Eminent domain is the government’s power to take private land at fair market value for the public good. Wyoming’s broad eminent domain laws also grant the power of eminent domain for a variety of private purposes, including railroads, pipelines, haul roads, ditches, etc.

HB 26 repealed the power of eminent domain from railroads for rights-of-way in Wyoming. The bill was precipitated by a proposal from the DM&E Railroad to construct a new rail line to the coal mines in the Powder River Basin.

Proponents of the bill argued that there is already adequate rail access to the Powder River Basin. They identified numerous problems the DM&E line would create, including division of cultivated lands, construction in river valleys and across open spaces, and safety concerns such as fire hazards.

Opponents of the bill argued that if the railroads’ right of eminent domain was repealed, transportation of minerals could potentially be stopped by one person who objects to a rail line. They stressed that mineral production is vital to the state and the right to condemn private property is critical in maintaining a viable economy.

HB 26 was referred to the House Minerals, Business & Economic Development Committee, which then held the largest public hearing of the session with over 60 people present.

After considerable public comment, including testimony from citizens directly affected by the DM&E proposal, Rep. Mike Massie (D-H13, Laramie) offered an amendment to put a moratorium on the use of eminent domain until the Public Service Commission could make suggestions for changes in the law.

The House Minerals, Business & Economic Development Committee defeated that amendment on a voice vote, along with another to require railroads to follow existing corridors (existing railroads, highways, etc.) to minimize impact to undeveloped areas.

The Committee then killed HB 26 by a margin of 1-8.

The vote listed below is the House Minerals, Business & Economic Development Committee vote. (Note: This vote was recorded by witnesses at the meeting, and is not included in the official legislative digest.)