001-2 Wyo. Code R. §§ 2-2 - Definitions and General Provision

Unless the context requires otherwise, the following terms when used have the meanings assigned to them as follows.

a. "Acquired" for the purpose of relocation assistance means the date upon which legal possession of the real property is obtained.

b. "Adequate Replacement Housing" means a dwelling which is decent, safe and sanitary as defined by these Rules and Regulations; which is located in areas not generally less desirable with respect to public utilities and public or commercial facilities; and which is reasonably accessible to the displacee's place of employment, adequate to accommodate the displacee, available on the market to the displacee and within the financial means of the displacee or his family.

c. "Business" means any lawful activity conducted primarily for; the purchase, sale, lease, or rental of personal and real property; the manufacture, processing, or marketing of products, commodities or any other personal property; or the sale of services to the public, which activity is carried on by any lawful business entity, including non-profit organizations, but excluding farm operations.

d. "Commercial mover" means one who is licensed and otherwise authorized and equipped to move household goods and other personal property.

e. "Commission" means the State Highway Commission of Wyoming.

f. "Comparable replacement dwelling" means a dwelling which is decent, safe, and sanitary, as defined in these Rules and Regulations; which is functionally equivalent and substantially the same as the acquired dwelling with respect to number of rooms, area of living space, type of construction, and age; which is in areas not generally less desirable than the dwelling to be acquired with respect to public utilities and public or commercial facilities; which is reasonably accessible to the relocatee's place of employment, which is in an equal or better neighborhood and not subject to unreasonably adverse environmental factors; and which is adequate to accommodate the relocatee, available on the market to the relocatee, and within the financial means of the relocatee.

g. "Date of initiation of negotiations" means the date that first personal contact is made with any owner on the project to give him a written offer for the property, except where such contact is made solely for protective buying or where such contact is made in hardship cases.

h. "Department" means the Wyoming State Highway Department.

i. "Displace" means any person who meets the definition of a displaced person provided in these Rules and Regulations.

j. "Displaced person" means any person who moves from real property or moves his personal property from real property as a result of the acquisition of the real property, in whole or in part, for a Federal aid or State highway project.

k. "Dwelling" means the place of customary and usual abode and includes any single family house, a single family unit in a multi-family building, a unit of a condominium or cooperative housing project, a mobile home or other residential unit.

l. "Existing patronage" means the net annual dollar value of business transacted during the two taxable years immediately preceding the taxable year in which the business is displaced.

m. "Family" means two or more individuals related by blood or legal ties who live together as a family unit plus all other individuals regardless of blood or legal ties who live with them and are considered part of the family unit or tow or more individuals not related by legal or blood ties who live together by mutual consent.

n. "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities (including timber) for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. the term "contributing materially" used in this definition means that the farm operation contributes at least 1/3 of the operator's income.

o. "Federal financial assistance" means a grant, loan, or contribution provided by the United States, except any federal guarantee, or insurance.

p. "Habitable floor space" means that floor space used for sleeping, living, cooking, or dining purposes, and excludes such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundrys, unfurnished attics, foyers, storage spaces, cellars, utility rooms and similar spaces.

q. "Hardship cases" means those cases involving elderly, ill, indigent, or other persons or businesses, farms, and nonprofit organizations where moving costs would create an economic strain and payment in advance of the actual move alleviates the situation.

r. "Initial occupant" means any person who is in occupancy of real property upon the date of initiation of negotiations for the parcel or upon the date he is given written notice of the Department's intent to acquire the real property and who moves his personal property from the real property at the time the real property is subsequently acquired by the Department.

s. Last resort housing project" means a project authorized for the construction, purchase, and/or rehabilitation of dwellings as replacement housing units for highway displacees.

t. "Mortgage" means such classes of liens and credit instruments commonly given to secure advances on , or secure the unpaid purchase price of real property under the laws of the State of Wyoming together with the credit instruments, if any, secured thereby.

u. "Nonprofit organization" means a corporation, partnership, individual or other public or private entity, engaged in a business, professional or instructional activity on a nonprofit basis.

v. "Owner" means: a person who owns legally or equitably, the fee simple estate, a life estate, a 99 year lease, or a lease with a term of at least 50 years upon the date of acquisition of the real property, or other proprietary interest; a person who is the contract purchaser of any of the foregoing estates or interests; or a person who has succeeded to any of the foregoing interests by devise, bequest, inheritance, or operation of law.

w. "Outdoor advertising business" means a lawful business conducted by a lawful business entity for the erection and maintenance of outdoor advertising displays which advertise the purchase, sale, resale, manufacture, processing or marketing of commodities or services.

x. "Person" means an individual, family, partnership, company, corporation, or association.

y. "Rent supplement" means the amount in addition to present rent which is necessary to

enable a displaced person to lease or rent a comparable replacement dwelling.

z. "Replacement housing payment" means generally the payment made to an eligible displaced person which when added to the payment he receives upon acquisition of his dwelling, will equal the amount the displacee is required to pay for a decent, safe and sanitary dwelling or the amount necessary to purchase a comparable replacement dwelling, whichever is less.

aa. "Subsequent occupant" means any person not an initial occupant who is in occupancy at the time the real property is acquired and who subsequently moves from the real property.

bb. "Taxable year" means any twelve-month period used by a business or person in computing and filing income tax returns.

cc. "Tenant" means an individual or family which rents, or is temporarily in lawful possession of, a dwelling, room or one or more sleeping rooms.

dd. "180 day owner" means an initial occupant who has owned and occupied the dwelling from which he is being displaced for at least 180 consecutive days prior to the initiation of negotiations.

ee. "90 day owner" means an initial occupant who has owned and occupied the dwelling from which he is being displaced for less than 180 days but more than 90 consecutive days immediately prior to the initiation of negotiations.

ff. Replacement housing will be given and extended to all races without discrimination. Fair housing discrimination complaints will be processed by the Department and relocates shall be kept informed of these procedures. Relocation assistance shall be made available to relocatees to insure protection of fair housing rights under Federal law.

gg. Each displacee shall receive a notice of intent to acquire when the Department desires to establish eligibility for relocation benefits prior to the initiation of negotiations to acquire the parcel. A notice of intent shall not be sent unless necessary to forestall possible subsequent occupancy or to minimize rental problems.

hh. The Department, upon the date of initiation of negotiations for the parcel or as soon hereafter as reasonably possible, shall furnish to displacees, including 180 day owners, 90 day owners, and tenants, written information explaining relocation benefits and eligibility requirements.

ii. Each displacee shall be furnished a Form 79ra which shall contain an explanation of the amount of replacement housing assistance to which he is entitled.

jj. To the greatest extent possible, a displacee will not be required to move from a dwelling, or move a business or farm without 90 days written notice, which notice shall be given upon the date of initiation of negotiations for the parcel or as soon thereafter as reasonably possible. In addition, each displacee shall be given a notice specifying the date upon which he must vacate the real property he occupies. This notice shall be given at lest 30 days prior to the date specified unless the displacee has already vacated the real property at the time the notice is to be given.

kk. All displacees who are eligible for relocation assistance shall be furnished a written notice of the right to appeal a determination of benefits made by the Department.

Notes

001-2 Wyo. Code R. §§ 2-2