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SF0118 • 2013

Eminent domain-2.

AN ACT relating to eminent domain; specifying burden of proof in eminent domain proceedings; adding provision for litigation expenses; clarifying determination of fair market value; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Senator Driskill
Last action
2013-03-14
Official status
enrolled
Effective date
7/1/2013

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0118H2001

2nd reading • MILLER

Filed

Plain English: Filed 2nd reading by MILLER

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0118H2001.01

2nd reading • MILLER

Adopted, Corrected

Plain English: Adopted, Corrected 2nd reading by MILLER

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0118H2001.02

2nd reading • MILLER

Failed, Corrected

Plain English: Failed, Corrected 2nd reading by MILLER

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0118H2002

2nd reading • STUBSON

Failed

Plain English: Failed 2nd reading by STUBSON

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0118H2003

2nd reading • STUBSON

Failed

Plain English: Failed 2nd reading by STUBSON

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0118H3001

3rd reading • ZWONITZ,DN

Failed

Plain English: Failed 3rd reading by ZWONITZ,DN

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0118H3002

3rd reading • THRONE

Adopted

Plain English: Adopted 3rd reading by THRONE

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0118H3003

3rd reading • BURKHART

Failed

Plain English: Failed 3rd reading by BURKHART

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0118HW001

Committee of the Whole • STUBSON

Failed

Plain English: Failed Committee of the Whole by STUBSON

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0118HS001

Standing Committee • H05

Adopted

Plain English: Adopted Standing Committee by H05

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0118S2001

2nd reading • DRISKILL

Adopted

Plain English: Adopted 2nd reading by DRISKILL

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0118S3001

3rd reading • BEBOUT

Failed

Plain English: Failed 3rd reading by BEBOUT

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0118S3002

3rd reading • DRISKILL

Adopted

Plain English: Adopted 3rd reading by DRISKILL

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0118SS001

Standing Committee • BURNS

Adopted

Plain English: Adopted Standing Committee by BURNS

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2013-03-14 LSO

    Assigned Chapter Number

  2. 2013-03-13 Governor

    Governor Signed SEA No. 0081

  3. 2013-02-27 House

    H Speaker Signed SEA No. 0081

  4. 2013-02-27 Senate

    S President Signed SEA No. 0081

  5. 2013-02-27 LSO

    Assigned Number SEA0081

  6. 2013-02-27 Senate

    S Did Concur

  7. 2013-02-27 Senate

    S Reconsidered Non-concurrence

  8. 2013-02-26 Senate

    S Appointed JCC01 Members

  9. 2013-02-26 Senate

    S Did Not Concur

  10. 2013-02-26 Senate

    S Received for Concurrence

  11. 2013-02-26 House

    H Passed 3rd Reading

  12. 2013-02-26 House

    Amendment Failed

  13. 2013-02-26 House

    Amendment Adopted

  14. 2013-02-26 House

    Amendment Failed

  15. 2013-02-25 House

    H Passed 2nd Reading

  16. 2013-02-25 House

    Amendment Failed

  17. 2013-02-25 House

    Amendment Failed

  18. 2013-02-25 House

    Amendment Failed

  19. 2013-02-25 House

    Amendment Adopted

  20. 2013-02-22 House

    H Passed CoW

  21. 2013-02-22 House

    Amendment Failed

  22. 2013-02-22 House

    H Amendments Adopted

  23. 2013-02-22 House

    Amendment Adopted

  24. 2013-02-20 House

    H Placed on General File

  25. 2013-02-20 House

    H05 Recommended Amend and Do Pass

  26. 2013-02-12 House

    H Introduced and Referred to H05

  27. 2013-02-04 House

    H Received for Introduction

  28. 2013-02-01 Senate

    S Passed 3rd Reading

  29. 2013-02-01 Senate

    Amendment Adopted

  30. 2013-02-01 Senate

    Amendment Failed

  31. 2013-01-31 Senate

    S Passed 2nd Reading

  32. 2013-01-31 Senate

    Amendment Adopted

  33. 2013-01-30 Senate

    S Passed CoW

  34. 2013-01-30 Senate

    S Amendments Adopted

  35. 2013-01-30 Senate

    Amendment Adopted

  36. 2013-01-29 Senate

    S Placed on General File

  37. 2013-01-29 Senate

    S06 Recommended Amend and Do Pass

  38. 2013-01-24 Senate

    S Rereferred to S06

  39. 2013-01-16 Senate

    S Introduced and Referred to S01

  40. 2013-01-16 Senate

    S Received for Introduction

  41. 2013-01-14 LSO

    Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
SF0118
Drafter:

DKG

LSO No.:
13LSO-0229
Effective Date:

7/1/2013

Enrolled Act No.:
SEA0081

Chapter No.:
CH0201

Prime Sponsor:
Senator Driskill

Catch Title:
Eminent domain-2.

Subject:
Modifying
provisions relating to eminent domain proceedings.

Summary/Major
Elements:

This act specifies that a condemnor has the burden of
proving statutorily prescribed criteria in a condemnation action and that
failure to do so shall result in dismissal of the action without prejudice.

If a court or jury finds that the fair market value of
the property being condemned is more than 115% of the final offer of the
condemnor, the condemnor shall reimburse the condemnee for reasonable
litigation expenses incurred after the receipt of the final offer.

A public entity condemning property is to report to the
Attorney General regarding attorneys fees and expenses required to be paid by
the entity in condemnation actions. The Attorney General is to report this
information annually to the Governor commencing July 31, 2014.

Modifies a provision regarding determination of fair
market value to specify that the determination may include values paid by both
public and private entities.

Comments:

Report Required
public entities must report to the Attorney General and the Attorney General
must report to the Governor as noted above.

Current Bill Text

Read the full stored bill text 
WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0118

ENROLLED ACT NO. 81, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to eminent domain; specifying burden of proof
in eminent domain proceedings
; adding provision for litigation expenses; clarifying determination of fair market value;
requiring reporting;
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
new subsection
s
(j)
and (k) 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
without prejudice
.

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
(iii)

any requirements of W.S. 1
‑
26
‑
504(a)
.

(j
)

I
f a court or jury finds that the fair market value of the property sought by the condemnor is
more than
one hundred fifteen
percent (1
15
%)
of
the final offer required by subsection (e) of this section,
the
condemnor shall reimburse
the
condemnee for all reasonable litigation
expenses incurred afte
r
the condemnee's receipt
of the final offer.

(k)

Attorney's fees and other expenses awarded under this section from a public entity to a condemnee shall be reported by the
public entity
which
paid
the fees
,
to the Wyoming attorney general within sixty (60) days of the
award
. The Wyoming attorney general shall collect this data and report annually to the governor on the amount of all taxpayer funded fee awards, beginning July 31, 2014. The report shall identify the name of each party to whom an award was made, the name of each counsel of record representing each party
to
whom an award was made, the public agency which paid each award and the total amount of each award.

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, 201
3
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1