(a) Except as provided in subsection (c) of this section, easements across land executed and recorded after the effective date of this act which do not specifically describe the location of the easement are null and void and of no force and effect.
(b) Except as provided in subsection (c) of this section, agreements entered into after the effective date of this act which grant the right to locate an easement at a later date and which do not specifically describe the location of the easement are null and void.
(c) For purposes of this section an easement or agreement which does not specifically describe the location of the easement or which grants a right to locate an easement at a later date shall be valid for a period of one (1) year from the date of execution of the easement or agreement. If the specific description is not recorded within one (1) year then the easement or agreement shall be of no further force and effect.
(d) For purposes of this section the specific description required in an easement shall be sufficient to locate the easement and is not limited to a survey.
(e) For purposes of this section options to obtain easements at a later date shall not be considered easements or agreements pursuant to subsections (b) and (c) of this section and shall be for a period not to exceed seven (7) years.
34-1-142. Instrument transferring title to real property; procedure; exceptions; confidentiality.
(a) When a deed, contract or other document transferring legal or equitable title to real property, including instruments conveying ownership of structures on lands not owned by the transferring party, is presented to a county clerk for recording, the instrument shall be accompanied by a statement under oath by the grantee or his agent disclosing the name of the grantor and grantee, the addresses and contact information of the grantor and grantee, the date of transfer, date of sale, a legal description of the property transferred, the actual full amount paid or to be paid for the property, terms of sale and an estimate of the value of any nonreal property included in the sale.
(b) No instrument evidencing a transfer of real property may be accepted for recording until the completed sworn statement is received by the county clerk. The validity or effectiveness of an instrument as between the parties is not affected by the failure to comply with subsection (a) of this section.
(c) For instruments transferring title as described in this subsection, the presenting party may omit from the statement the amount paid or other consideration exchanged for the property, the terms of the sale and an estimate of the value of any nonreal property included in the sale that would otherwise be required to be included in the statement under subsection (a) of this section:
(i) An instrument which confirms, corrects, modifies or supplements a previously recorded instrument without added consideration;
(ii) A transfer pursuant to mergers, consolidations or reorganizations of business entities;
(iii) A transfer by a subsidiary corporation to its parent corporation without actual consideration or in sole consideration of the cancellation or surrender of a subsidiary stock;
(iv) A transfer which constitutes a gift of more than one-half (1/2) of the actual value;
(v) A transfer between husband and wife or parent and child with only nominal consideration therefor;
(vi) An instrument the effect of which is to transfer the property to the same party;
(vii) A sale for delinquent taxes or assessments or a sale or a transfer pursuant to a foreclosure;
(viii) Any other transfers which the state board of equalization and department of revenue exempts upon a finding that the information is not useful or relevant in determining sales-price ratios.
(d) The sworn statements shall be used by the county assessors and the state board of equalization and the department of revenue along with other statements filed only as data in a collection of statistics which shall be used collectively in determining sales-price ratios by county. An individual statement shall not, by itself, be used by the county assessor to adjust the assessed value of any individual property.
(e) The statement is not a public record and shall be held confidential by the county clerk, county assessor, county board of equalization, the state board of equalization and the department of revenue. A statement may be disclosed pursuant to W.S. 39-13-109(a)(i) to any person wishing to review or contest his property tax assessment or valuation. The statement shall not be subject to discovery in any other county or state proceeding.
(f) Repealed by Laws 1991, ch. 174, § 3.
(g) As used in W.S. 34-1-142 through 34-1-144:
(i) A "review" is considered the initial meetings between the taxpayer and the county assessor's office pursuant to W.S. 39-13-109(b)(i);
(ii) "Contest" means the filing of a formal appeal pursuant to W.S. 39-13-109(b)(i);
(iii) "Geographic area" may include any area requested by the property owner or his agent within the boundaries of the county in which the subject property is located.
(h) The state board of equalization shall adopt rules and regulations to implement W.S. 34-1-142 and 34-1-143 which shall include forms to be used and which shall be used by county assessors and county clerks.
34-1-143. Information to be furnished to department of revenue and the state board of equalization.
The county clerk shall place the recording data on the statement of consideration paid and deliver the statement to the county assessor. The county assessor shall furnish information from the statements of consideration to the state board of equalization and department of revenue as the board or department shall require, and when disclosed under W.S. 34-1-142(g) and 39-13-109(b)(i), any person or his agent wishing to review or contest his property tax assessment or valuation and the county board of equalization. The county assessor may furnish information from the statements of consideration to a county assessor in another county in this state to be used as provided by law.
It is a misdemeanor for a person to willfully falsify or publicly disclose, except as specifically authorized by law, any information on the statement of consideration required by W.S. 34-1-142 and 34-1-143. Upon conviction the offender is subject to a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.
