Wyoming LAP Book - 2003 Legislation

SF 23: Regulatory Takings Act-amendments
2003 General Session Sponsor: Joint Agriculture, Public Lands and Water Resources Interim Committee

         SF 23 would have modified the Wyoming Regulatory Takings Act in two significant ways. First, it would have created a law office in the Governor's office to represent the interests of private property owners in "proceedings involving government action". And second, it would have required state agencies to compensate property owners for partial "taking" of private property.
         The Wyoming Regulatory Takings Act was passed in 1995. It required the state Attorney General to develop guidelines to help state agencies identify "actions that have constitutional implications that may result in a taking".
         The United States Constitution and the Wyoming Constitution both require that the government compensate private property owners when property is taken from the owner. Historically, the government has taken property from an owner by physical seizure, using its power of eminent domain. Under eminent domain, the government may buy private property at a fair price to use it for the common good of the people, such as building a highway.
         In recent years, some proponents of private property rights have advanced the argument that regulation of use also constitutes a taking of property. Regulation of land use occurs when the government determines that such regulation is in the best interest of the public at large. For example, certain uses of land might be prohibited to protect the safety and well-being of surrounding citizens. Such regulations may reduce the economic potential of the property.
         In several recent cases, the United States Supreme Court has required that the economic impact of land use restrictions must lead to almost total elimination of the property's value before a taking will be recognized and compensation to the owner required.
         Supporters of SF 23 argued that the bill would ensure that government agencies do not violate constitutional provisions on takings, and that it was needed to protect private property rights in Wyoming.
         Opponents argued that private property rights do not extend to a right to harm the public health or welfare, or to damage the interests of neighbors or the community as a whole, and that limitations on such uses should not be compensated. They believed that SF 23 would encourage superfluous litigation, would inhibit state and local efforts to protect public resources, and was an inappropriate use of the public's tax money. They argued that to require compensation for partial taking is not constitutional, as demonstrated by recent Supreme Court decisions.
         The Senate Agriculture Committee heard extensive testimony on this bill, much of it in opposition. The committee chair, Senator Gerald Geis (R-S20, Worland), cancelled further consideration of the bill, and it died without a committee vote. committee.