Right-of-Way Program
5300 Bishop Blvd., Cheyenne, WY 82009-3340
Office (307) 777-4466
Toll Free 1-888-570-9908
1
 CODE OF FEDERAL REGULATIONS and
Wyoming State Statutes
 Title 49: Transportation
Subtitle A: Office of the Secretary of
Transportation
PART 24: UNIFORM RELOCATION
ASSISTANCE AND REAL PROPERTY
ACQUISITION FOR FEDERAL AND
FEDERALLY-ASSISTED PROGRAMS
aka Uniform Act
Subpart B: Real Property Acquisition
24.102 - Basic acquisition policies.
2
CFR 24.101
 (b) Programs and projects receiving Federal
financial assistance. The requirements of this
subpart apply to any acquisition of real
property for programs and projects where
there is Federal financial assistance in any
part of project costs …..
3
CFR 24.102
 §24.102 Basic acquisition policies.
 (a) Expeditious acquisition. The Agency shall
make every reasonable effort to acquire the
real property expeditiously by negotiation.
 (b) Notice to owner. As soon as feasible, the
Agency shall notify the owner in writing of
the Agency's interest in acquiring the real
property and the basic protections provided
to the owner by law and this part. (See
§24.203.) Please refer to WY Statute 126-501
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Wyoming State Statutes
 1-26-501
 Wyoming Eminent Domain Act
 1-26-504(c)
 (c) When a public entity determines that there is a
reasonable probability of locating a particular public
project on specifically identifiable private property
and that the project is expected to be completed
within two (2) years of that determination, the
public entity shall provide written notice of the
intention to consider the location and construction
of the project to the owner as shown on the records
of the county assessor. The notice shall include a
description of the public interest and necessity of the
proposed project. The public entity shall provide an
opportunity for the private property owners to
consult and confer with representatives of the public
entity regarding the project.
5
Matthew H. Mead
Governor
John F. Cox
Director
March 24, 2014
Landowner
123 Main Street
Anytown, US 12345
Project: P261022
Road: Laramie Streets
Section: UPRR Overpass
County: Albany
Re: Notification pursuant to Wyoming Statute 1-26-504(c)
Dear Landowner:
The Wyoming Department of Transportation (the Department) is planning a road construction
project to construct a new viaduct at Harney Street over the Union Pacific Railroad (UPRR) and
associated connecting roadway ending at Snowy Range Road. The County Assessors’’ Records indicate
that you are the owner of property along this project.
The Department intends to consider the location and construction of the project, while taking
into account the public interest and necessity of the project. The project may require temporary
construction areas as well as additional rights-of-way.
Please find a copy of the Right-of-Way Brochure “Highways and Your Land” and a copy of the
Title Sheet enclosed for your review. We at the Department understand that you may have questions or
concerns regarding this project. If you wish to speak with a WYDOT representative about this notice,
please contact Scott Henderson, at (307) 777-4218 or toll free 1-888-570-9908 at your earliest
convenience.
We look forward to consulting and conferring with you regarding this project.
Encls.
6
Wyoming State Statutes
 1-26-509 (c) (iii) (E)
 An offer to acquire the property sought,
allowing the condemnee up to sixty-five (65)
days from the date the initial written offer
was sent via certified mail to respond or
make a counter-offer in writing; …
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July 10, 2013
Landowner
123 Main Street
Anytown, US 12345
Project:
Road:
Section:
County:
Parcel No.:
N232048
Laramie-Colorado State Line
State Line Section
Albany
1
Dear Mr. Landowner:
The Wyoming Department of Transportation (the Department) is planning a road construction project
along US Highway 287, beginning just southeast of Tie Siding at R.M. 419.29 and extending 6.122
miles to the Colorado state line. At this time, the plan of work includes reconstruction of the highway
into a four lane divided highway the entire length of the project.
In order to construct this project, the Department is proposing to acquire seven construction permits and
a Warranty Deed (land) from you. The permit areas as shown on Exhibit “A”, crosshatched in red, will
be used temporarily and will be reclaimed to the extent that can be reasonably accomplished at
completion of construction. The Permanent Acquisition or deed land as shown on Exhibit “A”, in solid
red, will also be required for the construction of this project.
