Property and Buildings

Wyo. Stat. Ann. tit. 9, ch. 5
in effect

Wyo. Stat. Ann. § 9-5-101 State building commission; composition; general powers and duties; conflicts of interest.

(a) The five (5) elected state officers constitute the state building commission. The governor shall be chairman of the commission, but in his absence from any meeting, one (1) of the members may act as chairman, and shall preside at the meeting. All votes taken to decide the commission's final action on any matter shall be recorded. (b) The state building commission shall promulgate rules under which the general services division has charge and control of the capitol building with respect to its repair and maintenance and shall collect all rents arising from the occupancy of the capitol building. The state building commission may also promulgate rules governing occupancy of the capitol building for executive department officials. (c) No member of the state building commission shall: (i) Have a financial interest in any contract entered into or made by the commission, the general services division or by the state construction department; (ii) Be a surety on any bond conditioned for the performance of any contract entered into or made by the commission, the general services division or by the state construction department; (iii) Be an agent of any contractor on any contract entered into or made by the commission, the general services division or by the state construction department. (d) The commission shall oversee the development, creation and modification of a master plan for maintenance, preservation, restoration, rehabilitation, construction and enhancement within the capitol complex. During the development, creation or modification of the capitol complex master plan the commission may consult with members of the state capitol building rehabilitation and restoration oversight group or members of management council, as applicable. The commission shall have final approval authority of the capitol complex master plan. The commission shall review all proposals to remodel or construct a building, monument or other improvement within the capitol complex for conformance with the master plan. The commission shall notify the management council of the legislature of any proposed adoption of or modifications to the master plan for the capitol complex not less than sixty (60) days prior to taking any action to adopt or modify the plan. (e) As used in this article: (i) "Capitol complex" means all state owned grounds and facilities within the area bounded by 26th Street to the north, Pioneer Avenue to the west, 22nd Street to the south, and Warren Avenue to the east, the Pioneer building on Pioneer Avenue and the historic Wyoming governor's mansion and grounds located at the corner of House and 21st streets, all within the city of Cheyenne, Wyoming; (ii) "Commission" means the state building commission.

Wyo. Stat. Ann. § 9-5-102 State building commission; authority to buy and lease property; acceptance of donations, grants and devises.

(a) In order to obtain building sites for additional office space and state uses and to insure the proper keeping of valuable state records and provide for the expansion of functions of the state, the general services division, with the approval of the state building commission, may buy, take options to buy and lease property to be used for building sites for future state office buildings. The general services division, with the approval of the commission may lease acquired property until it is needed. The general services division, with the approval of the state building commission, in cooperation with the department of workforce services, may acquire lands and buildings in the name of the state of Wyoming by purchase, lease agreement, gift or devise to provide suitable quarters for the administration of the Wyoming Employment Security Law and to develop improvements, maintain and repair the lands and buildings. The commission shall not approve the exercise of any authority under this section for any property which is or would be within the boundaries of the capitol complex which is inconsistent with the master plan for the capitol complex without providing at least sixty (60) days' notice of the proposed action to the management council of the legislature. (b) To accomplish the purposes of subsection (a) of this section the general services division, with the approval of the state building commission, may accept donations, grants-in-aid and devises.

Wyo. Stat. Ann. § 9-5-103 State building commission; supervision and control of governor's residence.

The governor's residence and the buildings, grounds and property thereto attached belonging to the state of Wyoming are under the supervision and control of the state building commission.

Wyo. Stat. Ann. § 9-5-104 State building commission; state office buildings; authority to maintain; rental; use of proceeds.

(a) The general services division, in accordance with rules of the state building commission, may maintain, operate, lease, manage and equip state office buildings in Wyoming. (b) Every department occupying space in a building authorized under subsection (a) of this section, if required to do so by the general services division, in accordance with rules of the state building commission, shall pay to the general services division an annual rental plus a pro rata share of maintenance, janitorial services, utilities and other overhead costs necessary to maintain the building in as good a condition as reasonable and proper use will permit. Payments under this subsection shall be made to the general services division for deposit into a separate account, with receipt and acknowledgement submitted to the state treasurer, to be allocated as follows: (i) An amount as determined by the capital building commission into the revenue utilities and custodial account to be appropriated by the legislature for payment of utilities and custodial services only; and (ii) The remaining amount into the facilities management revenue maintenance account until appropriated by the legislature for deferred maintenance of state buildings.

