Bill Description

AN ACT relating to eminent domain; creating a landowner's bill of rights brochure as specified; requiring notice of rights to landowners during the initial eminent domain process; imposing responsibility on any person attempting to exercise the power of eminent domain to provide these rights to the landowner; specifying applicability; and providing for an effective date.

Notes

HB011 establishes added property rights protections for landowners when there is an attempt by a public entity or other person to condemn a landowner's property using eminent domain.  Specifically it stipulates that a person with eminent domain authority shall provide a written notice to a landowner before or at the same time as the person first represents to the landowner that the person will or may attempt to condemn the landowner's property through eminent domain proceedings.  The written notice must include:

·      That the landowner is entitled to receive adequate compensation pursuant to W.S. 1‑26‑702 through 1‑26‑715 if the landowner's property is taken through eminent domain.

·      That the landowner's property may be taken only as provided by the Wyoming constitution or by law. Under these standards, property can be taken only if the public interest and necessity require it, the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury and the property sought to be acquired is necessary for the project.

·      That the landowner's property can only be condemned by a public entity or person authorized by law to do so.

·      That persons who want to acquire a landowner's property through an eminent domain process must notify the landowner that they intend, or in some circumstances that there is a reasonable probability that they will intend, to acquire the landowner's property through eminent domain.

·      That persons who want to condemn the landowner's property and who want to enter the property first for the purpose of conducting activities like surveys, tests and taking samples must provide written notice fifteen (15) days in advance of the entry pursuant to W.S. 1‑26‑506;

·      That persons proposing to condemn a landowner's property must provide the landowner with written evidence of the fair market value of the property to be condemned in the form of a written appraisal, value finding form or waiver form from a certified appraiser or other evidence of fair market value as required by W.S. 1‑26‑704;

·      That persons proposing to condemn the landowner's property shall enter into good faith negotiations with the landowner, which include a written notice of the way to contact the person proposing to condemn the property and an initial written settlement offer that meets the requirements of W.S. 1‑26‑509(c)(iii). Persons proposing to condemn the property must make a good faith effort to purchase the property before the person moves to condemn the property;

·      That the landowner may hire an appraiser to determine the value of the property or to assist the landowner in any condemnation proceeding;

·      That the landowner may hire an attorney to negotiate with the person proposing to condemn the property and to represent the landowner in any legal proceedings involving the condemnation;

·      That before the property is condemned using a formal condemnation action, the landowner is entitled to have the amount of compensation determined by an informal proceeding governed by the Wyoming rules of civil procedure; and

·      That if the landowner is dissatisfied with the compensation awarded by the informal or formal proceeding, then the landowner has a right to a trial by a judge or jury. If the landowner is dissatisfied with the decision of the judge or jury, then the landowner may appeal the decision to a higher court.