Bill No.: HB0124                  Drafter:  MRW

LSO No.:  07LSO-0437              Effective Date:  7/1/2007

Enrolled Act No.:  HEA0081

Chapter No.:       139

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

Catch Title:       Eminent domain-2.

Subject:  Eminent domain.

Summary/Major Elements:

· Establishes reclamation and restoration requirements by requiring the condemnor to be responsible for returning the property and improvements to the condition existing prior to the condemnation to the extent possible, including addressing grading, replacing topsoil, planting and establishment of appropriate ground cover and control of weeds.

• Defines public purpose.

• Requires notice by a public entity to a landowner if the public entity determines there is a reasonable probability of locating a particular public project on specifically identifiable private property and the project is expected to be completed within two (2) years of the determination.  The notice shall include a description of the public interest and shall provide an opportunity for the landowner to consult and confer with the public representatives regarding the project.

• Requires notice by condemnor to the landowner before entry of the particular activity to be undertaken, including identifying the proposed use and the potential recipient of the data, and the landowner has been given 15 days to grant written authorization.

• Allows for confidentiality of surveys and requires that surveys must be provided to landowner upon request.

• Provides measurements for good faith negotiations by requiring the condemnor to identify the proposed project, the land proposed to be condemned, plan or work operations and facilities in sufficient detail to enable the landowner to evaluate the effect of the proposed project on the landowner's use of the land, an initial offer and a written response from the landowner.

• Precludes the landowner from objecting to the good faith of the condemnor if the landowner has failed to respond to the initial written offer.

• Provides for reasonable litigation expenses if the condemnor fails to negotiate in good faith.

• Provides for mediation or arbitration upon a request by either party and upon mutual agreement of the parties.

• Provides for determinations for fair market value and may include the property appraisal, price paid for other comparable easements or leases of comparable type, size and location on the same or similar property, values paid for transactions of comparable type, size and location by other companies in arms length transactions for comparable transactions on the same or similar property.

• Provides for a confidentiality provision which may be reviewed by a court, but which would remain confidential.

• Limits condemnation authority in urban renewal and excepts transfers from the Wyoming Pipeline Authority and the Wyoming Infrastructure Authority.

• Requires that if the public entity does not use the property condemned for the intended use for 10 years, upon request of the previous landowner and repayment of compensation previously received, the property may be returned to the previous landowner. 

• Eliminates the maximum amount of the cap of $10,000.00 on relocation expenses.

Comments:

· Creates/amends major program?   Eminent domain.