Eminent domain-wind energy facilities & collector systems-2.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0328

HOUSE BILL
NO.
HB0070

Eminent domain-wind energy facilities & collector systems-2.

Sponsored by:
Representative(s) Brown

A BILL

for

AN ACT relating to condemnation; limiting the exercise of the power of condemnation for commercial facilities generating electricity from wind and
for
associated collector systems; providing compensation standards for condemned property as specified; requiring proof of compliance; repealing an existing moratorium; and providing for an effective date.

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

Section 1.

W.S. 1
‑
26
‑
715 and 1
‑
26
‑
818 are created to read:

1
‑
26
‑
715.

Compensation for commercial facilities gener
ating electricity from wind and collector systems.

Compensation related to the condemnation of property for the construction of commercial facilities generating electricity from wind and
for
associated collector systems shall be made pursuant to W.S. 1
‑
26
‑
818.

1
‑
26
‑
818.

Right of eminent domain granted;
wind energy facilities and collector systems.

(a)

No person
shall
exercise the condemnation authority granted by
W.S. 1
‑
26
‑
815 for the
erection, placement or expansion of commercial facilities generating electricity from wind
,
nor
for
collector systems associated with commercial facilities generating electricity from wind
,

without complying with this section.

(b)

Before any person to whom subsection (a) of this section applies may exercise the power of eminent domain, the person shall:

(i)

Negotiate land use and compensation agreements:

(A)

Which will grant the person the right to occupy and use not less than eighty-five percent (85%) of the land upon which the commercial facilities generating electricity from wind and any associated collector system will be constructed; or

(B)

With not less than eighty-five percent (85%) of the owners of land upon which the commercial facilities generating electricity from wind and any associated collector system will be constructed.

(ii)

Allege in any complaint for condemnation and provide proof to a court of competent jurisdiction compliance with paragraph (i) of this subsection;

(iii)

Allege in any complaint for condemnation and provide proof to a court of competent jurisdiction the average terms and considerations, monetary and otherwise, granted to the owners of property with whom the person negotiated under paragraph (i) of this subsection; and

(iv)

Allege in any complaint for condemnation and provide proof to a court of competent jurisdiction that the commercial facilities generating electricity from wind and any associated collector system for which the condemnation action has been filed constitute an economically, legally and logistically viable project.

(c)

In any condemnation allowed under this section, the person whose land is condemned shall be compensated with consideration that is equal to the average consideration, monetary and otherwise, paid to the owners of land with whom the condemner negotiated under
paragraph
(a)(i) of this section.

(d)

This section shall not apply to
a public utility that has been granted a certificate of public convenience and
necessity pursuant to W.S. 37
‑
2
‑
205
.

(e)

As used in this
section
:

(i)

"Commercial facility generating electricity from wind" means a facility which meets the requirements of W.S. 35
‑
12
‑
102(a)(vii)(E) and (F);

(ii)

"
C
ollector systems associated with commercial facilities generating electricity from wind" means the conductor infrastructure, including conductors, towers, substations, switchgear and other components necessary to deliver power from any commercial facility generating electricity from wind up to but not including electric substations or interconnections facilities associated with existing or proposed transmission lines that serve load or that export energy from Wyoming.

Section 2.

W.S. 1
‑
26
‑
815 by creating a new subsection (e) is amended to read:

1
‑
26
‑
815.

Right of eminent domain granted; ways of necessity for authorized businesses; purposes; extent
.

(e)

No person qualified to
exercise the condemnation authority granted by this section, except a public utility that has been granted a certificate of public convenience and necessity pursuant to W.S. 37
‑
2
‑
205, shall exercise the authority for the erection, placement or expansion of
commercial facilities generating electricity from wind, nor for
collector systems associated with commercial facilities generating electricity from wind
other than as
provided
by W.S. 1
‑
26
‑
818.

Section 3
.

W.S. 1
‑
26
‑
815(d) is repealed.

Section 4.

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)

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HB0070