Landowners Association of Wyoming: Homepage

The U. S. Supreme Court ruled in Kelo v. New London (2005) that states have the legal discretion to allow – or not – private property to be taken for reasons beyond public use, including economic development purposes, including projects that result in another’s economic gain.

States pursuing eminent domain reforms through ballot initiatives. Learn more

The Eminent Domain Problem

Wyoming’s eminent domain laws allow taking private property by both public and private entities for their economic gain.

State laws allow entities to prioritize taking private lands, rather than federal lands, for projects that supposedly provide a national public benefit:

“Federal policy is that the public good is served by avoiding federal lands with utility easements to the extent possible.” (Wyoming District Court Judge Kautz, June 3, 2004)

State laws allow private homes, businesses and properties to be taken and condemned for an appraised value, rather than the replacement value, as is provided for property taken from non-profit organizations. This is unfair to all property owners and particularly onerous to elderly and retired persons. Could this happen in Wyoming?

State laws do not require payment for the ongoing use of the condemned easements across private property, but instead limit required compensation to a one-time fair-market payment.

State laws prohibit private property owners the same protections given state and federal agencies during negotiation of, and condemnation for, easements.

LAW’s Role
The Landowners Association of Wyoming provides private property owners in towns and rural areas with a focused and committed voice to advocate for the meaningful reform of Wyoming’s eminent domain laws to strengthen protection of private property rights.

The Opportunity
Due to the successful efforts of the Landowners Association of Wyoming, and tremendous grassroots support, the Wyoming State Legislature made significant improvements to the State Eminent Domain laws to require:

Adequate notice prior to condemnation;
Improved good faith negotiations that require an initial offer by the condemnor; a counter-offer by the property owner; and a response to that counter-offer from the condemnor -- all which can be admissible in court;
Just compensation that includes the use of comparable sale information and not just appraisal estimates; 4. The ability to negotiate for a termed right-of-way, similar to the terms allowed on both federal and state lands; and
Checks and balances that require reimbursement of a property owner's litigation expenses if condemnor fails to negotiate in good faith, fails to plan a project for the greatest public good at the least private injury, or fails to show that the condemned land was a necessity for the project.

You can view the specific legislation at: http://legisweb.state.wy.us/2007/Enroll/HB0124.pdf

Wyoming’s Statutes provide:

W.S. 1-26-801-809: grants the right of eminent domain to any state, county, municipal organization or public utility.
W.S. 1-26-810-812: grants the right of eminent domain to railroads and limits rights of way to 200 feet. Section 812 requires railroads to construct and maintain crossings.
W.S 1-26-814: grants the right of eminent domain to petroleum and other pipeline companies.
W.S. 1-26-815: Broad Right of Condemnation: “Any person, association, company or corporation 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 other real property of others as necessary for the location, construction, maintenance and use of reservoirs, drains, flumes, ditches including return flow and wastewater ditches, underground water pipelines, pumping stations and other necessary appurtenances, canals, electric power transmission lines, railroad trackage, sidings, spur tracks, tramways, roads or mine truck haul roads required in the course of their business for agricultural, mining, exploration drilling and production of oil and gas, milling, electric power transmission and distribution, domestic, municipal or sanitary purposes, or for the transportation of coal from any coal mine or railroad line or for the transportation of oil and gas from any well.”

The Drilling of Oil and Gas on Split Estate Lands Problem

Learn more about LAW's actions regarding Oil and Gas Drilling on Split Estate lands