|
H.B. No. 0124 |
Eminent domain-2. |
Sponsored By: Joint Agriculture, State and Public Lands and Water Resources Interim Committee
AN ACT relating to eminent domain; establishing reclamation and restoration requirements; defining public purpose; requiring notice; requiring surveys to be provided to condemnee; providing measurements for good faith negotiations; providing for mediation or arbitration; providing for determinations for fair market value; providing a presumption; limiting condemnation authority in urban renewal; eliminating the maximum amount on relocation expenses; and providing for an effective date.
1/5/2007 Bill Number Assigned
1/9/2007 H Received for Introduction
1/9/2007 H Introduced and Referred to H05
1/19/2007 H05 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Blake, Brechtel, Diercks, Edmonds, Samuelson, Semlek, Teeters, Wallis and Zwonitzer, Dn.
Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0
1/19/2007 H Placed on General File
HB0124HS001/ADOPTED (CORRECTED COPY)
Page 1-line 2 Delete "use and".
Page 1-line 3 Delete "public necessity" insert "purpose".
Page 1-line 7 After "value;" insert "providing a presumption;".
Page 4-line 2 After "W.S." delete balance of line.
Page 4-line 3 Delete the line through "(vii),".
Page 4-line 4 After "creating" insert "a"; delete "subsections" insert "subsection"; delete "and (d)"; after "1-26-506(a)(i)" delete "," and insert "and".
Page 4-line 5 Delete ", by creating a new paragraph (iv)".
Page 4-line 7 Delete "(f)" insert "(g)".
Page 4-line 9 Delete "a".
Page 4-line 10 Delete "subsection (c)" insert "subsections (c) and (d)".
Page 4-lines 13 through 21 Delete entirely.
Page 5-lines 11 through 17 Delete entirely.
Page 6-line 14 Delete ";" insert ".".
Page 6-lines 16 through 18 Delete entirely.
Page 7-line 18 After "notice" insert "of the proposed project".
Page 7-line 19 Delete "of the proposed project".
Page 7-line 23 After "record" insert "as shown on the records in the county assessor's office".
Page 8-line 1 Delete "sixty (60) days" insert "ninety (90) days".
Page 8-line 9 Delete "sixty (60) days" insert "ninety (90) days".
Page 8-line 20 After "to the" insert "initial".
Page 8-line 21 Delete "initial".
Page 9-line 10 Delete "thirty (30)" insert "sixty (60)".
Page 9-line 11 After "date of" insert "receipt of"; after "offer" insert "sent via certified mail".
Page 10-After line 9 Insert:
"(f) The condemnor shall reimburse the condemnee for all reasonable litigation expenses if a court or jury finds the condemnor failed to negotiate in good faith as required under subsections (b) through (e) of this section.".
Page 10-line 11 Delete "(f)" insert "(g)".
Page 11-lines 11 through 15 Delete entirely.
Page 12-line 12 Delete "The determination of".
Page 12-line 13 Delete entirely.
Page 12-line 15 Delete "(A) The value" insert "be".
Page 12-line 16 Delete ";" insert ".".
Page 12-lines 18 through 24 Delete entirely.
Page 13-lines 2 through 10 Delete entirely.
Page 14-line 2 After "(c)" insert "As used in and"; delete "article" insert "section only".
Page 14-line 4 Delete "by the general public or".
Page 14-line 7 After "." insert "Provided, however, that nothing in this section shall restrict or impair the right or authority of the Wyoming pipeline authority or the Wyoming infrastructure authority to transfer property condemned by the authority to another public or private entity insofar as the transfer is consistent with the statutory purposes or duties of:
(i) The Wyoming pipeline authority acting pursuant to W.S. 37-5-102, as to pipelines as defined in W.S. 37-5-202(a)(iv); or
(ii) The Wyoming infrastructure authority acting pursuant to W.S. 37-5-303, as to facilities as defined in W.S. 37-5-302(a)(iii).
Page 14-After line 7 Insert:
"(d) If a public entity acquires property in fee simple title under this chapter but fails to make substantial use of the property for a period of ten (10) years, there is a presumption that the property is no longer needed for a public purpose and the previous owner or his successor may apply to the court to request that the property be returned to the previous owner or his successor upon repayment of the amount originally received for the property in the condemnation action. A public entity may rebut the presumption created under this subsection by showing good cause for the delay in using the property.".
Renumber as necessary. DIERCKS, ACTING CHAIRMAN
Page 14-line 7 After "entity" insert "except in the case of condemnation for the purpose of protecting the public health and safety, in which event the public entity may transfer the condemned property for value to a private individual or entity"; in the standing committee amendment (HB0124HS001/A) to this line delete "Provided, however, that". SAMUELSON
Page 2-line 6 Delete entirely and insert "condition they existed in prior to condemnation as can reasonably be accomplished".
Page 4-line 3 Delete "1-26-504".
Page 4-line 4 Delete the standing committee amendment (HB0124HS001/AC) to this line and further amend as follows: delete the line through "(d),"; after "1-26-506(a)(i)" delete "," insert "and".
Page 4-line 23 Delete entirely.
Page 5-lines 1 through 9 Delete entirely.
Page 8-line 1 After "property," insert "or at any earlier time that any federal or state agency requires notification to the affected property owners as a condition of any permit or right-of-way,".
Page 9-line 10 Delete the standing committee amendment (HB0124HS001/AC) to this line; delete "thirty (30)" insert "sixty-five (65)".
Page 9-line 11 Delete the standing committee amendment (HB0124HS001/AC) to this line; delete "of"; after "offer" insert "was sent via certified mail".
Page 10-After line 9 In the standing committee amendment (HB0124HS001/AC) to this line, delete "or jury". SAMUELSON
HB0124HW003/FAILED (CORRECTED COPY)
Page 4-line 3 Delete the Samuelson committee of the whole amendment (HB0124HW002/A) to this line.
Page 4-line 23 Delete the Samuelson committee of the whole amendment (HB0124HW002/A) to this line.
Page 4-line 4 Delete the standing committee amendment (HB0124HS001/AC) to this line.
Page 4-line 4 Delete the Samuelson committee of the whole amendment (HB0124HW002/A) to this line; After "1‑26‑506(a)(i)" delete "," insert "and".
Page 5-lines 1 through 9 Delete the Samuelson committee of the whole amendment (HB0124HW002/A) to these lines.
Page 5-After line 9 Insert:
"(d) Private lands shall not be condemned if comparable federal or state lands are available, unless otherwise agreed to by the condemnor and the condemnee in an arms length transaction.".
Renumber as necessary. WALLIS
Page 3-line 20 After "use" delete "." insert ";".
Page 3-after line 20 Insert:
"(v) Restoration and reclamation immediately upon completion of project construction, unless otherwise agreed to by the condemnor and the condemnee.".
Renumber as necessary. WALLIS
Page 4-line 3 Delete the Samuelson committee of the whole amendment (HB0124HW002/A) to this line.
Page 4-line 23 Delete the Samuelson committee of the whole amendment (HB0124HW002/A) to this line.
Page 5-lines 1 through 9 Delete the Samuelson committee of the whole amendment (HB0124HW002/A) to these lines and further amend as follows:
Page 5-line 1 Delete "private".
Page 5-line 4 After "record" insert ": (i)".
Page 5-line 6 After "permits" delete "," insert "or"; after "rights-of-ways" delete "," insert ";".
Page 5-line 7 Delete "or Absent" insert "(ii) At the time any"; after "project" delete "," insert "is requested; or".
Page 5-line 8 Before "at the earliest" insert "(iii)"; after "possible" delete balance of line.
Page 5-line 9 Delete line entirely and insert "to provide meaningful participation by the property owner in the project planning and development.". SEMLEK, BROWN, SHEPPERSON
Page 4-line 4 Delete the Samuelson committee of the whole amendment (HB0124HW002/A) to this line.
In the standing committee amendment (HB0124HS001/AC) to this line, after "1‑26‑506(a)(i)" delete "and" insert ",".
Page 4-line 5 Delete the standing committee amendment (HB0124HS001/AC) to this line.
Page 6-line 14 Delete the standing committee amendment (HB0124HS001/AC) to this line.
Page 6-lines 16 through 18 Delete the standing committee amendment (HB0124HS001/AC) to these lines. SEMLEK, BROWN, SHEPPERSON
Page 12-lines 12 through 24 Delete the standing committee amendment (HB0124HS001/AC) to these lines.
Page 13-lines 2 through 10 Delete the standing committee amendment (HB0124HS001/AC) to these lines. BROWN, SEMLEK, SHEPPERSON
Page 6-line 9 After "has" delete balance of line.
Page 6-line 10 Delete "to grant" insert "granted"; after "authorization" insert "to proceed". SHEPPERSON
Page 6-line 20 After "(d)" delete balance of line.
Page 6-line 21 Delete the line through "law,".
Page 7-line 2 Delete "upon request" insert "within three (3) days of the information being given to the condemnor.". SHEPPERSON
HB0124HW011/ADOPTED (CORRECTED COPY)
Page 7-line 15 Delete "Proof of"; delete "require" insert "include, but not be limited to, written notice of the following:".
Page 7-line 16 Delete entirely.
Page 7-line 18 After "(i)" delete balance of line and insert "To the extent reasonably known at the time, the proposed project, the land proposed to be condemned, plan of work, operations and facilities in a manner sufficient to enable the condemnee to evaluate the effect of the proposed project, plan of work, operations and facilities on the condemnee's use of the land;".
Page 7-lines 19 and 20 Delete entirely.
Page 7-line 22 After "(ii)" delete balance of line and insert "The name, address, telephone number and, if available, facsimile number and electronic mail address of the condemnor and his designee, if any;"
Page 7-line 23 and 24 Delete entirely.
Page 8-lines 1 through 10 Delete entirely, including the Samuelson committee of the whole amendment (HB0124HW002/A) to these lines and insert:
"(iii) An initial written settlement offer that shall include:".
Page 9-After line 22 Insert:
"(d) The written notice required under subsection (c) of this section shall be given to the condemnee of record as shown on the records in the county assessor's office at the time, no less than ninety (90) days prior to commencement of a condemnation action.".
Page 10-line 1 Delete "(ii) Sending" insert "(e) The condemnee shall send".
Page 10-line 5 Delete "(e)" insert "(f)".
Page 10-line 8 Delete "(d)(i)(E)" insert "(c)(iii)(E)". SIMPSON, LUBNAU
1/24/2007 H Passed CoW
HB0124H2001/ADOPTED (CORRECTED COPY)
Page 7-lines 18 through 24 Delete the standing committee amendment (HB0124HS001/AC) to these lines.
Page 8-lines 1 through 10 Delete the standing committee amendment (HB0124HS001/AC) to these lines.
Page 10-line 1 In the Simpson committee of the whole amendment (HB0124HW011/AC) to this line, delete "condemnee" insert "condemnor". SIMPSON
Page 12-lines 12 through 24 Delete the standing committee amendment (HB0124HS001/AC) to these lines.
Page 13-lines 2 through 10 Delete the standing committee amendment (HB0124HS001/AC) to these lines. BROWN
1/25/2007 H Passed 2nd Reading
Page 4-line 3 Delete the Samuelson committee of the whole amendment (HB0124HW002/A) to this line.
Page 4-line 4 Delete the Samuelson committee of the whole amendment (HB0124HW002/A) to this line; after "(a)(i)" delete "," insert "and".
Page 4-line 23 Delete the Samuelson committee of the whole amendment (HB0124HW002/A) to this line.
Page 4-After line 23 Insert:
"(c) When a public entity determines that there is a reasonable probability of locating a particular public project on specifically identifiable private property and that the project is expected to be completed within two (2) years of that determination, the public entity shall provide written notice of the intention to consider the location and construction of the project to the owner as shown on the records of the county assessor. The notice shall include a description of the public interest and necessity of the proposed project. The public entity shall provide an opportunity for the private property owners to consult and confer with representatives of the public entity regarding the project.".
Renumber as necessary. SAMUELSON, ALDEN
Page 3-line 20 After "use" delete "." insert ";".
Page 3-After line 20 Insert:
"(v) Restoration and reclamation shall begin as soon as reasonably possible after completion of project construction, unless otherwise agreed to by the condemnor and the condemnee.".
Renumber as necessary. WALLIS, SAMUELSON, SEMLEK
Page 7-line 12 After "extent" insert ", term". SEMLEK, SAMUELSON
Page 2-line 5 Delete "to the" insert ". The reclamation and restoration shall return the property and improvements to the condition existing prior to the condemnation to the extent that reasonably can be accomplished."
Page 2-line 6 Delete entirely including the Samuelson committee of the whole amendment (HB0124HW002/A) to this line. PHILP
Page 9-line 10 Delete "at least" insert "up to".
Page 9-line 11 After "respond" insert "or make a counter-offer".
Page 9-line 14 After "A" insert "written".
Page 9-line 15 After "offer" insert "but if the condemnee fails to respond to the initial written offer the right to object to the good faith of the condemnor may be waived under W.S. 1-26-510(a)".
Page 9-After line 22 Before the Simpson et al, committee of the whole amendment (HB0124HW011/AC) to this line, insert:
"(iv) A written response from the condemnor to any counter-offer made in writing by the condemnee to the initial written offer pursuant to subparagraph (iii)(E) of this subsection.".