Based on the enclosed “Summary Statement of Fair Market Value”, the Department is hereby authorized
to offer you the sum of $76,790.00. This offer includes $73,875.00 for the land and $2,915.00 for the
temporary Permits. The Department’s Review Appraiser has concurred with the Appraiser’s
determination of the current “Fair Market Value” of your property.
Please find the following documents enclosed for your review:
1.
2.
3.
4.
5.
6.
7.
8.
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Original and copy of the Memorandum of Agreement;
Original and copy of Warranty Deed;
Original and copy of the Official Receipt;
Copy of the Right of Way Engineering Plans marked “Exhibit A”;
Copy of the Right of Way Brochure “Highways and your Land”;
Copy of the Valuation Report;
Summary Statement of Fair Market Value; and
Copy of the Request for Taxpayer Identification Number (WOLFS-109 Form).
Please understand that you have 65 days from the date of this mailing to respond, in writing, to the
Department’s offer. The Department and the Landowner are obligated to negotiate in good faith. You
are under no obligation to accept this written offer, but failure to respond will constitute a waiver under
Wyoming Statute 1-26-510 of any claim that the Department has not negotiated in good faith. At any
time during the negotiation process, and upon mutual agreement, either party may request dispute
resolution, including mediation or arbitration or the informal procedures for resolving disputes through
the Wyoming Agricultural and Natural Resource Mediation Board. Should negotiations fail, formal
legal proceedings may be requested by the Department. You may at any time, seek advice from an
attorney, real estate appraiser, or any other person of your choosing during this process.
If all is in order please sign and complete the originals of the Memorandum of Agreement, Warranty
Deed, Official Receipt and the WOLFS-109 form. You may return these documents in the enclosed,
postage pre-paid envelope. Please note that the deed will need to be acknowledged by a Notary Public.
Should you have any questions or concerns regarding this project, or would like to accompany me, or a
Department representative, on an inspection of the property being acquired, please contact Peter
Brennan toll-free at 1-888-570-9908, direct at (307) 777-4115, or by email at peter.brennan@wyo.gov.
Sincerely yours,
Roy Weber
Project Manager
By
Enclosures
SENT BY U.S. CERTIFIED MAIL
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Peter Brennan
Property Management Agent
CFR
24.102
 24.102(c) Appraisal, waiver thereof, and
invitation to owner.
 (1) Before the initiation of negotiations the
real property to be acquired shall be
appraised, except as provided in §24.102
(c)(2), and the owner, or the owner's
designated representative, shall be given an
opportunity to accompany the appraiser
during the appraiser's inspection of the
property.
10
CFR
24.102(c)
 (2) An appraisal is not required if:
 (i) The owner is donating the property and
releases the Agency from its obligation to
appraise the property; or
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RIGHT-OF-WAY DONATION CERTIFICATE
PROJECT:
SECTION:
ROAD:
COUNTY:
PARCEL NO.:
I, _______________________________ am the owner of land situated in _________________ County, Wyoming, more particularly
described as:
{ INSERT LEGAL DESCRIPTION }
THIS IS TO CERTIFY THAT:
I have been informed by the representative of the _______________________________ for the need to secure right-of-way for highway
and/or street purposes across the above described parcel;
I have discussed the proposed project with the representative of the __________________________and have been apprized to my satisfaction
concerning the proposed construction details;
I have been informed by the representative of the ___________________________________ of my legal right to just compensation in money
for the above described parcel and of my right to just compensation for damages, if any, occurring as a result of said construction;
I release the _______________________________________ from its obligation to have the property appraised pursuant to 49 CFR Part 24102(2)(i);
I agree to sign and execute all necessary instruments conveying ownership of the above described parcel to the
__________________________________;
Notwithstanding the above recited facts, I deem to donate free of cost the above described parcel to the
_____________________________________and waive any damage claims relative to this action.
Dated this __________ day of ________________, 20___.
