2025
STATE OF WYOMING
25LSO-0745
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1SF0181
SENATE FILE NO. SF0181
Eminent domain-energy collection systems-2.
Sponsored by: Senator(s) Crago and Steinmetz and
Representative(s) Banks, Davis, Eklund and
Winter
A BILL
for
1 AN ACT relating to eminent domain; limiting the exercise of
2 the power of condemnation for energy collector systems;
3 providing compensation standards for condemned property as
4 specified; requiring proof of compliance and notice of
5 condemnation as specified; providing requirements for
6 existing easements; providing definitions; making
7 conforming amendments; repealing an existing provision;
8 specifying applicability; and providing for an effective
9 date.
10
11
12
13. W.S. 1-26-715 and 1-26-818 are created to
14 read:
15 2025STATE OF WYOMING25LSO-0745
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2SF01811
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4 Compensation related to the condemnation of property for
5 the erection, placement or expansion of an energy collector
6 system associated with a commercial facility generating
7 electricity shall be made in accordance with W.S. 1-26-704
8 and 1-26-818.
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10
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12
13 (a) Subject to this section, any person authorized to
14 do business in this state may appropriate by condemnation a
15 way of necessity over, across or on so much of the lands or
16 real property of others as necessary for the erection,
17 placement or expansion of an energy collector system
18 associated with a commercial facility generating
19 electricity. Except as provided in subsection (h) of this
20 section, each person, association, company or corporation
21 shall comply with the requirements of this section before
22 appropriating by condemnation property as specified in this
23 subsection. 2025STATE OF WYOMING25LSO-0745
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1
2 (b) Except as provided in subsection (h) of this
3 section, each person exercising the power of eminent domain
4 under this section shall:
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6 (i) Negotiate and have finalized land use and
7 compensation agreements:
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9 (A) That shall grant the person the right
10 to occupy and use not less than sixty‑six percent (66%) of
11 the land upon which the energy collector system will be
12 constructed; or
13
14 (B) With not less than sixty‑six percent
15 (66%) of the owners of the land upon which the energy
16 collector system will be constructed if not less than three
17 (3) landowners are involved in the potential condemnation
18 action.
19
20 (ii) Allege in any complaint for condemnation
21 and provide proof to a court of competent jurisdiction:
22 2025STATE OF WYOMING25LSO-0745
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4SF01811 (A) Compliance with paragraph (i) of this
2 subsection;
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4 (B) All terms and consideration, including
5 monetary compensation or compensation given to landowners
6 as described in subsections (b)(i)(A) and (B) of this
7 section, granted to the owners of property with whom the
8 person negotiated under paragraph (i) of this subsection.
9 The court shall ensure that, except for providing the
10 information to the opposing party, all terms and
11 consideration alleged in the complaint under this
12 subparagraph remain confidential; and
13
14 (C) That the commercial facility generating
15 electricity with which the energy collector system
16 constitutes a public use.
17
18 (c) For purposes of calculating compensation under
19 this section, improvements to the property shall be
20 included in its fair market value.
21
22 (d) W.S. 1-26-701 through 1-26-715 shall apply to any
23 condemnation under this section except in no circumstances 2025STATE OF WYOMING25LSO-0745
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1 shall the minimum compensation to be paid be less than the
2 average paid under W.S. 1-26-818(b)(i).
3
4 (e) A commercial facility generating electricity
5 shall not use an existing easement agreement or order
6 granting an easement to the condemnor to place additional
7 energy collector systems associated with a commercial
8 facility generating electricity without first complying
9 with this section unless the existing easement:
10
11 (i) Authorizes initial or additional energy
12 collector systems;
13
14 (ii) Contemplates a method by which an easement
15 can be enlarged or amended; or
16
17 (iii) Authorizes the parties to renegotiate the
18 easement.
19
20 (f) Thirty (30) days before a condemnation action is
21 commenced under this section, the entity seeking to condemn
22 property shall give notice to the board of county
23 commissioners of the county and any local governing body of 2025STATE OF WYOMING25LSO-0745
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1 the city or town in which the condemnation is to take
2 place.
3
4 (g) Any order granting an easement to a condemnor
5 under this section shall include clauses relating to
6 liability of the parties for potential damages arising from
7 activities occurring on the condemned property and
8 reclamation requirements pertaining to the condemnor's use
9 of the property.
10
11 (h) This section shall not apply to:
12
13 (i) A public utility that has been granted a
14 certificate of public convenience and necessity under W.S.
15 37-2-205;
16
17 (ii) Any energy collector system associated with
18 a commercial facility generating electricity that began
19 serving load or that began exporting energy from Wyoming
20 before July 1, 2025.
21
22 (j) As used in this section:
23 2025STATE OF WYOMING25LSO-0745
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7SF01811 (i) "Energy collector system associated with a
2 commercial facility generating electricity" means the
3 conductor infrastructure, including conductors, towers,
4 substations, switchgear and other components necessary to
5 deliver power from any commercial facility generating
6 electricity up to, but not including, electric substations
7 or interconnections facilities associated with existing or
8 proposed transmission lines that serve load or that export
9 energy from Wyoming;
10
11 (ii) "Commercial facility generating
12 electricity" means any commercial plant, property or
13 facility generating electricity from any source for the
14 purpose of selling electricity.
15
16W.S. 1-26-502(a)(vi), 1-26-701(a) and (c),
17 1-26-815 by creating a new subsection (e) and 34-27-105 are
18 amended to read:
19
20
21
22 (a) As used in this act:
23 2025STATE OF WYOMING25LSO-0745
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8SF01811 (vi) "This act" means W.S. 1-26-501 through
21-26-818.
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4
5
6 (a) An owner of property or an interest in property
7 taken by eminent domain is entitled to compensation
8 determined under the standards prescribed by W.S. 1-26-701
9 through 1-26-713 1-26-715.
10
11 (c) Except as specifically provided by W.S. 1-26-701
12 through , compensation, damages, or other
13 relief to which a person is otherwise entitled under this
14 act or other law are not affected, but duplication of
15 payment is not permitted.
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8 Nothing in this act diminishes the right of the owner of
9 the surface estate to receive compensation under W.S.
10 1-26-701 through for the taking of wind
11 energy rights incidental to the exercise of
12 eminent domain.
13
14W.S. 1-26-815(d) is repealed.
15
16This act applies to condemnation actions
17 initiated on or after July 1, 2025. Nothing in this act is
18 construed to impair any existing contracts. Nothing in this
19 act shall be construed to prohibit projects regarding
20 commercial facilities generating electricity or energy
21 collector systems that have begun the local or state
22 permitting process before July 1, 2025.
23 2025STATE OF WYOMING25LSO-0745
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10SF01811. This act is effective July 1, 2025.
2
3 (END)