HB 124: Eminent Domain – 2
2007 General Session

Sponsor: Joint Agriculture, Public Lands and Water Resources Interim Committee

HB 124 was the second attempt in two years to revise Wyoming’s laws governing the use of eminent domain to acquire private property in the state. Property may be condemned and taken by eminent domain for a variety of specific uses that are for the greater good of the citizenry (i.e., power line rights of way, transportation corridors, etc.), as well as for beneficial public use.

HB 124 somewhat strengthened protections for landowners in eminent domain cases. It allowed for better compensation for landowners and established reclamation and restoration requirements for all property acquired by eminent domain. It required specific written notice to property owners of intended condemnation actions before entry upon the land for any purpose could occur, and required good faith negotiations for reasonable compensation.

Condemnors must make an initial written offer to purchase the property before commencing a condemnation action, which must include an estimate of fair market value of the property.

Condemnees must make reasonable and diligent efforts to negotiate in good faith with the condemnor, including responding in a timely manner (within 65 days) to offers to purchase.

HB 124 limited condemnation authority of municipalities for urban renewal, and eliminated the maximum amount on relocation expenses for a displaced farm, organization or small business (previously capped at $10,000).

Landowners and other supporters of HB 124 argued that they don’t have enough protections and rights under the state’s current eminent domain laws, and that HB 124 would be a more balanced and fair approach.

Opponents maintained that current law has worked well, and they felt that changing it might hinder needed projects or make them more expensive.

The House passed HB 124, 56-4. The Senate passed the bill, 25-4 (1 excused). The votes listed below are the House and Senate third reading (final passage) votes. A YES vote means the legislator wanted to make change eminent domain laws to strengthen the rights of landowners and to limit condemnation authority of municipalities for urban renewal. A NO vote means the legislator did not want to make the changes contained in this bill.

LINK TO LSO HEA 0081 (engrossed version of HB 124)