Eminent domain.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0133

HOUSE BILL
NO.
HB0026

Eminent domain.

Sponsored by:
Joint Agriculture,
Public

Lands
and Water Resources Interim Committee

A BILL

for

AN ACT relating to eminent domain; defining public use;
providing conforming amendments;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 1
‑
26
‑
502(a) by creating a new paragraph (vi) and by renumbering (vi) as (vii)
,
1
‑
26
‑
504(a)
(intro)
,

15
‑
9
‑
114(a) and 24
‑
9
‑
101(a)(intro)
are amended to read:

1
‑
26
‑
502.

Definitions.

(a)

As used in this act:

(vi)

"Public use" means the possession, occupation and enjoyment of the land by the general public or by a public entity. Public use shall not include

the taking of private property by a governmental entity for the benefit of another private individual or private entity nor shall it include
lands acquired primarily for
:

(A)

Economic development;

(B)

Industrial development;

(C)

An increase to the tax base;

(D)

An increase to tax revenues;

(E)

An increase in employment;

(F)

An increase in general economic health.

(vi)
(vii)

"This act" means W.S. 1
‑
26
‑
501 through 1
‑
26
‑
817.

1
‑
26
‑
504.

Requirements to exercise eminent domain.

(a)

Except as otherwise provided by law, the power of eminent domain may be exercised to acquire property for a
proposed
public
use only if all of the following are established:

15
‑
9
‑
114.

Condemnation.

(a)

A municipality has the right to acquire by condemnation any interest in real property, including a fee simple title thereto, which it deems necessary for or in connection with an urban renewal project under this chapter. A municipality may exercise the power of eminent domain in the manner now provided or which may be hereafter provided by any other statutory provisions. Property already devoted to a public use may be acquired in like manner, provided that no real property belonging to the
United States
, the state or any political subdivision thereof, may be acquired without its consent.
Any property acquired under this section shall qualify for public use
as
defined pursuant to W.S. 1
‑
26
‑
502(a)(vi).

24
‑
9
‑
101.

Petition; initial hearing; appointment of viewers and appraisers; bond; rules.

(a)

Notwithstanding W.S. 1
‑
26
‑
502(a)(vi), a
ny person whose land has no outlet to, nor connection with a public road, may file an application in writing with the board of county commissioners in the county where his land is located for a private road leading from his land to some convenient public road. The application shall contain the following information:

Section 2.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

1
HB0026