Eminent domain-wind energy collector systems.

2018
STATE OF WYOMING
18LSO-0294
Numbered
1.2

SENATE FILE

NO.
SF0047

Eminent domain-wind energy collector systems.

Sponsored by:
Senator(s) Case and Representative(s) Greear, Lindholm and Steinmetz

A BILL

for

AN ACT relating to eminent domain; reimposing the moratorium on the exercise of the power of condemnation for wind energy collector systems for a period of time; specifying applicability; and providing for an effective date.

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

Section 1
.

W.S. 1
‑
26
‑
815(d) is amended to read:

1
‑
26
‑
815
.

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

(d)

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 collector systems associated with commercial facilities generating electricity from wind. The prohibition imposed by this subsection shall be effective immediately and shall end June 30,
2015
2023
,
or upon the effective date of legislation establishing additional conditions for the use of condemnation authority for the erection, placement or expansion of collector systems associated with commercial facilities generating electricity from wind, whichever occurs earlier. As used in this subsection, "collector 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
.

Th
e moratorium imposed by th
is act shall not apply to
prohibit the
exercise of condemnation authority granted under W.S.
1
‑
26
‑
815(d)
if an action to condemn the property was filed in court and the initial funds required by W.S. 1
‑
26
‑
513(a) were deposited
prior to the effective date of this act
.

Section
3
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
SF0047