Wyo. Stat. Ann. § 9-5-105 Purchase or lease of state lands and buildings; state building commission authority.

(a) Before purchasing any land for any state purpose, the state agency or board shall, in accordance with rules of the state building commission, determine if any land owned by the state is available and could be used for the state purpose. The agency or board shall, in accordance with rules of the state building commission, negotiate with the agency or board owning or controlling the land for purchase or lease of the lands. (b) Any state agency, assigned the operation, management or use of a state leased or owned building by statute shall follow rules of the state building commission regarding to the operation, management and use of the building unless the agency adopts rules different than those of the commission in accordance with the provisions of W.S. 9-5-106.

Wyo. Stat. Ann. § 9-5-106 State building commission; powers relative to use of state buildings; rules authorized; exceptions.

(a) The state building commission is authorized to adopt rules and regulations relative to the operation, management and use of any state leased or owned building. If the operation, management and use of a state leased or owned building is assigned by statute to any other state agency that agency may adopt rules and regulations relative to the operation, management and use of the building different than those of the commission. (b) The secretary to the commission under W.S. 9-2-3204(b)(xxi) shall administratively implement any rules of the state building commission adopted under this section. The director of the department of administration and information may adopt rules and regulations which make violation of rules adopted by the commission under subsection (a) of this section grounds for disciplinary action for any state employee violating the rules of the state building commission regarding operation, management or use of state buildings. (c) Any state agency, board or commission having authority for the supervision, control or management of state leased or owned buildings located anywhere in the state of Wyoming is authorized to adopt rules and regulations for the operation, management and use of state leased or owned buildings to the same extent as provided by subsections (a) and (b) of this section. (d) No rule promulgated under W.S. 9-5-101 through 9-5-108 shall apply to facilities occupied by: (i) The legislature or the members thereof unless the legislative management council has specifically concurred therein. For purposes of this paragraph "facilities occupied by the legislature" shall include those rooms and areas specified in W.S. 28-8-112(a)(i) through (vi) and other facilities specified by law; or (ii) The judiciary or the members thereof unless the judicial council has specifically concurred therein. (e) No architectural or structural alteration to the capitol building or its grounds shall be made without approval of the state building commission. Except for emergency maintenance as provided for in this subsection, the state building commission shall not approve of any architectural or structural alteration to the capitol building or grounds without providing notice to the management council of the legislature and without a legislative session convening and adjourning after notice was provided to the management council. Routine maintenance and repair necessary to keep the capitol building in safe and good working order, including janitorial, grounds keeping and maintenance tasks done on a routine basis, shall be conducted in a manner not to alter the capitol building structurally or architecturally to the extent practicable. Major maintenance and repair shall also be conducted in a manner not to alter the capitol building structurally or architecturally to the extent practicable. Emergency maintenance which would structurally or architecturally alter the capitol building shall only be undertaken prior to a legislative session convening and adjourning after notification under this subsection if the maintenance is immediately necessary to keep the capitol building in good working order or to prevent harm to the building. The state building commission shall provide prior notification to the management council of the legislature of any planned major maintenance activity and shall immediately notify the management council of any emergency major maintenance activity. (f) In managing areas of the capitol building and grounds and the extension from the capitol building to and under the Herschler building, the state building commission and the management council of the legislature shall enter into memoranda of understanding and other agreements as they determine appropriate to provide effective, comprehensive and coordinated visitor, civic education and other services to the public. The agreements shall also provide for: (i) Maintenance and preservation of the capitol building and grounds and the extension by the general services division subject to direction by the commission; (ii) Management of meeting rooms and common spaces with a goal of maximizing authorized uses. An elected statewide official's request to schedule a meeting room under control of the legislature shall be accommodated so long as the meeting room was not previously scheduled for use by the legislature or a committee of the legislature; (iii) Coordination of programs for exhibits, artwork, art collections, statuary and furnishings to reflect and maintain the historic aspects of the capitol building. (g) The following definitions shall apply to this section, subject to further definition by rule of the commission, provided the rules shall not be less restrictive than the following: (i) "Architectural alteration" of a building means a material modification to the finish or architectural details of a floor, wall or ceiling, including casing, trim and other attachments thereto, and excluding repair or replacement which attempts to retain existing finishes and architectural details; (ii) "Structural alteration" of a building means any change in the supporting members of a building, such as bearing walls, columns, beams and girders, or a material change in the dimensions or configurations of a floor, ceiling or wall; (iii) "Architectural or structural alteration" of grounds shall include material modification of contours or placement or removal of pathways or statues.

