Eminent domain-amendments.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0464

HOUSE BILL
NO.
HB0211

Eminent domain-amendments.

Sponsored by:
Representative(s) Barlow, Brown, Hunt, Kroeker, Semlek and Wallis and Senator(s) Burns and Hines

A BILL

for

AN ACT relating to
eminent domain;
amending
consideration
to be given findings
of agencies regarding requirements for public necessity; providing for payment of litigation expenses; providing
factors to be considered
in 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
(a)(ii), (iii)
,
by creating a new paragraph (iv) and
(b), 1
‑
26
‑
702 by creating a new subsection (c) and 1
‑
26
‑
704(a)(iii) by creating
a
new subparagraph (D)
and (c)(intro)
are amended to read:

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 use only if all of the following are established:

(ii)

The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;
and

(iii)

The property sought to be acquired is necessary for the project
;
.

and

(iv)

The project is not planned or located to avoid locating the project on or across federal lands.

(b)

Findings of the public service commission
, the interstate commerce commission and other federal
and state agencies with appropriate jurisdiction
are prima facie valid

may be considered
relative to determinations under subsection (a) of this section if the findings were made in accordance with law with notice to condemnees who are parties to the condemnation action
.

and are final with no appeals from the determinations pending.

1
‑
26
‑
702.

Compensation for taking
; litigation expenses
.

(c)

In addition to the compensation paid for the property pursuant to this act, the condemnor shall pay to the condemnee fifty percent (50%) of the condemnee's litigation expenses. Provided, however, the condemnor shall pay one hundred percent (100%) of the condemnee's litigation expenses if immediate possession is requested, the action is discontinued or the
condemnor has failed to substantially comply with W.S. 1
‑
26
‑
504.

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:

(D)

The reasonable cost of functional replacement
.

(c)

The cost of functional replacement under
subparagraph (a)(iii)(D) and

subsection (b)

of this section includes:

Section 2.

This act is effective July 1, 2013.

(END)

1
HB0211