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2006 Budget Session
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HB 26 would have clarified the purposes for which private property in Wyoming may be taken by eminent domain. 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 26 would have defined what is meant by public use that would justify an eminent domain taking. Specifically, public use would have excluded the taking of private property by a government entity for the benefit of another private individual or private entity. It would not have permitted taking of private property primarily for economic development, industrial development, to increase the tax base, to increase tax revenues, to increase employment, or to increase general economic health.
Supporters of HB 26 were alarmed by a recent decision by the United States Supreme Court that upheld, under the U.S. Constitution, the right of a city to condemn and take by eminent domain private property, so the property could then be made available to a private company for a large commercial development. Proponents of HB 26 noted that the only way to protect private property owners from such property seizure was to change Wyoming law to prohibit the use of eminent domain in Wyoming to benefit private entities or individuals, or under the justification of economic development.
Opponents of HB 26 feared it could mean lost opportunities for economic development in Wyoming communities.
HB 26 failed the vote for introduction in the House, 34-25 (1 excused). A bill that is not related to the budget must receive a two-thirds majority vote to be introduced in a budget session, which means a bill must receive 40 votes in the 60-member House, and HB 26 failed to achieve the necessary YES votes.
The votes listed below are the House votes for introduction. A YES vote means the representative wanted to consider limiting the purposes for which private property may be taken by eminent domain in Wyoming. A NO vote means the representative did not want to consider the bill.
| Bighorn Basin Legislators | House Intro 2/14/06 |
|
| S 18 | Hank Coe (R) | |
| H 24 | Colin Simpson (R) | Yes |
| H 50 | Pat Childers (R) | Yes |
| S 19 | Laness D. Northrup (R) | |
| H 25 | Alan Jones (R) | Yes |
| H 26 | Elaine Harvey (R) | No |
| S 20 | Gerald E. Geis (R) | |
| H 27 | Debbie Hammons (D) | No |
| H 28 | Lorraine Quarberg (R) | Yes |
| Casper-Area Legislators | House Intro 2/14/06 |
|
| S 27 | John Barrasso (R) | |
| H 35 | Roy Cohee (R) | No |
| H 36 | Gerald Gay (R) | No |
| S 28 | Kit Jennings (R) | |
| H 56 | Tom Walsh (R) | Yes |
| H 57 | Thomas A. Lockhart (R) | No |
| S 29 | Bill Hawks (R) | |
| H 37 | Steve Harshman (R) | Yes |
| H 59 | Mary Gilmore (D) | No |
| S 30 | Charles K. Scott (R) | |
| H 38 | Bob Brechtel (R) | Yes |
| H 58 | Ann Robinson (D) | No |
| Cheyenne-Area Legislators | House Intro 2/14/06 |
|
| S 4 | Tony Ross (R) | |
| H 7 | Doug Samuelson (R) | Yes |
| H 41 | Becket Hinckley (R) | Yes |
| S 5 | John Hanes (R) | |
| H 8 | Larry Meuli (R) | No |
| H 42 | Pete Illoway (R) | Yes |
| S 6 | Wayne H. Johnson (R) | |
| H 9 | Bryan Pedersen (R) | Yes |
| H 10 | Rodney "Pete" Anderson (R) | Yes |
| S 7 | Kathryn Sessions (D) | |
| H 11 | Wayne Reese (D) | No |
| H 43 | Dan Zwonitzer (R) | No |
| S 8 | E. Jayne Mockler (D) | |
| H 12 | Layton Morgan (D) | Yes |
| H 44 | Floyd Esquibel (D) | No |
| Gillette-Area Legislators | House Intro 2/14/06 |
|
| S 23 | John Hines (R) | |
| H 31 | Thomas E. Lubnau II (R) | Yes |
| H 52 | Burke Jackson (R) | Excused |
| S 24 | Michael Von Flatern (R) | |
| H 32 | Jeff Wasserburger (R) | Yes |
| H 53 | Erin Mercer (R) | Yes |
| Lander/Riverton-Area Legislators | House Intro 2/14/06 |
|
| S 25 | Cale Case (R) | |
| H 33 | W. Patrick Goggles (D) | No |
| H 54 | Del McOmie (R) | No |
| S 26 | Robert A. Peck (R) | |
| H 34 | Frank Philp (R) | Yes |
| H 55 | David Miller (R) | No |
| Northeast/East Central WY Legislators | House Intro 2/14/06 |
|
| S 1 | C.L. Townsend (R) | |
| H 1 | Mark Semlek (R) | Yes |
| H 2 | Ross Diercks (D) | Yes |
| S 2 | Jim Anderson (R) | |
| H 5 | James C. Hageman (R) | Yes |
| H 6 | Dave Edwards (R) | Yes |
| S 3 | Curt Meier (R) | |
| H 3 | Deborah Alden (R) | Yes |
| H 4 | Edward A. Buchanan (R) | Yes |
| Sheridan-Area Legislators | House Intro 2/14/06 |
|
| S 21 | Bruce Burns (R) | |
| H 29 | Jerry Iekel (R) | Yes |
| H 51 | Rosie Berger (R) | No |
| S 22 | John Schiffer (R) | |
| H 30 | Jack Landon (R) | No |
| H 40 | Doug Osborn (R) | Yes |
| South Central WY Legislators | House Intro 2/14/06 |
|
| S 9 | Mike Massie (D) | |
| H 13 | Jane Warren (D) | No |
| H 45 | Kevin A. White (R) | Yes |
| S 10 | Phil Nicholas (R) | |
| H 14 | Kermit C. Brown (R) | Yes |
| H 46 | James Slater (R) | No |
| S 11 | Bill Vasey (D) | |
| H 15 | George Bagby (D) | No |
| H 47 | Kurt Bucholz (R) | Yes |
| Southwest WY Legislators | House Intro 2/14/06 |
|
| S 12 | Rae Lynn Job (D) | |
| H 48 | Marty Martin (D) | No |
| H 16 | Pete Jorgensen (D) | No |
| S 13 | Tex Boggs (D) | |
| H 17 | Stephen Watt (R) | Yes |
| H 60 | Bill Thompson (D) | No |
| S 14 | Stan Cooper (R) | |
| H 18 | Mick Powers (R) | Yes |
| H 39 | John Hastert (D) | No |
| S 15 | Ken Decaria (D) | |
| H 19 | Owen Petersen (R) | No |
| H 49 | Bruce Barnard (R) | Yes |
| West Central WY Legislators | House Intro 2/14/06 |
|
| S 16 | Pat Aullman (R) | |
| H 20 | Kathy Davison (R) | Yes |
| H 21 | Randall Luthi (R) | Yes |
| S 17 | Grant Larson (R) | |
| H 22 | Monte Olsen (R) | Yes |
| H 23 | Keith Gingery (R) | No |
See Southwest Region for H 16 and S 12 | ||