ORIGINAL SENATE
FILE NO. SF0181
ENROLLED ACT NO. 39, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
1
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 and notice of
condemnation as specified; providing requirements for
existing easements; 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 an energy collector
system associated with a commercial facility generating
electricity shall be made in accordance with W.S. 1-26-704
and 1-26-818.
1-26-818. Right of eminent domain; energy collector
systems; authorization; restrictions.
(a) Subject to this section, any person authorized to
do business in this state may appropriate by condemnation a
way of necessity over, across or on so much of the lands or
real property of others as necessary for the erection,
placement or expansion of an energy collector system
associated with a commercial facility generating
electricity. Except as provided in subsection (h) of this
section, each person, association, company or corporation ORIGINAL SENATE
FILE NO. SF0181
ENROLLED ACT NO. 39, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
2
shall comply with the requirements of this section before
appropriating by condemnation property as specified in this
subsection.
(b) Except as provided in subsection (h) of this
section, each person exercising the power of eminent domain
under this section shall:
(i) Negotiate and have finalized land use and
compensation agreements:
(A) That shall grant the person the right
to occupy and use not less than sixty‑six percent (66%) of
the land upon which the energy collector system will be
constructed; or
(B) With not less than sixty‑six percent
(66%) of the owners of the land upon which the energy
collector system will be constructed if not less than three
(3) landowners are involved in the potential condemnation
action.
(ii) Allege in any complaint for condemnation
and provide proof to a court of competent jurisdiction:
(A) Compliance with paragraph (i) of this
subsection;
(B) All terms and consideration, including
monetary compensation or compensation given to landowners
as described in subsections (b)(i)(A) and (B) of this
section, granted to the owners of property with whom the
person negotiated under paragraph (i) of this subsection.
The court shall ensure that, except for providing the
information to the opposing party, all terms and ORIGINAL SENATE
FILE NO. SF0181
ENROLLED ACT NO. 39, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
3
consideration alleged in the complaint under this
subparagraph remain confidential; and
(C) That the commercial facility generating
electricity with which the energy collector system
constitutes a public use.
(c) For purposes of calculating compensation under
this section, improvements to the property shall be
included in its fair market value.
(d) W.S. 1-26-701 through 1-26-715 shall apply to any
condemnation under this section except in no circumstances
shall the minimum compensation to be paid be less than the
average paid under W.S. 1-26-818(b)(i).
(e) 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:
(i) Authorizes initial or additional energy
collector systems;
(ii) Contemplates a method by which an easement
can be enlarged or amended; or
(iii) Authorizes the parties to renegotiate the
easement.
(f) Thirty (30) days before a condemnation action is
commenced under this section, the entity seeking to condemn
property shall give notice to the board of county ORIGINAL SENATE
FILE NO. SF0181
ENROLLED ACT NO. 39, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
4
commissioners of the county and any local governing body of
the city or town in which the condemnation is to take
place.
(g) 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.
(h) This section shall not apply to:
(i) A public utility that has been granted a
certificate of public convenience and necessity under W.S.
37-2-205;
(ii) Any energy collector system associated with
a commercial facility generating electricity that began
serving load or that began exporting energy from Wyoming
before July 1, 2025.
(j) As used in this section:
(i) "Energy 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 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; ORIGINAL SENATE
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ENROLLED ACT NO. 39, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
5(ii) "Commercial facility generating
electricity" means any commercial plant, property or
facility generating electricity from any source for the
purpose of selling electricity.
Section 2. W.S. 1-26-502(a)(vi), 1-26-701(a) and (c),
1-26-815 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. 1-26-501 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 1-26-713 1-26-715.
(c) Except as specifically provided by W.S. 1-26-701
through
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(h), shall exercise the authority ORIGINAL SENATE
FILE NO. SF0181
ENROLLED ACT NO. 39, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
6
for the erection, placement or expansion of an energy
collector system associated with a commercial facility
generating electricity except in accordance with W.S.
1-26-818.
34-27-105. Compensation for taking of wind or solar
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 for the taking of wind
or solar 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 condemnation actions
initiated on or after July 1, 2025. Nothing in this act is
construed to impair any existing contracts. Nothing in this
act shall be construed to prohibit projects regarding
commercial facilities generating electricity or energy
collector systems that have begun the local or state
permitting process before July 1, 2025. ORIGINAL SENATE
FILE NO. SF0181
ENROLLED ACT NO. 39, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
7Section 5. This act is effective July 1, 2025.
(END)
Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk