Eminent domain energy collector systems amendments.

25LSO-0102
2025
STATE OF WYOMING
25LSO-0102
Numbered
2.0

HOUSE BILL NO. HB0091

Eminent domain energy collector systems amendments.

Sponsored by: Joint Agriculture, State and Public Lands & Water Resources Interim Committee

A BILL

for

AN ACT relating to eminent domain; repealing the ability of entities who are not public utilities to use the right of condemnation for electric generation collector systems; providing requirements for existing easements; requiring condemnors to give notice to local governing bodies before commencement of a condemnation action; specifying requirements for condemnation actions; 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
condemnation
authority
granted under this section
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 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.

In addition:

(i)

A commercial facility generating electricity shall not use an existing easement agreement or order granting an easement to the condemnor to place additional energy collector systems associated with a commercial facility generating electricity without first complying with this section unless the existing easement:

(A)

Authorizes initial or additional energy collector systems;

(B)

Contemplates a method by which an easement can be enlarged or amended; or

(C)

Authorizes the parties to renegotiate the easement.

(ii)

Before a condemnation action is commenced under this section, the entity seeking to condemn property shall give notice to the board of county commissioners of the county and any local governing body of the city or town in which the condemnation is to take place;

(iii)

Any order granting an easement to a condemnor under this section shall include clauses relating to liability of the parties for potential damages arising from activities occurring on the condemned property and reclamation requirements pertaining to the condemnor's use of the property.

Section 2
.

This act applies to eminent domain actions initiated on or after July 1, 2025. This act shall not be construed to impair existing contracts.

Section 3.

This act is effective July 1, 2025
.

(END)

1
HB0091