Easements for pipelines.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0382

SENATE FILE
NO.
SF0082

Easements
for pipelines
.

Sponsored by:
Senator(s) Cooper and Representative(s) Davison and Jaggi

A BILL

for

AN ACT relating to
easements; providing
for the award of attorneys fees and costs to landowners
who substantially prevail in an
action
to enforce
certain
easement
s for pipelines
;
and providing for an effective date.

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

Section 1.

W.S. 1
‑
2
6
‑
814 is amended to read:

1
‑
26
‑
814.

Right of eminent domain granted; petroleum or other pipeline companies; purposes.

(a)

Whenever any utility or any petroleum or other pipeline company, authorized to do business in this state, has not acquired by gift or purchase any land, real estate or claim required for the construction, maintenance and operation of their facilities and appurtenances or which may be affected by any operation connected with the construction or maintenance of the same, the utility or company has the right of eminent domain and may condemn the easement required by the utility or company.

(b)

Whenever any utility or company with authority to exercise eminent domain pursuant to subsection (a) of this section has been granted an easement over
property subject to condemnation
, a
landowner who substantially prevails in a ci
vil action for violation of
the
easement
by that utility or company
is entitled to
attorney fees and costs
, as well as all other damages available to him at law or in equity
. The provisions of this
sub
section apply to a violation of
the terms of
an easement by the
utility or company or by its
agent, designee or subcontractor.

As used in this
subsection
"substantially prevails" means the landowner:

(i)

Has substantially prevailed with respect to the action in controversy; or

(ii
)

Has substantially prevailed with respect to the most significant issue or sets of issues presented.

Section 2.

This act is effective July 1, 2011.

(END)

1
SF0082