AN ACT relating to eminent domain; reimposing a 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.
EnergyLand
Vetoed
The latest official action shows the governor vetoed this bill. Check the bill history to see whether lawmakers later overrode that veto.
Sponsor
Representative Slagle
Last action
2023-02-27
Official status
inactive
Effective date
3/1/2023
Plain English Breakdown
The candidate explanation included a claim that the moratorium does not apply to actions started in court before the bill became law, but this was not supported by the official source material provided.
Eminent Domain Moratorium for Wind Energy Systems
This bill reinstates a moratorium on using eminent domain to build wind energy systems until June 30, 2032, or when new rules are established.
What This Bill Does
Reinstates the prohibition on exercising eminent domain for building wind energy collector systems until June 30, 2032.
Allows the moratorium to end earlier if new legislation is passed that sets additional conditions for using eminent domain for wind energy projects.
Who It Names or Affects
People who want to build wind energy systems using eminent domain
Landowners whose property might be taken for wind energy projects
Terms To Know
Eminent Domain
The power of the government or a company to take private land and use it for public purposes.
Moratorium
A period when something is stopped or not allowed, like building new wind energy systems using eminent domain.
Limits and Unknowns
The bill was vetoed by the governor on February 21, 2023.
It's unclear if lawmakers will try to override the governor's veto.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: The amendment adds the phrase 'to state lands' after the word 'wind' in a specific line of the bill, which would restrict eminent domain for wind energy collector systems to only state-owned lands.
Adds language that limits the use of eminent domain power specifically to state-owned lands when it comes to wind energy collector systems.
The amendment's text is very brief and does not provide context about how this change would be implemented or enforced, leaving some aspects unclear.
Bill History
2023-02-21Wyoming Legislature
Veto Message Received
2023-02-21Governor
Governor Vetoed HEA No. 0033
2023-02-17Senate
S President Signed HEA No. 0033
2023-02-16House
H Speaker Signed HEA No. 0033
2023-02-16LSO
Assigned Number HEA No. 0033
2023-02-16Senate
S 3rd Reading:Passed 18-12-1-0-0
2023-02-15Senate
S 2nd Reading:Passed
2023-02-14Senate
S COW:Passed
2023-02-14Senate
S Placed on General File
2023-02-14Senate
S07 - Corporations:Recommend Do Pass 3-2-0-0-0
2023-01-31Senate
S Introduced and Referred to S07 - Corporations
2023-01-30Senate
S Received for Introduction
2023-01-27House
H 3rd Reading:Passed 41-20-1-0-0
2023-01-26House
H 2nd Reading:Passed
2023-01-25House
H COW:Passed
2023-01-24House
H Placed on General File
2023-01-24House
H05 - Agriculture:Recommend Do Pass 7-2-0-0-0
2023-01-16House
H Introduced and Referred to H05 - Agriculture
2023-01-11House
H Received for Introduction
2023-01-11LSO
Bill Number Assigned
Current Bill Text
Read the full stored bill text
23LSO-0497
ORIGINAL House
Bill No
.
HB0106
ENROLLED ACT NO. 33,
HOUSE OF REPRESENTATIVES
SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session
AN ACT relating to eminent domain; reimposing a 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
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26
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815(d) is amended to read:
1
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26
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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
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2
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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
June 30, 2032
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.
The moratorium imposed by this act shall not apply to prohibit an exercise of the condemnation authority granted under W.S. 1
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26
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815(d) if the action to condemn property was filed in court and the initial funds required by W.S. 1
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26
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513(a) were deposited before the effective date of this act.
Section 3
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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
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(END)
Speaker of the House
President of the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this act originated in the House.
Chief Clerk
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