__________________________________________
Landowner
__________________________________________
Landowner
ACKNOWLEDGMENT
STATE OF
COUNTY OF
)
) SS.
)
The foregoing instrument was acknowledged before me by ___________________________________,
on this ____________________ day of ______________, 20___.
Witness my hand and official seal.
My Commission Expires: ____________________
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_________________________________________
Notary Public
CFR
24.102(c)2
 (ii) The Agency determines that an appraisal
is unnecessary because the valuation problem
is uncomplicated and the anticipated value of
the proposed acquisition is estimated at
$10,000 or less, based on a review of
available data.
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CFR
24.102(c)2
 (A) When an appraisal is determined to be
unnecessary, the Agency shall prepare a waiver
valuation.
 (B) The person performing the waiver valuation must
have sufficient understanding of the local real estate
market to be qualified to make the waiver valuation.
 (C) The Federal Agency funding the project may
approve exceeding the $10,000 threshold, up to a
maximum of $25,000, if the Agency acquiring the
real property offers the property owner the option
of having the Agency appraise the property. If the
property owner elects to have the Agency appraise
the property, the Agency shall obtain an appraisal and
not use procedures described in this paragraph.
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WAIVER VALUATION
OF
PROJECT
Project Number
Road
Section
County
PARCEL NUMBER
OWNER
DATE PREPARED
ValueDate
PREPARED BY
Appraiser
15
##PROJM_road##
##PROJM_section_##
WYOMING DEPARTMENT OF TRANSPORTATION
WAIVER VALUATION
Name:
Address:
City and State:
Telephone:
Project:
Road:
Section:
County:
Parcel:
__________________________________________________________________________________________________
Current Federal rules and regulations of the Department of Transportation as published in the Federal Register,
Vol. 70, No. 2, Tuesday, January 4, 2005 states:
"Sub-part B- Real Property Acquisition 24.102 (c)(2). An appraisal is not required if...
The Agency determines that an appraisal is unnecessary because the valuation problem is
uncomplicated and the anticipated value of the proposed acquisition is estimated at $10,000
or less, based on a review of available data."
The Uniform Act, which is applicable to this report, defines an appraisal differently than does USPAP. Because this report is
being prepared for a state agency the Uniform Act’s definition is used. The Waiver Valuation does not fall under this
definition of an appraisal and is therefore not considered an appraisal and is not required to
meet USPAP.
The Wyoming Department of Transportation has determined that an appraisal is not required on this parcel because of the
small size of the takings, no significant damages and a review of available data indicates that the fair market value of these
takings will be less than $10,000.
LEGAL DESCRIPTION OF TAKINGS(s):
DESCRIPTION OF THE SUBJECT:
VALUATION:
Permanent Taking(s):
TOTAL PERMANENT TAKING(S) =
Temporary Taking(s):
TOTAL TEMPORARY TAKINGS =
IMPROVEMENTS:
Total of Improvements =
DAMAGES:
Total of Damages =
16
##CS_case_no## - ##CS_nme##
Page 1
##PROJM_road##
##PROJM_section_##
SUMMARY OF COMPENSATION
Land……………………………………………….
Temporary taking………………………………….
Damages ………………………………………….
Improvements…………………………………….
TOTAL COMPENSATION DUE TO THE LANDOWNER =
By:___________________________
Appraiser
17
Date of Report:
##CS_case_no## - ##CS_nme##
Page 2
CFR
24.102(d)
 (d) Establishment and offer of just compensation.
 Before the initiation of negotiations, the Agency
shall establish an amount which it believes is just
compensation for the real property. The amount
shall not be less than the approved appraisal of
the fair market value of the property, taking into
account the value of allowable damages or
benefits to any remaining property. An Agency
official must establish the amount believed to be
just compensation. (See §24.104.) (Review
Appraiser)
 Promptly thereafter, the Agency shall make a
written offer to the owner to acquire the
property for the full amount believed to be just
compensation. (See appendix A, §24.102(d).)
