Eminent domain.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0295

HOUSE BILL
NO.
HB0115

Eminent domain.

Sponsored by:
Representative(s)
Nicholas, B.

A BILL

for

AN ACT relating to
eminent domain;
specifying burden of proof;

adding provision
for l
itigation expenses
;

clarifying determination of fair market value
;
and providing for an effective date.

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

Section 1.
W.S. 1
‑
26
‑
504 by creating a new subsection (d), 1
‑
26
‑
509
(g) and
by creating a new subsection (j) and 1
‑
26
‑
704(a)(iii)(C) are amended to read:

1
‑
26
‑
504.

Requirements to exercise eminent domain.

(d)

A condemnor shall prove each
requirement
of subsection (a) of this section by a
preponderance of the evidence.
Failure of the condemnor to prove any
requirement

of subsection (a) of this section shall result in dismissal of the condemnation action.

1
‑
26
‑
509.

Negotiations; scope of efforts to purchase.

(g)

The condemnor shall reimburse the condemnee for all reasonable litigation expenses if a court finds the condemnor failed to negotiate in good faith as required under subsections (b) through (e) of this section
,
or
to comply with W.S. 1
‑
26
‑
504(a)
(ii)

and

or
(iii)
,

or that the project fails to meet the requirements of W.S.
1
‑
26
‑
504(a)(i)
.

(j
)

I
f a court or jury finds that the fair market value of the property sought by the condemnor is greater than the final offer required by subsection (e) of this section,
the
condemnor shall reimburse
the
condemnee for all reasonable litigation expenses incurred afte
r
entry
of the final offer.

1
‑
26
‑
704.

Fair market value defined.

(a)

Except as provided in subsection (b) of this section:

(iii)

The determination of fair market value shall use generally accepted appraisal techniques and may include:

(C)

Values paid for transactions of comparable type, size and location by other
companies

public or private
entities

in arms length transactions for comparable transactions on the same or similar property.

Section 2.

This act is effective July 1, 2012.

(END)

1
HB0115