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24LSO-0113
2024
STATE OF WYOMING
24LSO-0113
Numbered
2.0
SENATE FILE NO. SF0010
Eminent domain-energy collector systems.
Sponsored by: Joint Agriculture, State and Public Lands & Water Resources Interim Committee
A BILL
for
AN ACT relating to eminent domain; limiting the exercise of the power of condemnation for energy collector systems; providing compensation standards for condemned property as specified; requiring proof of compliance; providing definitions; making conforming amendments; repealing an existing provision; 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
‑
715 and 1
‑
26
‑
818 are created to read:
1
‑
26
‑
715.
Compensation for condemnation of property for energy collector systems.
Compensation related to the condemnation of property for the erection, placement or expansion of a collector system associated with a commercial facility generating electricity shall be made in accordance with W.S. 1
‑
26
‑
818.
1
‑
26
‑
818.
Right of eminent domain granted; energy collector systems.
(a)
No person, except those persons specified in subsection (f) of this section, shall exercise the authority granted by W.S. 1
‑
26
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815 to condemn property for the erection, placement or expansion of a collector system associated with a commercial facility generating electricity without complying with this section.
(b)
Before any person to whom subsection (a) of this section applies may exercise the power of eminent domain, the person shall:
(i)
Negotiate and have finalized land use and compensation agreements:
(A)
Which shall grant the person the right to occupy and use not less than eighty
‑
five percent (85%) of the land upon which the collector system will be constructed; or
(B)
With not less than eighty
‑
five percent (85%) of the owners of the land upon which the collector system will be constructed if there are more than two (2) landowners involved in the potential condemnation action.
(ii)
Allege in any complaint for condemnation and provide proof to a court of competent jurisdiction compliance with paragraph (i) of this subsection;
(iii)
Allege in any complaint for condemnation and provide proof to a court of competent jurisdiction all terms and consideration, monetary and otherwise, granted to the owners of property with whom the person negotiated under paragraph (i) of this subsection; and
(iv)
Allege in any complaint for condemnation and provide proof to a court of competent jurisdiction that the commercial facility generating electricity with which the collector system is associated constitutes an economically, legally and logistically viable project.
(c)
In any condemnation allowed under this section, the person whose land is condemned shall be compensated with consideration that is equivalent to the average consideration including terms and conditions given to the other owners of the land upon which the collector system will be constructed or, if the collector system will be constructed on the land of two (2) or less landowners, that is equivalent to the fair market value of the land that is to be condemned and that includes comparable terms including terms and conditions paid to the owners of land with whom the condemnor negotiated under paragraph (b)(i) of this section if applicable.
(d)
W.S. 1
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26
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701 through 1
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26
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715 shall apply to any condemnation under this section except to the extent the restrictions in this section are inconsistent with those statutes.
(e)
Unless specified in an existing easement or the infrastructure is already existing, a commercial facility generating electricity shall not use an existing easement to place additional collector systems associated with a commercial facility generating electricity without first complying with this section.
(f)
This section shall not apply to:
(i)
A public utility that has been granted a certificate of public convenience and necessity pursuant to W.S. 37
‑
2
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205; or
(ii)
Electric substations or interconnection facilities associated with existing or proposed transmission lines that serve load or that export energy from Wyoming.
(g)
As used in this section:
(i)
"Collector system associated with a commercial facility generating electricity" means the conductor infrastructure, including conductors, towers, substations, switchgear and other components necessary to deliver power from any commercial facility generating electricity 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;
(ii)
"Commercial facility generating electricity" means any plant, property or facility generating electricity from any source.
Section 2.
W.S. 1
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26
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502(a)(vi), 1
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26
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701(a) and (c), 1
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26
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815 by creating a new subsection (e) and 34
‑
27
‑
105 are amended to read:
1
‑
26
‑
502.
Definitions.
(a)
As used in this act:
(vi)
"This act" means W.S. 1
‑
26
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501 through
1
‑
26
‑
817
1
‑
26
‑
818
.
1
‑
26
‑
701.
Compensation standards.
(a)
An owner of property or an interest in property taken by eminent domain is entitled to compensation determined under the standards prescribed by W.S. 1
‑
26
‑
701 through
1
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26
‑
713
1
‑
26
‑
715
.
(c)
Except as specifically provided by W.S. 1
‑
26
‑
701 through
1
‑
26
‑
713
1
‑
26
‑
715
, compensation, damages, or other relief to which a person is otherwise entitled under this act or other law are not affected, but duplication of payment is not permitted.
1
‑
26
‑
815.
Right of eminent domain granted; ways of necessity for authorized businesses; purposes; extent.
(e)
No person qualified to exercise the condemnation authority granted by this section, except those persons specified in W.S. 1-26-818(f), shall exercise the authority for the erection, placement or expansion of a collector system associated with a commercial facility generating electricity except as provided by W.S. 1
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26
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818.
34
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27
‑
105.
Compensation for taking of wind energy rights.
Nothing in this act diminishes the right of the owner of the surface estate to receive compensation under W.S. 1
‑
26
‑
701 through
1
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26
‑
714
1
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26
‑
715
for the taking of wind energy rights incidental to the exercise of eminent domain.
Section 3.
W.S. 1
‑
26
‑
815(d) is repealed.
Section 4.
This act applies to eminent domain actions initiated on or after the effective date of this act.
Section 5
.
This act is effective July 1, 2024.
(END)
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SF0010