EMINENT DOMAIN - WYOMING

From: Ldgoodman
Sent: Wednesday, February 21, 2007 6:44 PM
Subject: Senate amended HB 124 today....PLEASE SEND AN EMAIL NOW!!!

On a 15-14 vote, the Senate accepted part of an amendment offered by Senators Scott (R-Casper), Geis (R-Worland) and Vasey (D-Rawlins) to limit the information available to property owners when negotiating compensation for condemned easements or rights-of-way. Consequently, the bill must now go to a conference committee with the House where things can get a little unpredictable -- and time is getting short. The bill must be passed by the Senate tomorrow, and then referred to and passed out of a Conference, and then passed again by both chambers -- all by next Friday, only six working days. We've got our work cut out for us!!

While the Senate later voted overwhelming (23-6) to retain the majority of the provision that will allow comparable sales to be used for the first time ever when determining value for condemnations of easements and rights-of-way, today's narrow amendment deleted language that would have allowed property owners to know and use in their own negotiations the amounts "paid by the condemnor for other portions of the proposed project of comparable, type, size and location." (i.e.: the amounts paid to neighbors or other folks along the same project.) While Sen. Scott argued that this amendment would reduce lawsuits, the net effect of this amendment is simply to reduce the amount of information available to the property owner, thereby keeping him a little more in the dark as he attempts to negotiate the compensation for the property right that was taken from him.

Tomorrow is the 3rd and final reading in the Senate. While property owners also want to avoid lawsuits (given they are more burdensome and expensive for us!), we do not want to do that by sacrificing our access to good, credible information that will help establish the value of our condemned property. Comparable sales information is statutorily available for ALL OTHER CONDEMNATIONS in Wyoming, and is only restricted for partial takings of easements and rights-of-way. This is a gross inequity in the current law that we hope the Senate will correct tomorrow before its final passage.

Please take a minute and write the Senators. Thoughtfully encourage them to:
1. Support any amendment that will improve and increase the amount of information provided to property owners to give them more equal footing during their negotiations with condemnors. Remember, these are not WILLING SELLERS, but rather folks who are forced to sell some or all of their property to another party. They deserve as much information as possible in order to negotiate as good of a financial deal as they can.
2. Oppose any amendment that will decrease the participation a property owner has during the condemnation process, be it during the planning of the project, or the development of the compensation for the project. The goal of this bill is to increase the power to the unwilling property owner, when he is forced to sell his property under the powers of condemnation.
3. Work diligently toward final passage during this session of a strong bill that will strengthen private property rights, while honoring the limited need for condemnation. Property owners should not have to endure delay for another year, but cannot afford to compromise their rights even further....