Wyoming - Eminent Domain Legislation

From: Ldgoodman
Sent: Friday, January 26, 2007 8:02 PM

Subject: HOUSE PASSES STRONG PROTECTIONS FOR PROPERTY RIGHTS!!!

...The bill as passed today does the following:
1. Requires notice to property owner from a public condemnor at the time "there is a reasonable probability of locating a particular public project on private lands and that the project is expected to be completed within two years."
2. Requires notice to property owner from a private condemnor no less than ninety (90) days prior to commencement of a condemnation action, during which time good faith negotiations are to occur.
3. Strengthens good faith negotiations to require: an initial written offer from the condemnor; an opportunity for a counter offer from the property owner; a response from the condemnor to the property owner's counter-offer; and a procedure to attempt to provide for a true negotiation between the parties.
4. Improves compensation measures: Allows comparable sale amounts, among similar types of takings, to be utilized for the determination of the final compensation based on fair market value. A property owner's right to confidentiality of their negotiated agreements is preserved and protected, avoiding a situation where a landowner would be required to reveal his deal with the company to 3rd parties.
5. Requires a condemnor to reimburse a property owner's legal fees if the court determines condemnor failed to negotiate in good faith, or failed to meet the current statutory requirements for the powers of eminent domain that the project is "planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and the property sought to be acquired is necessary for the project."
6. Requires reclamation and restoration of damaged property to the condition that existed prior to the condemnation to the extent that can reasonably be accomplished.
7. Prohibits a public entity from condemning private property and then transferring it to another private entity in the name of providing a "public purpose", except for the purpose of protecting the public health and safety. (Exempts transfers by the Wyoming Pipeline Authority or the Wyoming Infrastructure Authority insofar as the transfer is consistent with their statutory purposes.)
8. Prohibits a municipality from delegating its powers of condemnation to an urban renewal agency.
9. Allows a condemned property owner to buy back the property condemned by a public entity if it was not put to use for 10 years.
10. Removes a cap on the amount of allowable relocation payments to ensure condemned home- and business-owners are fully reimbursed legitimate costs caused by the condemnation.