Office (307) Toll Free Right-of-Way Program Right-of-Way Program 5300 Bishop Blvd., Cheyenne, WY

The Appraisal Requirement The Uniform Act requires that the property be appraised before an acquiring agency begins negotiations to acquire it and that the amount of the approved appraisal be the basis of the offer of just compensation. In addition, the Uniform Act regulations in 49 CFR, Part 24, Subpart B require that the appraisal be reviewed and approved. However, the Uniform Act also give the lead Agency (Which is FHWA) the authority to develop procedures for waiving the appraisal requirement in cases of non-complex, low-value acquisitions.

APPRAISAL WAIVER AND WAIVER VALUATIONS Appraisal waiver provisions are found in © of 49 CFR. These procedures provide all acquiring agencies the option to waive the appraisal requirement under two circumstances. First, if an owner had indicated he intends to donate his property and if the owner releases the agency from its obligation to appraise the property.

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 theproposed 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 (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 ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me by ___________________________________, on this ____________________ day of ______________, 20___. Witness my hand and official seal. My Commission Expires: ____________________ _________________________________________ Notary Public

The Second circumstance is if the agency determines the property valuation problem is uncomplicated and has an anticipated value of less than $10, In such a case the agency could waive the appraisal requirement and prepare a waiver valuation instead. When an appraisal is determined to be unnecessary, the Agency shall prepare a waiver valuation. The person performing the waiver valuation must have sufficient understanding of the local real estate market to be qualified to make the waiver valuation.

WAIVER VALUATION OF PROJECT Project Number Road Section County PARCEL NUMBER OWNER DATE PREPARED ValueDate PREPARED BY Appraiser

##PROJM_road## ##PROJM_section_## WYOMING DEPARTMENT OF TRANSPORTATION WAIVER VALUATION Name:Project: Address:Road: City and State: Section: Telephone: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 (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 = ##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:___________________________Date of Report: Appraiser ##CS_case_no## - ##CS_nme## Page 2

DONATIONS IN EXCHANGE FOR CONSTRUCTION FEATURES An acquiring agency may accept a property owner’s offer to donate a whole or part of a property in exchange for services for or facilities that will benefit that owner. For instance, an agency may require a narrow strip of land for a bike path project. The property owner and the agency may negotiate an agreement that would require the agency to provide an additional driveway, entrance, or other features in lieu of cash compensation. The agency should compare the donated property’s value and the cost of additional construction features to ensure that construction costs do not exceed the value of the donated real property.

Office (307) Toll Free Right-of-Way Program Right-of-Way Program 5300 Bishop Blvd., Cheyenne, WY