HB0123 • 2025

Adverse possession-property tax payment defense.

AN ACT relating to civil procedure; specifying that the time period for a cause of action for adverse possession does not run during periods when the property owner has paid all property taxes; specifying the process for the payment of legal fees in a claim for adverse possession; specifying applicability; and providing for an effective date.

Taxes

Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor: Representative Neiman
Last action: 2025-03-03
Official status: inactive
Effective date: 3/1/2025

Plain English Breakdown

The candidate explanation included terms like 'hereditaments' and specific dates that were either unclear from the official source material or not directly supported by it.

Adverse Possession-Property Tax Payment Defense Act

The bill changes the rules for adverse possession by stopping the time limit when property taxes are paid and setting a process for legal fees if someone loses an adverse possession case.

What This Bill Does

Changes the law to say that the time period for claiming adverse possession does not start while the owner pays all their property taxes, provided these payments match the recorded title of the property.
Adds rules about who has to pay legal costs if someone tries to claim ownership through adverse possession and loses.

Who It Names or Affects

People who own land in Wyoming
Anyone trying to claim ownership of property through adverse possession

Terms To Know

adverse possession: A legal process where someone can claim ownership of a piece of land if they have been using it without permission for a long time.

Limits and Unknowns

The bill does not specify what happens to cases before July 1, 2025.
It is unclear how this will affect specific property disputes in the future.

Amendments

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

HB0123H3001

3rd reading • Representative Nicholas

Failed

Plain English: The amendment removes a previous amendment to HB0123 that was made by the House standing committee.

Removes an existing amendment related to civil procedure from HB0123.

The exact details of what was in the removed amendment are not provided, so we cannot explain its specific content or effects.

HB0123H3002

3rd reading • Representative Nicholas

Withdrawn

Plain English: The amendment removes a specific line from the bill that relates to civil procedure.

Removes line 7 on page 1 of the bill, which is part of the section dealing with adverse possession and property tax payments.

It's unclear what content was in line 7 and how its removal will affect the rest of the bill.

HB0123HS001

Standing Committee • House Agriculture, State and Public Lands & Water

Adopted

Plain English: The amendment adds a provision that requires the losing party in an adverse possession case to pay legal fees if they continue the lawsuit after the defendant proves proper ownership.

Adds language specifying how legal fees are handled when someone claims adverse possession and loses the case.
Inserts text requiring plaintiffs to cover costs and attorney fees if they proceed with a claim for adverse possession after defendants prove their title.

The amendment does not specify what constitutes 'proper proof of title' or how much in legal fees must be paid by the losing party.

Bill History

2025-03-03 Senate
S:Died in Committee Returned Bill Pursuant to SR 5-4
2025-02-28 Senate
S No report prior to CoW Cutoff
2025-02-10 Senate
S Introduced and Referred to S03 - Revenue
2025-02-07 Senate
S Received for Introduction
2025-02-06 House
H 3rd Reading:Passed 40-21-1-0-0
2025-02-05 House
H 2nd Reading:Passed
2025-02-04 House
H COW:Passed
2025-01-30 House
H Placed on General File
2025-01-30 House
H05 - Agriculture:Recommend Amend and Do Pass 9-0-0-0-0
2025-01-24 House
H Introduced and Referred to H05 - Agriculture
2025-01-09 House
H Received for Introduction
2025-01-07 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

25LSO-0144
2025
STATE OF WYOMING
25LSO-0144
ENGROSSED
3.0

HOUSE BILL NO. HB0123

Adverse possession-property tax payment defense.

Sponsored by: Representative(s) Neiman, Allemand, Andrew, Banks, Bratten, Clouston, Haroldson, Heiner and Wharff and Senator(s) Biteman, Boner, Hutchings and Steinmetz

A BILL

for

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

Section 1.

W.S. 1
‑
3
‑
103 is amended to read:

1
‑
3
‑
103.

Recovery of real property; generally.

(a)

An action for the recovery of the title or possession of lands, tenements or hereditaments can only be brought within ten (10) years after the cause of such action accrues.

(b)

The time period of adverse possession necessary to establish a claim for adverse possession shall not run at any time that the person against whom the claim would be brought has paid all taxes and assessments against the lands, tenements or hereditaments that are

consistent with the recorded title and that would be the subject of the adverse possession claim.

(c)

If the defendant to a claim for adverse possession provides proof of proper title for lands, tenements or hereditaments and the plaintiff to the claim continues with the claim for adverse possession, the plaintiff shall pay all costs and attorney fees associated with the action if the plaintiff loses the claim.

Section

This act shall apply to any civil action for adverse possession accruing on and after July 1, 2025.

Section 3
.

This act is effective July 1, 2025
.

(END)

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HB0123