Wyoming 2025 Regular Session

Wyoming Senate Bill SF0181 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ORIGINAL SENATE
2		-	FILE NO. SF0181
3		-	ENROLLED ACT NO. 39, SENATE
4		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
5		-	2025 GENERAL SESSION
	1	+	2025
	2	+	STATE OF WYOMING
	3	+	25LSO-0745
	4	+	ENGROSSED
	5	+	1SF0181
	6	+	SENATE FILE NO. SF0181
	7	+	Eminent domain-energy collection systems-2.
	8	+	Sponsored by: Senator(s) Crago and Steinmetz and
	9	+	Representative(s) Banks, Davis, Eklund and
	10	+	Winter
	11	+	A BILL
	12	+	for
	13	+	1 AN ACT relating to eminent domain; limiting the exercise of
	14	+	2 the power of condemnation for energy collector systems;
	15	+	3 providing compensation standards for condemned property as
	16	+	4 specified; requiring proof of compliance and notice of
	17	+	5 condemnation as specified; providing requirements for
	18	+	6 existing easements; providing definitions; making
	19	+	7 conforming amendments; repealing an existing provision;
	20	+	8 specifying applicability; and providing for an effective
	21	+	9 date.
	22	+	10
	23	+	11
	24	+	12
	25	+	13. W.S. 1-26-715 and 1-26-818 are created to
	26	+	14 read:
	27	+	15 2025STATE OF WYOMING25LSO-0745
	28	+	ENGROSSED
	29	+	2SF01811
	30	+	2
	31	+	3
	32	+	4 Compensation related to the condemnation of property for
	33	+	5 the erection, placement or expansion of an energy collector
	34	+	6 system associated with a commercial facility generating
	35	+	7 electricity shall be made in accordance with W.S. 1-26-704
	36	+	8 and 1-26-818.
	37	+	9
	38	+	10
	39	+	11
	40	+	12
	41	+	13 (a) Subject to this section, any person authorized to
	42	+	14 do business in this state may appropriate by condemnation a
	43	+	15 way of necessity over, across or on so much of the lands or
	44	+	16 real property of others as necessary for the erection,
	45	+	17 placement or expansion of an energy collector system
	46	+	18 associated with a commercial facility generating
	47	+	19 electricity. Except as provided in subsection (h) of this
	48	+	20 section, each person, association, company or corporation
	49	+	21 shall comply with the requirements of this section before
	50	+	22 appropriating by condemnation property as specified in this
	51	+	23 subsection. 2025STATE OF WYOMING25LSO-0745
	52	+	ENGROSSED
	53	+	3SF0181
6	54		1
7		-	AN ACT relating to eminent domain; limiting the exercise of
8		-	the power of condemnation for energy collector systems;
9		-	providing compensation standards for condemned property as
10		-	specified; requiring proof of compliance and notice of
11		-	condemnation as specified; providing requirements for
12		-	existing easements; providing definitions; making
13		-	conforming amendments; repealing an existing provision;
14		-	specifying applicability; and providing for an effective
15		-	date.
16		-	Be It Enacted by the Legislature of the State of Wyoming:
17		-	Section 1. W.S. 1-26-715 and 1-26-818 are created to
18		-	read:
19		-	1-26-715. Compensation for condemnation of property
20		-	for energy collector systems.
21		-	Compensation related to the condemnation of property for
22		-	the erection, placement or expansion of an energy collector
23		-	system associated with a commercial facility generating
24		-	electricity shall be made in accordance with W.S. 1-26-704
25		-	and 1-26-818.
26		-	1-26-818. Right of eminent domain; energy collector
27		-	systems; authorization; restrictions.
28		-	(a) Subject to this section, any person authorized to
29		-	do business in this state may appropriate by condemnation a
30		-	way of necessity over, across or on so much of the lands or
31		-	real property of others as necessary for the erection,
32		-	placement or expansion of an energy collector system
33		-	associated with a commercial facility generating
34		-	electricity. Except as provided in subsection (h) of this
35		-	section, each person, association, company or corporation ORIGINAL SENATE
36		-	FILE NO. SF0181
37		-	ENROLLED ACT NO. 39, SENATE
38		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
39		-	2025 GENERAL SESSION
	55	+	2 (b) Except as provided in subsection (h) of this
	56	+	3 section, each person exercising the power of eminent domain
	57	+	4 under this section shall:
	58	+	5
	59	+	6 (i) Negotiate and have finalized land use and
	60	+	7 compensation agreements:
	61	+	8
	62	+	9 (A) That shall grant the person the right
	63	+	10 to occupy and use not less than sixty‑six percent (66%) of
	64	+	11 the land upon which the energy collector system will be
	65	+	12 constructed; or
	66	+	13
	67	+	14 (B) With not less than sixty‑six percent
	68	+	15 (66%) of the owners of the land upon which the energy
	69	+	16 collector system will be constructed if not less than three
	70	+	17 (3) landowners are involved in the potential condemnation
	71	+	18 action.