Page 10-After line 9 In the standing committee amendment (HB0124HS001/AC) to this line, after "section" insert "or to comply with W.S. 1-26-504(a)(ii) and (iii)".
Page 11-line 2 Delete "an offer by".
Page 11-line 4 After"(E)" insert "and the condemnor has met the requirements of W.S. 1-26-509(c)".
Page 11-line 8 Delete "(d)" insert "(e)". SIMPSON
Page 4-line 9 Before ", 1-26-706(a)(iii)" insert "and by creating a new subsection (d)".
Page 13-After line 10 Insert:
"(d) In determining fair market value under this section, no terms or conditions of an agreement containing a confidentiality provision shall be required to be disclosed unless the release of such information is compelled by lawful discovery, upon a finding that the information sought is relevant to a claim or defense of any party in the eminent domain action. The court shall ensure that any such information required to be disclosed remains confidential. The provision of this subsection shall not apply if the information is contained in a document recorded in the county clerk's office or has otherwise been made public.". BROWN, LUBNAU, SIMPSON
Page 13-lines 7 through 10 Delete entirely, including all previous amendments to these lines. ZWONITZER, DN., COHEE, QUARBERG
Page 4-line 3 Delete the Samuelson committee of the whole amendment (HB0124HW002/A) to this line.
Page 4-line 23 Delete the Samuelson committee of the whole amendment (HB0124HW002/A) to this line.
Page 4-after line 23 Insert:
"(a) Except as otherwise provided by law, the power of eminent domain may be exercised to acquire property for a proposed use only if all of the following are established:
(ii) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. If private land is sought to be condemned, all due diligence required for permitting the project on the nearest federal lands shall be performed on the private lands unless waived by agreement between the condemnor and condemnee; and". WALLIS, SEMLEK, MILLER, HALLINAN
Page 12-line 15 Delete "a certified" insert "an".
Page 12-line 16 After "property" insert "performed by a certified appraiser". SAMUELSON
1/26/2007 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brechtel, Buchanan, Childers, Cohee, Craft, Davison, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Gingery, Goggles, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Teeters, Thompson, Throne, Walsh, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Brown, Hallinan, Philp and Wallis.
Ayes 56 Nays 4 Excused 0 Absent 0 Conflicts 0
1/31/2007 S Received for Introduction
2/6/2007 S Introduced and Referred to S01
2/12/2007 S01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Burns, Decaria, Perkins, Ross and Sessions
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
2/12/2007 S Placed on General File
HB0124SS001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 3 After "notice;" delete balance of line.
Page 1-line 4 Delete "condemnation;".
Page 2-line 22 Delete "forbes" insert "forbs".
Page 11-line 9 Delete "1‑26‑509(d)(i)(E)" insert "1‑26‑509(c)(iii)(E)".
Page 14-line 20 Delete "Provided,"; delete "that". ROSS, CHAIRMAN
HB0124SW001/FAILED (TO ENGROSSED COPY)
Page 1-line 7 Delete.
Page 4-line 14 Delete.
Page 4-line 15 Delete through "subsection (d),".
Page 12-lines 7 through 24 Delete.
Page 13-lines 2 through 18 Delete. JENNINGS, GEIS, SCOTT, TOWNSEND
2/20/2007 S Passed CoW
HB0124S2001/ADOPTED (TO ENGROSSED COPY)
Page 12-line 15 After "determined" delete "by" insert "using generally accepted"; after "appraisal" insert "techniques". NICHOLAS
HB0124S2002.01/ADOPTED (TO ENGROSSED COPY)
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Coe, Cooper, Geis, Hastert, Jennings, Johnson, Larson, Perkins, Peterson, Scott, Vasey and Von Flatern
Nays: Senator(s) Burns, Case, Decaria, Fecht, Hines, Job, Massie, Meier, Mockler, Nicholas, Ross, Schiffer, Sessions and Townsend
Excused: Senator(s) Peck
Ayes 15 Nays 14 Excused 1 Absent 0 Conflicts 0
Page 12-lines 22 through 24 Delete and renumber.
Page 13-line 2 Delete "(D)" insert "(C)". SCOTT, GEIS, VASEY
HB0124S2002.02/FAILED (TO ENGROSSED COPY)
(DIVIDED AMENDMENT)
Page 12-line 20 After "property" insert "where there was a willing buyer and a willing seller and the buyer did not have the power of eminent domain for the purpose for which the easement or lease was acquired".
