Wyoming Administrative Code › Agency 001 - Governor's Office › Sub-Agency 0002 - Information Practices › Chapter 2 - RELOCATION ASSISTANCE PROGRAM › Section 2-2 - Definitions and General Provision

Current through July 13, 2024
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.