	72	+	19
	73	+	20 (ii) Allege in any complaint for condemnation
	74	+	21 and provide proof to a court of competent jurisdiction:
	75	+	22 2025STATE OF WYOMING25LSO-0745
	76	+	ENGROSSED
	77	+	4SF01811 (A) Compliance with paragraph (i) of this
	78	+	2 subsection;
	79	+	3
	80	+	4 (B) All terms and consideration, including
	81	+	5 monetary compensation or compensation given to landowners
	82	+	6 as described in subsections (b)(i)(A) and (B) of this
	83	+	7 section, granted to the owners of property with whom the
	84	+	8 person negotiated under paragraph (i) of this subsection.
	85	+	9 The court shall ensure that, except for providing the
	86	+	10 information to the opposing party, all terms and
	87	+	11 consideration alleged in the complaint under this
	88	+	12 subparagraph remain confidential; and
	89	+	13
	90	+	14 (C) That the commercial facility generating
	91	+	15 electricity with which the energy collector system
	92	+	16 constitutes a public use.
	93	+	17
	94	+	18 (c) For purposes of calculating compensation under
	95	+	19 this section, improvements to the property shall be
	96	+	20 included in its fair market value.
	97	+	21
	98	+	22 (d) W.S. 1-26-701 through 1-26-715 shall apply to any
	99	+	23 condemnation under this section except in no circumstances 2025STATE OF WYOMING25LSO-0745
	100	+	ENGROSSED
	101	+	5SF0181
	102	+	1 shall the minimum compensation to be paid be less than the
	103	+	2 average paid under W.S. 1-26-818(b)(i).
	104	+	3
	105	+	4 (e) A commercial facility generating electricity
	106	+	5 shall not use an existing easement agreement or order
	107	+	6 granting an easement to the condemnor to place additional
	108	+	7 energy collector systems associated with a commercial
	109	+	8 facility generating electricity without first complying
	110	+	9 with this section unless the existing easement:
	111	+	10
	112	+	11 (i) Authorizes initial or additional energy
	113	+	12 collector systems;
	114	+	13
	115	+	14 (ii) Contemplates a method by which an easement
	116	+	15 can be enlarged or amended; or
	117	+	16
	118	+	17 (iii) Authorizes the parties to renegotiate the
	119	+	18 easement.
	120	+	19
	121	+	20 (f) Thirty (30) days before a condemnation action is
	122	+	21 commenced under this section, the entity seeking to condemn
	123	+	22 property shall give notice to the board of county
	124	+	23 commissioners of the county and any local governing body of 2025STATE OF WYOMING25LSO-0745
	125	+	ENGROSSED
	126	+	6SF0181
	127	+	1 the city or town in which the condemnation is to take
	128	+	2 place.
	129	+	3
	130	+	4 (g) Any order granting an easement to a condemnor
	131	+	5 under this section shall include clauses relating to
	132	+	6 liability of the parties for potential damages arising from
	133	+	7 activities occurring on the condemned property and
	134	+	8 reclamation requirements pertaining to the condemnor's use
	135	+	9 of the property.
	136	+	10
	137	+	11 (h) This section shall not apply to:
	138	+	12
	139	+	13 (i) A public utility that has been granted a
	140	+	14 certificate of public convenience and necessity under W.S.
	141	+	15 37-2-205;
	142	+	16
	143	+	17 (ii) Any energy collector system associated with
	144	+	18 a commercial facility generating electricity that began
	145	+	19 serving load or that began exporting energy from Wyoming
	146	+	20 before July 1, 2025.
	147	+	21
	148	+	22 (j) As used in this section:
	149	+	23 2025STATE OF WYOMING25LSO-0745
	150	+	ENGROSSED
	151	+	7SF01811 (i) "Energy collector system associated with a
	152	+	2 commercial facility generating electricity" means the
	153	+	3 conductor infrastructure, including conductors, towers,
	154	+	4 substations, switchgear and other components necessary to
	155	+	5 deliver power from any commercial facility generating
	156	+	6 electricity up to, but not including, electric substations
	157	+	7 or interconnections facilities associated with existing or
	158	+	8 proposed transmission lines that serve load or that export
	159	+	9 energy from Wyoming;
	160	+	10
	161	+	11 (ii) "Commercial facility generating
	162	+	12 electricity" means any commercial plant, property or
	163	+	13 facility generating electricity from any source for the
	164	+	14 purpose of selling electricity.