18
WS 1-26-509(c)(iii)
 (E) An offer to acquire the property sought, allowing the
condemnee up to sixty-five (65) days from the date the
initial written offer was sent via certified mail to respond
or make a counter-offer in writing; and
 (F) A written notice that the condemnee is under no
obligation to accept the initial written offer but if the
condemnee fails to respond to the initial written offer the
right to object to the good faith of the condemnor may be
waived under W.S. 1-26-510(a), that the condemnor and
the condemnee are obligated to negotiate in good faith for
the purchase of the property sought, that formal legal
proceedings may be initiated if negotiations fail and that
the condemnee has a right to seek advice from an attorney,
real estate appraiser, or any other person of his choice
during the negotiations and any subsequent legal
proceedings.
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CFR
24.102(e)
 (e) Summary statement. Along with the initial
written purchase offer, the owner shall be given
a written statement of the basis for the offer of
just compensation, which shall include:
 (1) A statement of the amount offered as just
compensation. In the case of a partial
acquisition, the compensation for the real
property to be acquired and the compensation
for damages, if any, to the remaining real
property shall be separately stated.
 (2) A description and location identification of
the real property and the interest in the real
property to be acquired.
20
CFR
24.102(e) cont.
 (3) An identification of the buildings,
structures, and other improvements
(including removable building equipment
and trade fixtures) which are included as
part of the offer of just compensation.
Where appropriate, the statement shall
identify any other separately held ownership
interest in the property, e.g., a tenant-owned
improvement, and indicate that such interest
is not covered by this offer.
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MEMORANDUM
TO:
Project:
Road:
Section:
County:
Parcel:
4127008
Casper Streets, Bryan Stock Trail
North Platte River Bridge
Natrona
2
SUBJECT: SUMMARY STATEMENT OF FAIR MARKET VALUE
In order that you may be apprised of the basis of our determination of fair market value for the
following described property, we submit the following information.
A. Identification of the real property to be acquired:
A parcel of land located in the SE1/4SE1/4, Section 34, T. 34 N., R. 79 W., of the 6th P.M., Natrona County,
Wyoming.
B. Type of Interest being acquired: Temp. Easement, Perm. Easement
C. Identification of all Improvements including fixtures which are to be
acquired: None
D. Identification of real property improvements including fixtures to be acquired which are not owned by
the owner of the land: None
E. Identification of major items which are considered personal property and therefore are not included in
this summary of value: None
F. Summary of fair market value
(1) Land .....................................................................................................
$3,320.00
(2) Damages ................................................................................................
$2,500.00
(3) Improvements ...................................................................................... $0.00
(4) Temporary Takings .............................................................................
$600.00
(5) Less Benefits ......................................................................................... $0.00
(6) Total ......................................................................................................
$6,420.00
G. The Wyoming Transportation Commission declared that this offer is the amount that has been
established by the Department as just compensation and is in accordance with the applicable state law
and requirements. Just compensation has been defined by the Wyoming Courts as being the value of the
property taken, plus damages, if any, to the remaining property, but deduction from the damages any
benefits which may accrue to the remaining property from the construction of the highway.
_____________________________
Michael J. Miller
Date: August 11, 2014
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Lands Management Administrator
RIGHT OF WAY
CERTIFICATION
This is to certify that
right-of-way for the
above described project
meets the requirements
of
23 CFR, part
635.309(b)(c)(g) & (h),
23
635.309(b)
(b) A statement is received from the State, either
separately or combined with the information
required by §635.309(c), that either all right-of-way
clearance, utility, and railroad work has been
completed or that all necessary arrangements have
been made for it to be undertaken and completed as
required for proper coordination with the physical
construction schedules. Where it is determined that
the completion of such work in advance of the
highway construction is not feasible or practical due
to economy, special operational problems and the
like, there shall be appropriate notification provided
in the bid proposals identifying the right-of-way
clearance, utility, and railroad work which is to be
underway concurrently with the highway
construction.