Page 13-line 4 After "length" insert ", willing buyer, willing seller". SCOTT, GEIS, VASEY
Ayes: Senator(s) Aullman, Cooper, Geis, Jennings, Scott and Vasey
Nays: Senator(s) Anderson, J., Barrasso, Burns, Case, Coe, Decaria, Fecht, Hastert, Hines, Job, Johnson, Larson, Massie, Meier, Mockler, Nicholas, Perkins, Peterson, Ross, Schiffer, Sessions, Townsend and Von Flatern
Excused: Senator(s) Peck
Ayes 6 Nays 23 Excused 1 Absent 0 Conflicts 0
2/21/2007 S Passed 2nd Reading
HB0124S3001/ADOPTED (TO ENGROSSED COPY)
Page 12-line 20 After "same" insert "or similar".
Page 13-line 5 After "same" insert "or similar". NICHOLAS, ROSS, SCHIFFER, PERKINS, DECARIA
HB0124S3002/ADOPTED (TO ENGROSSED COPY)
Delete the Nicholas Second Reading Amendment (HB0124S2001/AE) entirely and further amend as follows:
Page 12-line 12 After "value" insert "shall use generally accepted appraisal techniques and". VASEY
HB0124S3003/FAILED (TO ENGROSSED COPY)
Page 7-line 5 Delete "written notice of"; after "following" insert "which shall be in writing".
Page 7-line 7 After "time," insert "a description of".
Page 7-line 8 After "condemned," insert "any proposed".
Page 7-line 9 Before "operations" insert "and any proposed".
Page 7-line 10 After "evaluate" delete "the" insert "their".
Page 7-line 11 Delete.
Page 7-line 12 Delete "facilities".
Page 7-line 16 Before "designee" insert "authorized".
Page 7-line 18 Delete "written".
Page 7-line 21 Delete "general location" insert "land proposed to be condemned in".
Page 7-line 22 Delete line through ", with".
Page 8-line 6 Delete "written".
Page 8-line 11 After "estimate" insert ", including an appraisal report and comparables used in making the estimate".
Page 8-line 13 Delete "discussion" insert "description".
Page 8-line 18 Delete "allowing" insert "stating"; after "condemnee" insert "may have".
Page 8-line 19 Delete "written".
Page 8-line 23 Delete "written".
Page 8-line 24 Delete "written".
Page 9-line 1 Delete "written".
Page 9-line 2 After "offer" insert ","; after "faith" insert "requirement".
Page 9-line 3 After "condemnor" delete "may be waived"; after "1‑26‑510(a)" insert "may be waived".
Page 9-line 5 After "purchase" insert "or use".
Page 9-line 12 Delete "written".
Page 9-line 13 Before "counter-offer" insert "written"; delete made in writing".
Page 9-line 14 Delete "written" insert "settlement".
Page 11-line 6 After "to the" insert "lack of".
Page 11-line 7 After "faith" delete "of" insert "by"; delete "has failed" insert "fails".
Page 11-line 12 After "Negotiations" strike balance of line and insert "that substantially comply".
Page 11-line 19 After "inability" insert "to".
Page 11-line 20 Before "comply" strike "to".
Page 12-line 2 After stricken "condemnor" insert "a compelling need to avoid delay caused by".
Page 12-line 3 After "safety" insert "." and strike balance of line.
Page 12-lines 4 and 5 Strike. PERKINS
HB0124S3004/ADOPTED (TO ENGROSSED COPY)
Page 3-line 1 Delete "nonnative". SCOTT
2/22/2007 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Case, Coe, Cooper, Decaria, Fecht, Hastert, Hines, Job, Johnson, Larson, Massie, Meier, Mockler, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend and Von Flatern
Nays: Senator(s) Burns, Geis, Jennings and Vasey
Excused: Senator(s) Peck
Ayes 25 Nays 4 Excused 1 Absent 0 Conflicts 0
2/22/2007 H Received for Concurrence
2/23/2007 H Did Concur
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brechtel, Brown, Buchanan, Childers, Cohee, Craft, Davison, Diercks, Dockstader, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Gingery, Goggles, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lockhart, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Teeters, Thompson, Throne, Wallis, Walsh, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Hallinan
Ayes 59 Nays 0 Excused 1 Absent 0 Conflicts 0
2/23/2007 Assigned Number HEA No. 0081
2/26/2007 H Speaker Signed HEA No. 0081
2/26/2007 S President Signed HEA No. 0081
2/28/2007 Governor Signed HEA No. 0081
3/6/2007 Assigned Chapter Number
Chapter No. 0139 Session Laws of Wyoming 2007.