	165	+	15
	166	+	16W.S. 1-26-502(a)(vi), 1-26-701(a) and (c),
	167	+	17 1-26-815 by creating a new subsection (e) and 34-27-105 are
	168	+	18 amended to read:
	169	+	19
	170	+	20
	171	+	21
	172	+	22 (a) As used in this act:
	173	+	23 2025STATE OF WYOMING25LSO-0745
	174	+	ENGROSSED
	175	+	8SF01811 (vi) "This act" means W.S. 1-26-501 through
	176	+	21-26-818.
	177	+	3
	178	+	4
	179	+	5
	180	+	6 (a) An owner of property or an interest in property
	181	+	7 taken by eminent domain is entitled to compensation
	182	+	8 determined under the standards prescribed by W.S. 1-26-701
	183	+	9 through 1-26-713 1-26-715.
	184	+	10
	185	+	11 (c) Except as specifically provided by W.S. 1-26-701
	186	+	12 through , compensation, damages, or other
	187	+	13 relief to which a person is otherwise entitled under this
	188	+	14 act or other law are not affected, but duplication of
	189	+	15 payment is not permitted.
	190	+	16
	191	+	17
	192	+	18
	193	+	19
	194	+	20
	195	+	21
	196	+	22
	197	+	23 2025STATE OF WYOMING25LSO-0745
	198	+	ENGROSSED
	199	+	9SF0181
	200	+	1
40	201		2
41		-	shall comply with the requirements of this section before
42		-	appropriating by condemnation property as specified in this
43		-	subsection.
44		-	(b) Except as provided in subsection (h) of this
45		-	section, each person exercising the power of eminent domain
46		-	under this section shall:
47		-	(i) Negotiate and have finalized land use and
48		-	compensation agreements:
49		-	(A) That shall grant the person the right
50		-	to occupy and use not less than sixty‑six percent (66%) of
51		-	the land upon which the energy collector system will be
52		-	constructed; or
53		-	(B) With not less than sixty‑six percent
54		-	(66%) of the owners of the land upon which the energy
55		-	collector system will be constructed if not less than three
56		-	(3) landowners are involved in the potential condemnation
57		-	action.
58		-	(ii) Allege in any complaint for condemnation
59		-	and provide proof to a court of competent jurisdiction:
60		-	(A) Compliance with paragraph (i) of this
61		-	subsection;
62		-	(B) All terms and consideration, including
63		-	monetary compensation or compensation given to landowners
64		-	as described in subsections (b)(i)(A) and (B) of this
65		-	section, granted to the owners of property with whom the
66		-	person negotiated under paragraph (i) of this subsection.
67		-	The court shall ensure that, except for providing the
68		-	information to the opposing party, all terms and ORIGINAL SENATE
69		-	FILE NO. SF0181
70		-	ENROLLED ACT NO. 39, SENATE
71		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
72		-	2025 GENERAL SESSION
73	202		3
74		-	consideration alleged in the complaint under this
75		-	subparagraph remain confidential; and
76		-	(C) That the commercial facility generating
77		-	electricity with which the energy collector system
78		-	constitutes a public use.
79		-	(c) For purposes of calculating compensation under
80		-	this section, improvements to the property shall be
81		-	included in its fair market value.
82		-	(d) W.S. 1-26-701 through 1-26-715 shall apply to any
83		-	condemnation under this section except in no circumstances
84		-	shall the minimum compensation to be paid be less than the
85		-	average paid under W.S. 1-26-818(b)(i).
86		-	(e) A commercial facility generating electricity
87		-	shall not use an existing easement agreement or order
88		-	granting an easement to the condemnor to place additional
89		-	energy collector systems associated with a commercial
90		-	facility generating electricity without first complying
91		-	with this section unless the existing easement:
92		-	(i) Authorizes initial or additional energy
93		-	collector systems;
94		-	(ii) Contemplates a method by which an easement
95		-	can be enlarged or amended; or
96		-	(iii) Authorizes the parties to renegotiate the
97		-	easement.
98		-	(f) Thirty (30) days before a condemnation action is
99		-	commenced under this section, the entity seeking to condemn
100		-	property shall give notice to the board of county ORIGINAL SENATE
101		-	FILE NO. SF0181
102		-	ENROLLED ACT NO. 39, SENATE
103		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
104		-	2025 GENERAL SESSION
105	203		4
106		-	commissioners of the county and any local governing body of
107		-	the city or town in which the condemnation is to take
108		-	place.
109		-	(g) Any order granting an easement to a condemnor
110		-	under this section shall include clauses relating to
111		-	liability of the parties for potential damages arising from
112		-	activities occurring on the condemned property and
113		-	reclamation requirements pertaining to the condemnor's use
114		-	of the property.
115		-	(h) This section shall not apply to:
116		-	(i) A public utility that has been granted a
117		-	certificate of public convenience and necessity under W.S.