(a) As used in W.S. 34-1-145 through 34-1-150:
(i) "Beneficiary" means the record owner of the beneficiary's interest under a trust deed, including successors in interest;
(ii) "Mortgage" means as described in W.S. 34-2-107;
(iii) "Mortgagee" means the record owner of the mortgagee's interest under a mortgage, including a successor in interest;
(iv) "Satisfactory evidence of the full payment of the obligation secured by a trust deed or mortgage" means the original cancelled check or a copy of a cancelled check, showing all endorsements, payable to the beneficiary, servicer or mortgagee and reasonable documentary evidence that the check was to effect full payment under the trust deed or an encumbrance upon the property covered by the trust deed or mortgage;
(v) "Servicer" means a person or entity that collects loan payments on behalf of a beneficiary or mortgagee;
(vi) "Title agent" means a title insurance agent licensed as an organization under W.S. 26-23-316 and bonded as a title abstractor under W.S. 26-23-308 or 33-2-101;
(vii) "Title insurer" means a title insurer authorized to conduct business in the state under the Wyoming Insurance Code;
(viii) "Trust deed" means as described in W.S. 34-3-101.
34-1-146. Reconveyance of trust deed or release of mortgage; procedures; forms.
(a) A title insurer or title agent may reconvey a trust deed or release a mortgage in accordance with the provisions of subsections (b) through (f) of this section if:
(i) The obligation secured by the trust deed or mortgage has been fully paid by the title insurer or title agent; or
(ii) The title insurer or title agent possesses satisfactory evidence of the full payment of the obligation secured by a trust deed or mortgage.
(b) A title insurer or title agent may reconvey a trust deed or release a mortgage under subsection (a) of this section regardless of whether the title insurer or title agent is named as a trustee under a trust deed or has the authority to release a mortgage.
(c) No sooner than thirty (30) days after payment in full of the obligation secured by a trust deed or mortgage, and after notice is given pursuant to W.S. 34-1-132, the title insurer or title agent shall deliver to the beneficiary, mortgagee or servicer, or send by certified mail to the beneficiary, mortgagee or servicer, at the address specified in the trust deed or mortgage or at any address for the beneficiary or mortgagee specified in the last recorded assignment of the trust deed or mortgage a notice of intent to release or reconvey and a copy of the release or reconveyance to be recorded as provided in subsections (d) and (e) of this section.
(d) The notice of intent to release or reconvey shall contain the name of the beneficiary or mortgagee and the servicer if loan payments on the trust deed or mortgage are collected by a servicer, the name of the title insurer or title agent, the date and be substantially in the following form: NOTICE OF INTENT TO RELEASE OR RECONVEY Notice is hereby given to you as follows: 1. This notice concerns the (trust deed or mortgage) described as follows: (Trustor or Mortgagor):________________________________ (Beneficiary or Mortgagee):____________________________ Recording Information: ________________________________ Book Number:___________________________________________ Page Number: __________________________________________ 2. The undersigned claims to have paid in full or possesses satisfactory evidence of the full payment of the obligation secured by the trust deed or mortgage described above. 3. The undersigned will fully release the mortgage or reconvey the trust deed described in this notice unless, within thirty (30) days from the date stated on this notice, the undersigned has received by certified mail a notice stating that the obligation secured by the trust deed or mortgage has not been paid in full or that you otherwise object to the release of the mortgage or the reconveyance of the trust deed. Notice shall be mailed to the address stated on this form. 4. A copy of the (release of mortgage or reconveyance of trust deed) is enclosed with this notice. (Signature of title insurer or title agent) (Address of title insurer or title agent)
(e) If, within thirty (30) days from the day on which the title insurer or title agent delivered or mailed the notice of intent to release or reconvey in accordance with subsections (c) and (d) of this section, the beneficiary, mortgagee or servicer does not send by certified mail to the title insurer or title agent a notice that the obligation secured by the trust deed or mortgage has not been paid in full or that the beneficiary, mortgagee or servicer objects to the release of the mortgage or reconveyance of the trust deed, the title insurer or title agent may execute, acknowledge and record a reconveyance of a trust deed or release of a mortgage:
(i) A reconveyance of a trust deed under this subsection shall be in substantially the following form: RECONVEYANCE OF TRUST DEED (Name of title insurer or title agent), a (title insurer or title agent) authorized to conduct business in the state does hereby reconvey, without warranty, the following trust property located in .... County, state of Wyoming, that is covered by a trust deed naming (name of trustor) as trustor, and (name of beneficiary) as beneficiary and was recorded on ...., ....(year), as document number ...., or, if applicable, in Book .... at Page...., (insert a description of the trust property): The undersigned title insurer or title agent certifies as follows: 1. The undersigned title insurer or title agent has fully paid the obligation secured by the trust deed or possesses satisfactory evidence of the full payment of the obligation secured by the trust deed. 2. No sooner than thirty (30) days after payment in full of the obligation secured by the trust deed, the title insurer or title agent delivered or sent by certified mail to the beneficiary or servicer at the address specified in the trust deed and at any address for the beneficiary specified in the last recorded assignment of the trust deed, a notice of intent to release or reconvey and a copy of the reconveyance. 3. The title insurer or title agent did not receive, within thirty (30) days from the day on which the title insurer or title agent delivered or mailed the notice of intent to release or reconvey, a notice from the beneficiary or servicer sent by certified mail that the obligation secured by the trust deed has not been paid in full or that the beneficiary or servicer objects to the reconveyance of the trust deed. ____________________________ ____________________________ (Notarization) (Signature of title insurer or title agent)
(ii) A release of a mortgage under this subsection shall be in substantially the following form: RELEASE OF MORTGAGE (Name of title insurer or title agent), a (title insurer or title agent) authorized to conduct business in the state does hereby release the mortgage on the following property located in .... County, state of Wyoming, that is covered by a mortgage naming (name of mortgagor) as mortgagor, and (name of mortgagee) as mortgagee and was recorded on ...., ....(year), as document number ...., or, if applicable, in Book .... at Page...., (insert a description of the trust property): The undersigned title insurer or title agent certifies as follows: 1. The undersigned title insurer or title agent has fully paid the obligation secured by the mortgage or possesses satisfactory evidence of the full payment of the obligation secured by the mortgage. 2. No sooner than thirty (30) days after payment in full of the obligation secured by the mortgage, the title insurer or title agent delivered to the mortgagee or sent by certified mail to the mortgagee or servicer at the address specified in the mortgage and at any address for the mortgagee specified in the last recorded assignment of the mortgage, a notice of intent to release or reconvey and a copy of the release. 3. The title insurer or title agent did not receive, within thirty (30) days from the day on which the title insurer or title agent delivered or mailed the notice of intent to release or reconvey, a notice from the mortgagee or servicer sent by certified mail that the obligation secured by the mortgage has not been paid in full or that the mortgagee or servicer objects to the release of the mortgage. ___________________________ ___________________________ (Notarization) (Signature of title insurer or title agent)
(iii) A release of mortgage or reconveyance of trust deed that is executed and notarized in accordance with paragraph
(i) or (ii) of this subsection is entitled to recordation in accordance with W.S. 34-1-119 and 34-1-130. Except as otherwise provided in this paragraph, a reconveyance of a trust deed or release of a mortgage that is recorded under this paragraph is valid regardless of any deficiency in the release or reconveyance procedure. If the title insurer's or title agent's signature on a release of mortgage or reconveyance of trust deed recorded under this paragraph is forged, the release of mortgage or reconveyance of trust deed is void.
(f) A release of mortgage or reconveyance of trust deed under this section does not discharge an obligation that was secured by the trust deed or mortgage at the time the trust deed was reconveyed or the mortgage was released.
A title insurer or title agent may not record a reconveyance of trust deed or release of mortgage if, within thirty (30) days from the day on which the title insurer or title agent delivered or mailed the notice of intent to release or reconvey in accordance with W.S. 34-1-146(c) and (d), the beneficiary, mortgagee or servicer sends a notice by certified mail that the obligation secured by the trust deed or mortgage has not been paid in full or objects to the release of the mortgage or reconveyance of the trust deed under W.S. 34-1-146(e).
34-1-148. Liability of title insurer or title agent.
(a) A title insurer or title agent purporting to act under the provisions of W.S. 34-1-146 who reconveys a trust deed or releases a mortgage is liable for the damages suffered as a result of the reconveyance if the obligation secured by the trust deed or mortgage has not been fully paid and:
(i) The title insurer or title agent failed to comply with the provisions of W.S. 34-1-146 and 34-1-147; or
(ii) The title insurer or title agent acted with gross negligence or in bad faith in reconveying the trust deed.
The provisions of W.S. 34-1-145 through 34-1-148 apply to any obligation secured by a trust deed or mortgage that was paid prior to, on or after July 1, 1999.
W.S. 34-1-145 through 34-1-149 do not excuse a beneficiary, mortgagee, trustee, secured lender or servicer from complying with the provisions of W.S. 34-1-132.
(a) Unless disclosure is waived as provided in subsection
(b) of this section, every seller of vacant land shall provide to any prospective buyer a property disclosure statement that includes, but is not limited to, the following information:
(i) Whether the property is being offered as a unified estate;
(ii) If fee ownership of the underlying mineral estate has in any way been severed in the chain of title from the surface estate;
(iii) The availability and location of public utilities;
(iv) The name of the entity that maintains the roads and the level of maintenance available;
(v) The availability of water and sewer infrastructure;
(vi) The availability of fire protection services; and
(vii) The existence and location of any easements across the land known to the seller or recorded in the records of the county clerk.
(viii) Repealed By Laws 2012, Ch. 45, § 2.
(b) A buyer may waive disclosure of the information required under subsections (a) and (e) of this section.
(c) No transfer subject to this section shall be invalidated solely because of the failure to comply with the provisions of subsection (a) of this section. However, any person who willfully or negligently violates or fails to perform the duties prescribed by subsection (a) of this section shall be liable in the amount of actual damages suffered by the buyer.
(d) For purposes of this section, "vacant land" means land:
(i) With no habitable dwelling;
(ii) Not within the boundaries of a platted subdivision, or city or town; and
(iii) Less than one hundred forty (140) acres.
(e) Unless disclosure is waived as provided in subsection
(b) of this section, every seller of land not within the corporate boundaries of any city or town shall disclose in writing to any prospective buyer whether fee ownership of the wind estate has in any way been severed in the chain of title from the surface estate, including the existence of a wind energy agreement as defined in W.S. 34-27-102(a)(i).
34-1-152. Ownership of pore space underlying surfaces.
(a) The ownership of all pore space in all strata below the surface lands and waters of this state is declared to be vested in the several owners of the surface above the strata.
(b) A conveyance of the surface ownership of real property shall be a conveyance of the pore space in all strata below the surface of such real property unless the ownership interest in such pore space previously has been severed from the surface ownership or is explicitly excluded in the conveyance. The ownership of pore space in strata may be conveyed in the manner provided by law for the transfer of mineral interests in real property. No agreement conveying mineral or other interests underlying the surface shall act to convey ownership of any pore space in the stratum unless the agreement explicitly conveys that ownership interest.
(c) No provision of law, including a lawfully adopted rule or regulation, requiring notice to be given to a surface owner, to an owner of the mineral interest, or to both, shall be construed to require notice to persons holding ownership interest in any pore space in the underlying strata unless the law specifies notice to such persons is required.
(d) As used in this section, the term "pore space" is defined to mean subsurface space which can be used as storage space for carbon dioxide or other substances.
(e) Nothing in this section shall be construed to change or alter the common law as of July 1, 2008, as it relates to the rights belonging to, or the dominance of, the mineral estate. For the purpose of determining the priority of subsurface uses between a severed mineral estate and pore space as defined in subsection (d) of this section, the severed mineral estate is dominant regardless of whether ownership of the pore space is vested in the several owners of the surface or is owned separately from the surface.
(f) All instruments which transfer the rights to pore space under this section shall describe the scope of any right to use the surface estate. The owner of any pore space right shall have no right to use the surface estate beyond that set out in a properly recorded instrument.
(g) Transfers of pore space rights made after July 1, 2008 are null and void at the option of the owner of the surface estate if the transfer instrument does not contain a specific description of the location of the pore space being transferred. The description may include but is not limited to a subsurface geologic or seismic survey or a metes and bounds description of the surface lying over the transferred pore space. In the event a description of the surface is used, the transfer shall be deemed to include pore space at all depths underlying the described surface area unless specifically excluded. The validity of pore space rights under this subsection shall not affect the respective liabilities of any party and such liabilities shall operate in the same manner as if the pore space transfer were valid.
(h) Nothing in this section shall alter, amend, diminish or invalidate rights to the use of subsurface pore space that were acquired by contract or lease prior to July 1, 2008.
34-1-153. Ownership of material injected into geologic
sequestration sites; liability for holding interests related to a sequestration site or giving consent to allow geologic sequestration activities.
(a) All carbon dioxide, and other substances injected incidental to the injection of carbon dioxide, injected into any geologic sequestration site for the purpose of geologic sequestration shall be presumed to be owned by the injector of such material subject to W.S. 35-11-318 and 35-11-319 and all rights, benefits, burdens and liabilities of such ownership shall belong to the injector. This presumption may be rebutted by a person claiming contrary ownership by a preponderance of the evidence in an action to establish ownership.
(b) Except as provided in W.S. 35-11-318 and 35-11-319, no owner of pore space, other person holding any right to control pore space or other surface or subsurface interest holder, shall be liable for the effects of injecting carbon dioxide for geologic sequestration purposes, or for the effects of injecting other substances for the purpose of geologic sequestration which substances are injected incidental to the injection of carbon dioxide, solely by virtue of their interest or by their having given consent to the injection.
34-1-154. Removal of restrictive covenants in violation of law.
(a) Any person who holds an ownership interest of record in real property in this state, or any attorney, title insurance company or title insurance agent authorized to do business in this state and acting on behalf of a person with an ownership interest in real property in this state, may record a new instrument to remove any restrictive covenant contained in any conveyance encumbering or otherwise affecting the transfer or sale of, or any interest in, real property that:
(i) Is held to be void and unenforceable by a final determination of the supreme court of Wyoming or the supreme court of the United States of America; or
(ii) Is in violation of the acts prohibited by W.S. 40-26-103 through 40-26-109.
(b) Except as provided in W.S. 34-1-156, any person who, in good faith, delivers or records any instrument pursuant to subsection (a) of this section shall be immune from civil liability. The immunity provided in this subsection shall not be available to any person who:
(i) Represents or attempts to represent that the restrictive covenants pertaining to paragraphs (a)(i) or (ii) of this section, which are void and unenforceable or prohibited by law, are valid and enforceable; or
(ii) Honors or exercises or attempts to honor or exercise restrictive covenants pertaining to paragraphs (a)(i) or (ii) of this section, which are void and unenforceable or prohibited by law.
34-1-155. Process for removing restrictive covenants in violation of law.
(a) In accordance with W.S. 34-1-154, a new instrument removing a restrictive covenant that is in violation of law may be recorded by filing the new instrument with the county clerk for the county in which the real property is located.
(b) A new instrument filed and recorded under this section shall contain all of the following:
(i) The title of the filed and recorded prior instrument to which the new instrument pertains;
(ii) The name and mailing address of the person filing and recording the new instrument;
(iii) The name and mailing address of any owner of record of the real property on whose behalf the new instrument is being filed;
(iv) The legal description of the real property subject to the provisions in violation of law as specified in W.S. 34-1-154(a);
(v) A clear reference to the provisions in the prior instrument that are in violation of law as specified in W.S. 34-1-154(a) and have been stricken from the new instrument.
(c) Upon receiving a new instrument that complies with the requirements of subsection (b) of this section, the county clerk for the county in which the real property is located shall file and record the new instrument.
34-1-156. Civil action for removing enforceable covenants.
(a) Any person whose real property is subject to, or is benefitted by, a restrictive covenant that was removed under W.S. 34-1-155 and who believes the restrictive covenant is valid, may petition the court having jurisdiction over the property. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or his attorney setting forth a concise statement of the facts upon which the petition is based. The clerk of court shall assign a case number to the petition and obtain from the petitioner a filing fee of thirty-five dollars ($35.00). Upon the filing of the petition the following shall apply:
(i) The court may enter its order, which may be granted ex parte, directing the person who filed and recorded the instrument to appear before the court at a time no earlier than six (6) nor later than fifteen (15) days following the date of service of the petition, and order the person to show cause, if any, why the relief provided in this subsection should not be granted. Service under this section shall be made in accordance with the rules of civil procedure;
(ii) If, following a hearing on the matter the court determines that the restrictive covenant under subsection (a) of this section is valid and enforceable, the court shall issue an order so stating and awarding damages of up to one thousand dollars ($1,000.00) as determined by the court or actual damages, whichever is greater, costs and reasonable attorneys' fees to the petitioner to be paid by the person who filed and recorded the instrument;
(iii) If the court determines that the restrictive covenant is void and unenforceable, the court shall issue an order so stating and shall award costs and reasonable attorneys' fees to the person who filed and recorded the instrument to be paid by the petitioner.
(a) The ownership of any fossil, artifact or non-fossilized animal remains discovered in the strata below the surface lands and waters of the state is vested in the owner of the surface estate, unless otherwise governed by W.S. 7-4-106.
(b) When used in any instrument, the term "minerals" does not include fossils, artifacts or non-fossilized animal remains.
(c) As used in this section:
(i) "Fossil" means any fossilized remains, traces or imprints of organisms, preserved in or on the earth's crust, that are of paleontological interest and that provide information about the history of life on earth, but does not include coal, oil, gas or other hydrocarbons;
(ii) "Artifact" means any material remains of past human life or human activities that are of archaeological interest.
34-1-158. Prescriptive easement for water conveyance.
(a) A prescriptive easement for a water conveyance may be established if a water user has used and maintained a water conveyance under a claim of right for a period of ten (10) years during which the use has been:
(i) Continuous and uninterrupted consistent with the historical and traditional use by the water user of the water conveyance system. A temporary change of use under W.S. 41-3-110 or a cessation of use, so long as the water rights are not abandoned under W.S. 41-3-401, shall not be deemed an interruption under this paragraph;
(ii) Open and notorious; and
(iii) Adverse.
(b) If a water user establishes paragraphs (a)(i) and (ii) of this section, there is a rebuttable presumption that the use has been adverse under paragraph (a)(iii).
(c) The holder of a prescriptive easement for a water conveyance established as provided in subsections (a) and (b) may:
(i) File a notice describing the prescriptive easement consistent with the requirements of W.S. 34-1-141 in the office of the county clerk in which the prescriptive easement or a portion of the easement is located;
(ii) Access, use, maintain and repair the water conveyance located within the easement in accordance with law. Maintenance, as used in this section, shall include the right of the holder of the prescriptive easement to temporarily remove infrastructure in or spanning the water conveyance system provided that:
(A) Before the temporary removal for maintenance purposes of infrastructure that a landowner uses for ingress or egress, the holder of the prescriptive easement shall provide reasonable written notice given the extent and estimated time for maintenance but in no case shall notice be provided less than seventy-two (72) hours before any temporary removal;
(B) Any temporary removal of a landowner's infrastructure for the purpose of water conveyance system maintenance shall be reasonable and minimize any burden on the landowner. The holder of the prescriptive easement for a water conveyance shall replace the landowner's infrastructure in a timely manner in consultation with the landowner.
(d) As used in this section:
(i) "Water conveyance" means a man made canal, ditch, drain ditch or pipeline that conveys water for agricultural purposes including any appurtenant headgates and diversion structures;
(ii) "Water user" means a water user or the water user's predecessor who owns an adjudicated or valid unadjudicated water right being conveyed in a water conveyance.
(e) The width of a prescriptive easement for a water conveyance shall be based on the size of the water conveyance and the volume of water in the water conveyance system and shall:
(i) Be of a reasonable width sufficient to utilize equipment suitable for the operation and maintenance of the water conveyance;
(ii) Be from the center line of the water conveyance system but may vary from each side of the center line to reasonably facilitate the size of equipment, placement of dredge material and the topography that the water conveyance system traverses.
(f) The state engineer's office shall post to its website an informational document regarding legal aspects related to water conveyance easements. This document shall not constitute legal advice. All real estate transactions involving property through which a water conveyance passes through shall include notice of this document.
34-1-159. Prescriptive easements for electricity delivery and distribution.
(a) As used in this section:
(i) "Delivery" means the distribution or transmission of electricity;
(ii) "Electric utility" means as defined by W.S. 37-3-401(a)(ii);
(iii) "Electricity user" means a person, or the person's predecessor, that receives or received electricity from a public utility, that is or was a member or customer of a public utility or whose land is crossed by an electric utility's system;
(iv) "Public utility" means as defined by W.S. 37-1-101(a)(vi);
(v) "System" means the physical structures, including overhead power lines and appurtenant structures, that convey electricity from a public utility to an electricity user.
(b) An electric utility shall be granted a nonexclusive easement under this section for a system, and the ability to reattach any existing pole attachments, if:
(i) The electric utility has installed a delivery system;
(ii) The delivery system, or a portion of the system, is visibly installed so as to provide any successors-in-interest to the electricity user constructive notice or actual notice that the delivery system exists on the property;
(iii) The delivery system was installed on the property on or before January 1, 2006;
(iv) The delivery system's use is continuous and uninterrupted. A change of use, cessation of use or de-energization for a period not exceeding one (1) year shall not be deemed an interruption for purposes of this paragraph; and
(v) There is no valid existing written agreement between the electric utility and the landowner establishing any other easement regarding the delivery system or a portion of the delivery system.
(c) Upon the establishment of an easement under this section:
(i) The electric utility shall have the right to reconstruct, re-phase, maintain and repair the existing system and the right to trim and remove trees and other vegetation that is hazardous or that is reasonably likely to become hazardous to the delivery system;
(ii) Access to the easement and ingress and egress shall be limited to the easement to the extent necessary to permit the reasonable enjoyment of the rights and privileges granted by this section unless access or ingress and egress to parts of the easement would be hazardous to or materially encumbered for the electric utility. If access or ingress or egress to parts of the easement would be hazardous or materially encumbered, the easement granted under this section may include other reasonable access that minimizes impacts on the landowner to the extent reasonably possible.
(d) The width of an easement granted under this section shall be consistent with the historical and traditional use by the electric utility of the delivery system but shall not exceed thirty (30) feet in any direction from the location of the existing line or other physical components of the system.
(e) An easement created under this section shall be deemed abandoned if the electric utility fails to use the delivery system for greater than three (3) consecutive years without an agreement with the landowner or the landowner's predecessor allowing the lack of use.
(f) Nothing in this section shall be construed to:
(i) Interfere with, impair, modify or alter any rights or duties established by any existing easement or other agreement, including an easement for electricity delivery established by written instrument or other law;
(ii) Expand the electric utility's use of the easement beyond adjustments consistent with historic uses or normal development of the dominant and servient estate in a way that would materially increase the burden of the servient estate, except when needed to serve a reasonable expansion of use for neighboring or local land uses. Such exception shall not include industrial and manufacturing related increases in wattage;
(iii) Expand or modify the prescriptive easement laws of this state.
(g) Before an electric utility is granted a nonexclusive easement under this section, the electric utility shall publish a notice prior to the easement's enactment date in a local newspaper or customer newsletter.
(a) This article shall be known and may be cited as the "Uniform Conservation Easement Act".
(b) As used in this article, unless the context requires otherwise:
(i) "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open space values of real property, assuring its availability for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archeological or cultural aspects of real property;
(ii) "Holder" means:
(A) A governmental body empowered to hold an interest in real property under the laws of this state or the United States but does not include the Wyoming board of land commissioners after the effective date of 2008 House Enrolled Act 15; or
(B) A charitable corporation, charitable association or charitable trust, a primary purpose or power of which includes retaining or protecting the natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archeological or cultural aspects of real property.
(iii) "Third-party right of enforcement" means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association or charitable trust, which, although eligible to be a holder, is not a holder;
(iv) "This act" means W.S. 34-1-201 through 34-1-207.
34-1-202. Creation; conveyance; acceptance and duration.
(a) Except as otherwise provided in this article, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements. The provisions of W.S. 34-1-141 shall apply to this article.
(b) No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.
(c) Except as provided by W.S. 34-1-203(b), a conservation easement is unlimited in duration unless the instrument creating the easement provides otherwise.
(d) An interest in real property and any interest in minerals including any leasehold interests are not impaired in any way by a conservation easement unless the owners of those interests consent to the conservation easement.
(e) This act shall not alter the law of Wyoming regarding the primacy of the mineral estate and any easement created hereunder shall not limit the right of a mineral owner or his lessee to reasonable use of the surface for the purpose of mineral exploration and production unless the owners and lessees of the entire mineral estate and geologic sequestration right are a party to the conservation easement or consent to the conservation easement.
(a) An action affecting a conservation easement may be brought by:
(i) An owner of an interest in the real property burdened by the conservation easement;
(ii) A holder of the conservation easement;
(iii) A person having third-party rights of enforcement, as named in the instrument creating the conservation easement.
(b) This article shall not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.
(a) A conservation easement is valid even though:
(i) It is not appurtenant to an interest in real property;
(ii) It can be or has been assigned to another holder;
(iii) It is not of a character that has been recognized traditionally at common law;
(iv) It imposes a negative burden;
(v) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
(vi) The benefit does not touch or concern the real property; or
(vii) There is no privity of estate or of contract.
(a) This article shall apply to any interest created after its effective date which complies with the requirements of this article, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement or otherwise.
(b) This article shall apply to any interest created before its effective date if it would have been enforceable had it been created after the effective date of this article unless retroactive application contravenes the constitution or laws of this state or the United States.
(c) This article does not invalidate any interest whether designated as a conservation or preservation easement, a covenant, equitable servitude, restriction, easement or other designation that is enforceable under any other law of this state.
34-1-206. Uniformity of application and construction.
This article shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of the article among the states enacting it.
(a) Conservation easements shall be subject to the state's power of eminent domain in the same manner as any other real property interest.
(b) The real property tax imposed upon real property subject to a conservation easement shall not be less than the amount of the ad valorem tax for the property had it been levied and assessed based upon the taxable value of agricultural land of similar productive use and value under W.S. 39-13-101(a)(iii) and 39-13-103(b)(x).
(a) As used in this article:
(i) "Historic preservation right" means a nonpossessory property right stated in the form of a restriction, easement, covenant or condition or, with or without limitation, in any other form in any deed, will, plat or in any other instrument executed by or on behalf of the owner, or in any condemnation order of taking, appropriate to preserving the significant physical character and visual characteristics of structures having architectural, historical or cultural significance, together with any associated real property, whether or not improved, as determined eligible to the national register of historic places by the Wyoming state historic preservation office;
(ii) "Owner" means any person possessing a fee simple title to real property and any person possessing any other interest in the property including a contract purchaser, a lessee and a tenant.
(a) An owner may convey a historic preservation right in real property to the state, any city, town, county, joint powers board or other political subdivision of the state or to a nonprofit corporation or trust whose primary purpose includes the preservation of buildings, structures or sites of historical, architectural or cultural significance.
(b) The conveyance of a historic preservation right pursuant to this section shall not take effect until the conveyance is accepted by the grantee. Acceptance of the right may be conditioned upon any requirements imposed by the grantee including compensation by the grantor for the management of the right.
(c) Any conveyance of a historic preservation right shall bind only the interest of the grantor. Any conveyance of a historic preservation right by a person with limited interest in the property shall only be valid to the extent it does not violate the provisions of the instrument under which such grantor holds his limited interest.
34-1-303. Historic preservation rights specified; release, transfer or assignment restricted.
(a) An instrument conveying or reserving a historic preservation right may require, prohibit, condition, limit or control any of the following with respect to the grantor or grantee:
(i) Access or public visitation;
(ii) Affirmative acts of alteration, restoration, rehabilitation, repair, maintenance, investigation, documentation, payment of taxes or compliance with law or local ordinance or resolution;
(iii) Conditions of operation or use;
(iv) Acts detrimental to preservation;
(v) Any other acts or uses relating to the preservation of structures or improvements or appurtenances.
(b) A historic preservation right:
(i) Includes any preservation restriction imposed by agency rule or regulation or by local ordinance or resolution and is not unenforceable because of lack of privity of estate or contract, lack of benefit to specific property or because of the benefit assigned;
(ii) Shall be enforced in accordance with its terms and transferred, recorded and indexed in the same manner as fee simple interests in real property subject only to limitations provided in this article;
(iii) May be transferred or assigned only to the state, any city, town, county, joint powers board or other political subdivision of the state or to a nonprofit corporation or trust;
(iv) Shall not affect a restriction, easement, covenant, third party right of enforcement or condition otherwise valid under law nor diminish the acquisition of real property and the historic preservation right by purchase, gift, grant, eminent domain or otherwise in accordance with law or the lawful use of the property for public purposes.
The state, any city, town, county, joint powers board or other political subdivision of the state or any nonprofit corporation or trust holding a historic preservation right may enforce the right by initiating a civil action seeking injunctive relief, specific performance or damages.
(a) As used in this act unless the context otherwise requires:
(i) "Document" means information that is:
(A) Inscribed on a tangible medium or that is stored in an electronic or other medium and retrievable in perceivable form; and
(B) Eligible to be recorded in the real property records maintained by the county clerk.
(ii) "Electronic" means as defined in W.S. 40-21-102(a)(v);
(iii) "Electronic document" means a document received by the county clerk in an electronic form;
(iv) "Electronic signature" means an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document;
(v) "Person" means as defined in W.S. 40-21-102(a)(xii);
(vi) "State" means as defined in W.S. 40-21-102(a)(xv);
(vii) "This act" means W.S. 34-1-401 through 34-1-407.
(a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium or be in writing, the requirement is satisfied by an electronic document satisfying this act.
(b) If a law requires, as a condition for recording, that a document be signed or originally signed, the requirement is satisfied by an electronic signature.
(c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature.
(a) A county clerk who implements any of the functions in this section shall do so in compliance with rules promulgated by the department of enterprise technology services pursuant to W.S. 34-1-405.
(b) A county clerk may:
(i) Receive, index, store, archive and transmit electronic documents;
(ii) Provide for access to, and for search and retrieval of, documents and information by electronic means;
(iii) Convert paper documents accepted for recording into electronic form;
(iv) Convert into electronic form information recorded before the county clerk began to record electronic documents;
(v) Accept electronically any fee that the county clerk is authorized to collect;
(vi) Agree with other officials of a state or a political subdivision thereof or of the United States on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees.
(c) A county clerk who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index.
(d) As used in this section, “paper document” means a document received by the county clerk in a form that is not electronic.
(a) The department of enterprise technology services shall promulgate rules in accordance with the Wyoming Administrative Procedure Act to implement this act.
(b) The department of enterprise technology services in adopting rules pursuant to this section shall consider:
(i) Standards and practices of recording offices in other jurisdictions that enact substantially this act;
(ii) Technology used by recording offices in other jurisdictions that enact substantially this act;
(iii) The most recent standards promulgated by national standard setting bodies, including the Property Records Industry Association;
(iv) The views of interested persons and governmental officials and entities;
(v) The needs of counties of varying size, population and resources; and
(vi) Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved and resistant to tampering.
34-1-406. Uniformity of application and construction.
In applying and construing this act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
34-1-407. Relation to Electronic Signatures in Global and National Commerce Act.
This act modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, section 7001 et seq. of title 15 of the United States Code but does not modify, limit or supersede section 7001(c) of title 15 of the United States Code or authorize electronic delivery of any of the notices described in section 7003(b) of title 15 of the United States Code.
For residential property subject to a covenant that does not clearly and expressly prohibit child care, the provision of child care in a family day care home is a residential use of property and is a residential purpose. For purposes of this section "family day care home" means a private residence or other structure in which day care is provided to not more than ten (10) children on a regular basis.
34-2-101. Word "heirs" or other words of inheritance not necessary to convey fee simple; presumptions.
The term "heirs", or other words of inheritance, shall not be necessary to create or convey an estate in fee simple, and every conveyance of real estate shall pass all the estate of the grantor therein, unless the intent to pass a less estate shall expressly appear or be necessarily implied in the terms of the grant.
Conveyances of land may be substantially in the following form: Warranty Deed. A. B., grantor, (here insert name or names and place of residence), for and in consideration of (here insert consideration) in hand paid, conveys and warrants to C. D., grantee, (here insert grantee's name or names and place of residence) the following described real estate (here insert description) situate in the county of ...., state of Wyoming. Dated this .... day of .... A.D. .......... A. B.