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635.309 (c)
(c) A statement is received from the State
certifying that all individuals and families have
been relocated to decent, safe and sanitary
housing or the State has made available to
relocatees adequate replacement housing in
accordance with the provisions of the
current Federal Highway
Administration (FHWA) directive(s) covering
the administration of the Highway Relocation
Assistance Program and that one of the
following has application:
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635.309(c)1
(1) All necessary rights-of-way, including
control of access rights when pertinent, have
been acquired including legal and physical
possession. Trial or appeal of cases may be
pending in court but legal possession has
been obtained. There may be some
improvements remaining on the right-of-way
but all occupants have vacated the lands and
improvements and the State has physical
possession and the right to remove, salvage,
or demolish these improvements and enter
on all land.
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635.309(c)2
(2) Although all necessary rights-of-way have
not been fully acquired, the right to occupy
and to use all rights-of-way required for the
proper execution of the project has been
acquired. Trial or appeal of some parcels may
be pending in court and on other parcels full
legal possession has not been obtained but
right of entry has been obtained, the
occupants of all lands and improvements have
vacated and the State has physical possession
and right to remove, salvage, or demolish
these improvements.
27
635.309(c)3
(3) The acquisition or right of occupancy and use of a few remaining
parcels is not complete, but all occupants of the residences on such
parcels have had replacement housing made available to them in
accordance with 49 CFR 24.204. The State may request authorization
on this basis only in very unusual circumstances. This exception must
never become the rule. Under these circumstances, advertisement for
bids or force-account work may be authorized if FHWA finds that it
will be in the public interest. The physical construction may then also
proceed, but the State shall ensure that occupants of residences,
businesses, farms, or non-profit organizations who have not yet moved
from the right-of-way are protected against unnecessary inconvenience
and disproportionate injury or any action coercive in nature. When the
State requests authorization to advertise for bids and to proceed with
physical construction where acquisition or right of occupancy and use
of a few parcels has not been obtained, full explanation and reasons
therefor including identification of each such parcel will be set forth in
the State's request along with a realistic date when physical occupancy
and use is anticipated as well as substantiation that such date is realistic.
Appropriate notification shall be provided in the bid proposals
identifying all locations where right of occupancy and use has not been
obtained.
28
23 CFR 635.309(g)
A statement has been
received that right-of-way
has been acquired or will be
acquired in accordance with
the current FHWA
directive(s) covering the
acquisition of real property
or that acquisition of rightof-way is not required.
29
635.309(h)
(h) A statement has been received
that the steps relative to relocation
advisory assistance and payments as
required by the current FHWA
directive(s) covering the
administration of the Highway
Relocation Assistance Program
have been taken, or that they are
not required.
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Matthew H. Mead
Governor
To:
John F. Cox
Director
Jeff Purdy, Planning and Right-of-Way Program Manager
Federal Highway Administration, Wyoming Division
2617 East Lincolnway, Suite D
Cheyenne, WY 82001-5671
Project:
Road:
County:
SUBJECT: RIGHT OF WAY CERTIFICATION
This is to certify that right-of-way for the above described project meets the requirements of 23 CFR, part 635.309(b)(c)(g) &
(h), if applicable, as detailed below: (check applicable items)
____
The acquisition of Right-of-Way was not required. All work proposed is within right of way obtained or acquired
prior to programming this construction project.
or
____
Possession of all right-of-way for the construction of this project has been acquired in accordance with the approved
procedures. Wyoming Department of Transportation has legal and physical possession and right to enter on all land.
RELOCATION ASSISTANCE
____
(a)
No persons, business, or personal property have been or will be displaced by this project.
____
(b)
Relocation Assistance has been provided and all displaced persons, business, and
personal property have been moved from this project in accordance with approved
procedures.
RAILROAD
____
There is no work involving railroad right-of-way.
____
All railroad work has been completed or all necessary arrangements have been made for it to be undertaken and
completed as required for proper coordination with the physical construction schedule.
The right-of-way for this project is now available for immediate construction and it is recommended that this project
be advanced to letting stage.
DATED this __th day of _________, 2014.
CERTIFIED BY:
______________________________________________
Craig Alexander, Assistant R/W Administrator
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Right-of-Way Program
5300 Bishop Blvd., Cheyenne, WY 82009-3340
Office (307) 777-4466
Toll Free 1-888-570-9908
32