118		-	37-2-205;
119		-	(ii) Any energy collector system associated with
120		-	a commercial facility generating electricity that began
121		-	serving load or that began exporting energy from Wyoming
122		-	before July 1, 2025.
123		-	(j) As used in this section:
124		-	(i) "Energy collector system associated with a
125		-	commercial facility generating electricity" means the
126		-	conductor infrastructure, including conductors, towers,
127		-	substations, switchgear and other components necessary to
128		-	deliver power from any commercial facility generating
129		-	electricity up to, but not including, electric substations
130		-	or interconnections facilities associated with existing or
131		-	proposed transmission lines that serve load or that export
132		-	energy from Wyoming; ORIGINAL SENATE
133		-	FILE NO. SF0181
134		-	ENROLLED ACT NO. 39, SENATE
135		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
136		-	2025 GENERAL SESSION
137		-	5(ii) "Commercial facility generating
138		-	electricity" means any commercial plant, property or
139		-	facility generating electricity from any source for the
140		-	purpose of selling electricity.
141		-	Section 2. W.S. 1-26-502(a)(vi), 1-26-701(a) and (c),
142		-	1-26-815 by creating a new subsection (e) and 34-27-105 are
143		-	amended to read:
144		-	1-26-502. Definitions.
145		-	(a) As used in this act:
146		-	(vi) "This act" means W.S. 1-26-501 through
147		-	1-26-817 1-26-818
148		-	1-26-701. Compensation standards.
149		-	(a) An owner of property or an interest in property
150		-	taken by eminent domain is entitled to compensation
151		-	determined under the standards prescribed by W.S. 1-26-701
152		-	through 1-26-713 1-26-715.
153		-	(c) Except as specifically provided by W.S. 1-26-701
154		-	through
155		-	relief to which a person is otherwise entitled under this
156		-	act or other law are not affected, but duplication of
157		-	payment is not permitted.
158		-	1-26-815. Right of eminent domain granted; ways of
159		-	necessity for authorized businesses; purposes; extent.
160		-	(e) No person qualified to exercise the condemnation
161		-	authority granted by this section, except those persons
162		-	specified in W.S. 1-26-818(h), shall exercise the authority ORIGINAL SENATE
163		-	FILE NO. SF0181
164		-	ENROLLED ACT NO. 39, SENATE
165		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
166		-	2025 GENERAL SESSION
	204	+	5
167	205		6
168		-	for the erection, placement or expansion of an energy
169		-	collector system associated with a commercial facility
170		-	generating electricity except in accordance with W.S.
171		-	1-26-818.
172		-	34-27-105. Compensation for taking of wind or solar
173		-	energy rights.
174		-	Nothing in this act diminishes the right of the owner of
175		-	the surface estate to receive compensation under W.S.
176		-	1-26-701 through for the taking of wind
177		-	or solar energy rights incidental to the exercise of
178		-	eminent domain.
179		-	Section 3. W.S. 1-26-815(d) is repealed.
180		-	Section 4. This act applies to condemnation actions
181		-	initiated on or after July 1, 2025. Nothing in this act is
182		-	construed to impair any existing contracts. Nothing in this
183		-	act shall be construed to prohibit projects regarding
184		-	commercial facilities generating electricity or energy
185		-	collector systems that have begun the local or state
186		-	permitting process before July 1, 2025. ORIGINAL SENATE
187		-	FILE NO. SF0181
188		-	ENROLLED ACT NO. 39, SENATE
189		-	SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
190		-	2025 GENERAL SESSION
191		-	7Section 5. This act is effective July 1, 2025.
192		-	(END)
193		-	Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
194		-	I hereby certify that this act originated in the Senate.
195		-	Chief Clerk
	206	+	7
	207	+	8 Nothing in this act diminishes the right of the owner of
	208	+	9 the surface estate to receive compensation under W.S.
	209	+	10 1-26-701 through for the taking of wind
	210	+	11 energy rights incidental to the exercise of
	211	+	12 eminent domain.
	212	+	13
	213	+	14W.S. 1-26-815(d) is repealed.
	214	+	15
	215	+	16This act applies to condemnation actions
	216	+	17 initiated on or after July 1, 2025. Nothing in this act is
	217	+	18 construed to impair any existing contracts. Nothing in this
	218	+	19 act shall be construed to prohibit projects regarding
	219	+	20 commercial facilities generating electricity or energy
	220	+	21 collector systems that have begun the local or state
	221	+	22 permitting process before July 1, 2025.
	222	+	23 2025STATE OF WYOMING25LSO-0745
	223	+	ENGROSSED
	224	+	10SF01811. This act is effective July 1, 2025.
	225	+	2
	226	+	3 (END)