Wyo. Stat. Ann. § 9-5-107 Duties and responsibilities with respect to state property; state capital construction needs assessment and priorities; neglected routine maintenance; supplemental major maintenance funding.

(a) The state construction department shall, subject to the direction of the state building commission and with the assistance of other state agencies as necessary, conduct and maintain a comprehensive needs assessment of existing state buildings and of future space requirements for state agencies. The assessment shall be conducted in accordance with rules of the state building commission adopted pursuant to subsection (d) of this section and be designed to provide uniform statewide data describing the condition of state buildings and projecting building longevity and space requirements. Through the identification of building conditions and needs, the assessment shall enable the evaluation of capital construction and renovation requirements for all state buildings. The needs assessment shall be revised annually on or before October 1 of each year. The needs assessment shall specify construction and renovation requirements for the remainder of the current fiscal year and the succeeding four (4) fiscal years. (b) On or before November 1 of each year and based upon the statewide needs assessment of state buildings performed under subsection (a) of this section, the state building commission shall establish and prioritize construction and renovation needs for state buildings. The listing shall specifically identify and prioritize those buildings in need of building construction or renovation and the estimated costs of required construction or renovation during the current fiscal year and during the succeeding four (4) fiscal years. (c) On or before December 1 of each year, the commission shall provide copies of the needs assessment and statewide construction and renovation priorities established under this section to members of the legislature. (d) The state building commission shall adopt rules implementing policies for the management of state property. The rules shall establish: (i) Uniform standards and procedures for condition assessments of state buildings; (ii) Criteria to guide prioritization of construction and renovation needs of state buildings; (iii) Requirements for development and implementation of routine maintenance schedules designed to eliminate maintenance backlogs, establish proactive maintenance practices and ensure that state property and the components, equipment and systems of state property reach their full life expectancy; (iv) Uniform standards for assessing and approving agency building and other space needs; (v) Requirements for planning for the funding of major maintenance for the components, equipment and systems of state property that have a life expectancy that is less than the life expectancy of the state property of which the component, equipment or system is part; (vi) Requirements for maintaining records of routine maintenance for state property and the components, equipment and systems of state property. (e) Rules and procedures adopted under this section by the state building commission shall be applicable to all state owned buildings unless the operation, management and use of the building has been assigned by statute to a specific state agency. The agency responsible for the operation and management of a state building exempted by the provisions of this subsection, shall provide the assessment required by subsections (a) through (c) of this section to the state building commission for inclusion in the commission's report to the legislature. The rules adopted by the commission under subsection (d) of this section shall be used as guidelines for the management of state buildings assigned by statute to other state agencies including the University of Wyoming, community college districts, department of transportation, game and fish commission and state institutions. (f) The state building commission shall meet at least quarterly and shall promulgate rules specifying procedures under which public comment may be received regarding any actions of the commission, excluding promulgation of rules to which the Wyoming Administrative Procedure Act is applicable. (g) The state building commission shall adopt a formula for major maintenance for state property, community college property and University of Wyoming property. The formula shall: (i) Be based on the gross square footage for not more than seven (7) categories of buildings each for state property, community college property and University of Wyoming property and shall: (A) For community college property, include only buildings providing education programs comprising the statewide college system strategic plan developed and maintained under W.S. 21-18-202(a)(v); (B) Specifically exclude student housing, student unions and auxiliary services areas funded exclusively through university or community college generated revenues unless otherwise specified by law. (ii) Use a multiplier to maintain facilities in at least fair condition based on criteria from organizations with expertise in the area of major maintenance funding; (iii) Otherwise be computed in the same manner as for major maintenance for school facilities under W.S. 21-15-109, including using the most current edition of the R.S. Means construction cost index, as modified to reflect current Wyoming construction costs determined by the department of administration and information, division of economic analysis, to calculate replacement cost. (h) Repealed by Laws 2025, ch. 12, § 3. (j) At the end of each fiscal year, the state construction department, any agency responsible for the operation and management of a state property, the community college commission and the University of Wyoming shall report to the state building commission on the expenditures and commitments made from any funds appropriated for major maintenance. (k) To the extent the amount of funds appropriated in any fiscal biennium pursuant to the formula adopted by the state building commission under subsection (g) of this section for major maintenance are insufficient to repair, replace or upgrade a poor component, equipment or system of a property, the state building commission, the community college commission, any agency and the University of Wyoming may separately identify and request in its capital construction budget request submitted to the governor the additional amount necessary for the major maintenance. Any supplemental funding appropriated in response to a budget request submitted under this subsection shall be conditioned on the requesting entity expending all funds appropriated in the fiscal biennium for major maintenance on the poor component, equipment or a system, except as otherwise provided by law. (m) As used in this section: (i) "Major maintenance" means as defined by W.S. 9-2-3001(b)(ix); (ii) "Property" means as defined by W.S. 9-2-3001(b)(x); (iii) "Routine maintenance" means as defined by W.S. 9-2-3001(b)(xii).

Wyo. Stat. Ann. § 9-5-108 Development of building projects; rehabilitation of building projects.

(a) The commission shall, on the basis of a state needs assessment plan or as otherwise directed by the legislature and after consultation with and advice from state agencies and officials, other appropriate agencies and officials and members of the public, identify and select potential projects to be studied for inclusion in the Wyoming public buildings construction program pursuant to the following schedule: (i) Level I reconnaissance studies shall, to the extent possible: (A) Describe the project; (B) Identify the need for the project; (C) In cooperation with appropriate local, county and state agencies, assess the status of proposed site ownerships, including existing conflicts and recommendations for resolution of the conflicts and other potential obstacles; (D) Assess and describe local, state and federal permits required 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 the commission in the county of the proposed construction; and (J) Contain the commission’s recommendation to the legislature whether to terminate further consideration of the proposed project or to continue the project at its current level of study, or to proceed with further activity 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 to development, construction, operation and maintenance; (B) Identify major problems and opportunities concerning development and the environmental, social and economic effects of development; (C) Identify the desired sequence of events, including commencement of local, state and federal permitting activities and acquisition of land; (D) Summarize testimony received at public hearings held by the commission 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 the proposed means and costs of acquisition. An "interest in land" may include the fee simple title or any other interest in land less than a fee simple; and (J) Include draft legislation describing in detail the construction, operation and financing of the proposed project. (iii) Level III construction and operation plans shall proceed as authorized and approved by the legislature under the immediate direction and control of the commission. Pursuant to legislative authorization for public building construction projects and prior to completion of Level III construction the commission may: (A) Design, construct, acquire or purchase facilities related to the construction projects for use of any feature, facility, function or portion of a project; (B) Contract for the performance of any power under subparagraph (A) of this paragraph, and consult with or employ experts and professional persons; (C) Acquire by purchase, lease, appropriation, gift, exchange or eminent domain, necessary land, easements and other property for construction, operation and maintenance of projects and accept gifts, grants and contributions of money from any source; (D) Contract with, contribute to or receive contributions from any legal subdivision of the state, special district, private corporation or person for the construction, operation, management and maintenance of any project or any interest in any facility or function of a project. (iv) After completion of Level III construction, the commission shall turn over the project to the general services division of the department of administration and information for the operation and maintenance of state owned facilities constructed under the direction and control of the commission. (b) State agencies shall cooperate fully with the commission in the preparation of the studies. In the execution of these activities, the commission shall: (i) Receive and acquire data relating to the project; (ii) Hold public hearings within the county where the proposed project will be wholly or partly constructed, consult with and receive the views of private persons, local groups, associations and organizations representing local citizens, industries and the public interest; (iii) Coordinate the feasibility studies with the plans of other government agencies and departments; (iv) Undertake studies, investigations, surveys and research relevant to the completion of the study and enter into contracts and arrangements for its completion with any government agency, department or any person, firm, university, institution or state or national organization; (v) Perform any other related activities or functions relevant and appropriate to the completion of the feasibility study; and (vi) Maximize the use of all existing information, data, reports and other materials, and no funds shall be expended to duplicate existing information, data, reports and other materials. (c) The commission may suspend the expenditure of time or funds on a project at any level of activity, if it is established that it would be in the public interest. The commission shall report the reason for any suspension of activity to the legislature. (d) Any agency seeking to rehabilitate an existing public building shall submit that request to the commission. The commission shall review and develop plans and recommendations for the project as provided in this section. (e) As used in this section, "project" means any public building and all works and facilities necessary for the planning, construction and utilization of a state owned public building, including the improvement 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 by law to a specific state agency.

Wyo. Stat. Ann. § 9-5-109 Advisory task force on capitol building rehabilitation and restoration; composition; duties; account created.

(a) Repealed By Laws 2013, Ch. 150, § 4. (b) Repealed By Laws 2013, Ch. 150, § 4. (c) Repealed By Laws 2013, Ch. 150, § 4. (d) Repealed By Laws 2013, Ch. 150, § 4. (e) Repealed By Laws 2013, Ch. 150, § 4. (f) Repealed By Laws 2013, Ch. 150, § 4. (g) Repealed By Laws 2013, Ch. 150, § 4. (h) Repealed By Laws 2013, Ch. 150, § 4. (j) There is created the capitol building rehabilitation and restoration account. Funds in the account shall only be expended upon appropriation by the legislature to implement projects approved by the legislature. Except as provided in this subsection, funds within the account shall not be transferred or expended for any other purpose. Notwithstanding W.S. 9-2-1008, 9-2-1012(e), 9-4-207(a) or any other provision of law, funds within the account shall not lapse or revert. At the end of each fiscal year, any unexpended, unobligated amounts in the fund shall be transferred to the capitol square preservation account created by W.S. 9-4-225. Earnings on monies within the account shall be deposited to the account. (k) Repealed by Laws 2019, ch. 197, § 2. (m) Repealed by Laws 2019, ch. 197, § 2. (n) Repealed by Laws 2019, ch. 197, § 2. (o) Repealed by Laws 2019, ch. 197, § 2. (p) Repealed by Laws 2019, ch. 197, § 2. (q) Repealed by Laws 2019, ch. 197, § 2. (r) Repealed by Laws 2019, ch. 197, § 2.

Wyo. Stat. Ann. § 9-5-110 State capitol building rehabilitation and restoration project; definitions.

(a) As used in W.S. 9-5-109 through 9-5-113: (i) Repealed by Laws 2019, ch. 197, § 2. (ii) "Department" means the state construction department; (iii) Repealed by Laws 2019, ch. 197, § 2. (iv) "Project" means the state capitol building and Herschler state office rehabilitation, restoration and renovation project described in W.S. 9-5-112, including all components of the project.

Wyo. Stat. Ann. § 9-5-112 Capitol building rehabilitation and restoration project; components; oversight.

(a) The department shall proceed with level III design and construction for renovation, rehabilitation, restoration and addition to the state capitol building, the Herschler state office building and the connection between the two (2) buildings in accordance with presentations to the management council of the legislature on November 18, 2013 and January 9, 2014, and the provisions of W.S. 9-5-109 through 9-5-113. The project shall proceed as a single funded project with the following components: (i) Capitol building restoration and rehabilitation; (ii) Herschler state office building renovation, rehabilitation and additional construction including a structure connecting the Herschler building and the capitol building and addition to the Herschler building; (iii) Temporary space accommodations within the Herschler building and in other state owned buildings, or in other leased buildings if determined by the governor necessary or advisable for the project, for current occupants of the Herschler building and capitol building; (iv) Restoration, rehabilitation and renovation of the Herschler building after temporary space accommodations are no longer needed; (v) Furniture, fixtures and equipment for the project; (vi) Contingency costs, costs of fees and other costs associated with the project. (b) Repealed by Laws 2019, ch. 197, § 2. (c) The Herschler state office building rehabilitation, renovation and addition shall be designed to accommodate offices for elected state officials for which insufficient space is provided within the capitol building restoration, renovation and rehabilitation design. (d) Repealed by Laws 2019, ch. 197, § 2. (e) Repealed by Laws 2019, ch. 197, § 2. (f) The department may expend funds appropriated by the legislature for the project to implement the design, renovation, restoration, rehabilitation, construction and other project components which have been included in the final design plans approved under subsection (e) of this section. Any change order to the approved final design plans in excess of one hundred thousand dollars ($100,000.00) or in a cumulative amount in excess of one million dollars ($1,000,000.00) shall require the approval of the governor and a majority of the other voting members of the oversight group which consist of the legislator members and the state treasurer.

Wyo. Stat. Ann. § 9-5-113 Capitol building rehabilitation and restoration project; design and construction execution.

(a) Notwithstanding W.S. 9-5-101 through 9-5-108, for all components of the project: (i) The state construction department shall be the primary fiscal and contracting agent; (ii) Level III design and construction shall proceed under the immediate direction and control of the governor in accordance with the provisions of W.S. 9-5-110 through 9-5-113; (iii) Repealed by Laws 2019, ch. 197, § 2.

Wyo. Stat. Ann. § 9-5-201 Grants, gifts and devises to state.

All grants, gifts and devises that have been or may be made to the state, and not otherwise appropriated by the terms of the grant, gift or devise, shall be accepted as trust funds in the care of the 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 common schools within the permanent land income fund is disbursed.

Wyo. Stat. Ann. § 9-5-202 Right to property within state.

(a) The original and ultimate right of all property, real and personal, within the limits of this state, is in the people thereof. (b) All property, real and personal, within the limits of this state, which does not belong to any person, belongs to the state. Whenever the title to any property fails for want of legal heirs, it reverts to the state.

Wyo. Stat. Ann. § 9-5-203 Recovery of escheated or forfeited property; general procedure; proceedings where estate without known heirs; unclaimed payments; disposition of property obtained.

(a) Whenever any property escheats or is forfeited to the state for its use, the legal title vests in the state from the time of the escheat or forfeiture. A complaint may be filed by the county attorney of the proper county or by the attorney general in the name of the state of Wyoming against the person or bank which possesses the escheated or forfeited property, in the district court of the proper county for the recovery of the property, alleging the grounds on which the recovery is claimed, and like proceedings in judgment shall be had as in a civil action for the recovery of property. In any such action 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 the name or whereabouts of the owner of the property is unknown is prima facie evidence of the failure of title to the property for want of legal heirs. (b) In cases where probate proceedings are commenced upon the estate of any person without known heirs no action under subsection (a) of this section need be brought. The court having jurisdiction of the estate shall enter a decree in the estate, distributing the unclaimed property remaining for distribution in the estate to the state of Wyoming. Where probate proceedings have been commenced but have never been completed, the county attorney or attorney general may proceed as provided by subsection (a) of this section. In any such estate, the failure of any heirs or devisees of the deceased to appear and establish a claim within the time fixed by the notice of final settlement of the estate for filing objections to the final account and petition for distribution is prima facie evidence of the failure of title to the property of the 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 in the state of Wyoming by a decree, judgment or order of any court or governmental agency, and the property, refunds, dividends or other payments are not claimed by the person entitled thereto within the time fixed or limited by the order of the court or governmental agency directing the payment thereof, the property, refunds, dividends or other payments are the property of the state of Wyoming, subject to subsection (d) of this section. At the expiration of the fixed or limited time, the court or governmental agency shall enter the proper decree, judgment or order directing that the property escheat to the state 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 account for a period of five (5) years during which time the monies are payable by him to the true owners upon presentment of a proper claim supported by satisfactory proof of ownership. After expiration of the five (5) year period without lawful claim, the funds shall be credited to the common school permanent land fund account. All real and personal property obtained by the state of Wyoming by escheat or forfeiture shall be received by and shall be under the direction and control 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 the state treasurer for a period of five (5) years during which time it is subject to claims by the rightful owners who may file their claims in the court which had original jurisdiction of the property. After the expiration of the five (5) year period without lawful claim therefor, the state treasurer shall sell the personal property at public or private sale, and shall sell the real property in the manner provided in W.S. 36-9-101 through 36-9-120 for the sale of state lands. The proceeds received from the sale shall be paid into the state treasury of the state and shall be credited by the state treasurer to the common school permanent land fund account. (e) All real property held by the state treasurer during the five (5) year redemption period provided by subsection (d) of this section, may be transferred by the state treasurer to the state board of land commissioners to be administered as other state lands and shall not be sold except as hereafter provided. When any real or personal property will, in the opinion of the state treasurer, depreciate in value, the state treasurer may petition the court which had original jurisdiction over the property, for an order directing the sale of the property. Upon receipt of the order the state treasurer shall dispose of the property as ordered by the court. Any monies obtained by the conversion 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 to the true owners in the manner, and upon proof, as provided in subsection (d) of this section. (f) This section does not apply to property which is subject to the Uniform Unclaimed Property Act, W.S. 34-24-101 through 34-24-140.

Wyo. Stat. Ann. § 9-5-205 Will contests; powers and duties of state treasurer and attorney general.

(a) The state treasurer and the attorney general shall investigate and examine all contests against any will, grant or gift in which the state is a devisee, legatee, beneficiary or grantee for the purpose of ascertaining and becoming advised as to the merits of the contentions of the contestant and the probability or improbability of the contests being successful. After investigation and examination, the state treasurer and attorney general shall consider and determine the advisability of compromising and settling the contests on behalf of the state and consider and determine the terms upon which the contests should be settled and compromised. If the state treasurer and the attorney general deem it to be in the best interests of the state that the contests be settled and compromised, then they may settle and compromise the contests upon terms deemed to be the best interests of the state. The attorney general may enter into and execute, on behalf of the state, agreements or contracts compromising and settling the contests and defining and fixing the terms thereof. (b) The state treasurer shall: (i) Receive, take charge of and administer all personal chattels received by the state as a devisee, legatee, beneficiary, grantee or by escheat; (ii) Convert the same by sale, foreclosure, legal process or otherwise into money; and (iii) Credit the monies to the funds for which the monies were directed and intended in the grant, gift or devise. When not otherwise directed by the terms of the grant, gift or devise, the monies shall be credited to the common school permanent land fund account.

Wyo. Stat. Ann. § 9-5-302 Definitions.

(a) As used in this act: (i) "Constitutional implications" means the unconstitutional taking of private property as determined by the attorney general in light of current case law; (ii) "Government agency" means the state of Wyoming and any officer, agency, board, commission, department or similar body of the executive branch of state government; (iii) "Governmental action" or "action": (A) Means: (I) Proposed rules by a state agency that if adopted and enforced may limit the use of private property; (II) Required dedications or exactions from owners of private property by a state agency. (B) Does not include: (I) Activity in which the power of eminent domain is exercised formally; (II) Repealing rules discontinuing governmental programs or amending rules in a manner that lessens interference with the use of private property; (III) Law enforcement activity involving seizure or forfeiture of private property for violations of law or as evidence in criminal proceedings; (IV) Orders that are authorized by statute, that are issued by a state agency or a court of law and that were the result of a violation of state law; (V) Actions necessary to maintain or protect public health and safety. (iv) "Private property" means property protected by amendments 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 private property in violation of the state or federal constitution; (vi) "This act" means W.S. 9-5-301 through 9-5-305.

Wyo. Stat. Ann. § 9-5-303 Guidelines and checklist for assessment of takings.

(a) The attorney general shall develop guidelines and a checklist by October 1, 1995, to assist government agencies in the identification and evaluation of actions that have constitutional implications that may result in a taking. The attorney general shall review and update the checklist and guidelines to maintain consistency with changes in the law. (b) In formulating the guidelines and checklist, the attorney general shall consider the following: (i) A description of how the action or regulation affects private property; (ii) The likelihood that the action or regulation may constitute a taking; (iii) The statutory purpose to be served by the action or regulation; (iv) Whether the action or regulation advances that purpose; (v) Whether the restriction imposed is proportionate to the overall problem; (vi) An estimate of the agency's financial liability should the action or regulation be held to constitute a taking of private property; (vii) Alternatives considered by the agency, or proposed by the public, which would reduce the impact of the regulation upon private property; (viii) Any other relevant criteria as may be determined by the attorney general.

Wyo. Stat. Ann. § 9-5-304 Agency responsible to evaluate takings.

(a) The agency shall use the guidelines and checklist prepared pursuant to W.S. 9-5-303 to evaluate proposed administrative actions or regulations 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 a specific use of private property, conditions imposed on issuing the permit shall directly relate to the purpose for which the permit is issued and shall substantially advance that purpose; (ii) Any other relevant information as may be determined by the agency.

Wyo. Stat. Ann. § 9-5-305 Declaration of purpose.

The purpose of this act is to establish an orderly, consistent process that better enables governmental bodies to evaluate whether proposed regulatory or administrative actions may result in a taking of private property or violation of due process. It is not the purpose of this act to expand or reduce the scope of private property protections provided in the state and federal constitutions.
Source: WY Statutes (Official Site)URL: https://wyoleg.gov/statutes/compress/title09.pdfFetched: 10/4/2026

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