere.