HomeLAW believes that private property should only be condemned as a last resort and when “public benefit” has been determined by jury trial; and never when the condemning party economically benefits from the compensation formulas allowed by state statutes.
Eminent Domain Resources
Wyoming Eminent Domain Statutes (W.S. 1-26-501/817)
Eminent Domain Reform as proposed in January 2005 by Senators Schiffer, Hanes and Rep. Landon
Memorandum by the Office of the Wyoming Attorney General on the Kelo v. City of New London decision
White House Execute Order protecting private property rights on June 26, 2006
“It is the policy of the United States to protect the rights of Americans to their private property, including by limiting the taking of private property by the Federal Government to situations in which the taking is for public use, with just compensation, and for the purpose of benefiting the general public and not merely for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken.”
Summary of Eminent Domain Statutes in other states
Summary of Ballot Initiatives pending in other states to reform eminent domain laws
Nationwide Efforts to Reform Eminent Domain
Proposed federal energy corridors
New Electricity Transmission Corridors
U.S. Supreme Court decision on Kelo v. New London
What’s happening across the Country?
Model legislative language to provide greater protection for private property rights.
CATO Policy Analysis
Robin Hood in Reverse: The Case against Taking Private Property for Economic Development by Illya Somin
“Poor Relation” Once More: The Supreme Court and the Vanishing Rights of Property Owners by: James W. Ely Jr.
American Legislative Exchange Council Resolution on Eminent Domain
Last month, the American Legislative Exchange Council (ALEC) approved a resolution on eminent domain. The state legislators felt it was important to make a strong statement against eminent domain abuse. As noted earlier, in the Kelo decision, the Supreme Court stated, “nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power.” ALEC’s resolution calls for state and federal governments to protect private property rights against unreasonable use of eminent domain. In addition, it calls on each state to enact protections to protect private property. ALEC does not support the taking of property from private parties and transferring it to other private parties as part of economic development schemes. This is antithetical to our country’s foundational principles. As James Madison stated, “Government is instituted to protect property of every sort; as well that which lies in the various rights of individuals, as that which the term particularly expresses. This being the end of government, which impartially secures to every man, whatever is his own.”
Wyoming Stock Growers Association 2006 Policy Statement
Wyoming Stock Growers Association supports amending Wyoming’s Eminent Domain statutes to provide greater protection for private property owners during condemnation cases than is currently occurring under Wyoming statutes. Specifically, the legislature should strengthen the ability of private property owners to participate in the planning of activities affecting their lands; to receive a choice of the type of compensation for the taking including a right to future rents and profits. Damages should include disruption of the business operation, loss of land value and inconvenience caused by the condemnation. Compensation should be paid for damages as well as the taking. The condemnee should be entitled to jury trial on all issues including the determination of “public benefit and good.”
Wyoming Energy Commission
Landowner Energy Transmission and Transport Advisory Group in 2002
Split Estate Resources
2005 BLM Proposed Rule Changes
BLM's proposed changes attempt to invalidate Wyoming's new Surface Owner Accommodation Act on 11 million acres of private lands underlain by federal minerals. This would leave the State Statute, which was passed overwhelmingly by the Wyoming State Legislature, to apply only to 1 million acres of land in Wyoming. Not only is this an attempt by the federal government to supercede state law, but among other things, the proposed changes would be onerous to private landowners (130KB in pdf). Read LAW's letter to the BLM Director opposing the rule change (113KB in pdf)
2005 Wyoming Surface Owner Accomodation Act
Final legislative language of the Surface Owner Accommodation
Act (90KB in pdf)
Oil and Gas Statistics
Oil and gas production and drilling activity statistics for the state of Wyoming (34KB in pdf)
IPAA statistics for Wyoming (74KB in pdf)
Legal Background
Law review and legal opinion regarding Surface Owner Accommodation Acts (262KB in pdf)
The Arrogance of Dominance: The Reason for Split Estate Legislation. A Presentation to the 2005 Wyoming State Bar Annual Meeting by Tom C. Toner (164KB in pdf)
Other State Laws
Surface Owner Accommodation Acts that have been enacted in other states (362KB in pdf)
Revised comparison of surface owner acts (34KB in pdf)
Draft New Mexico bill passed by 2005 House, failed to be heard by Senate (51KB in pdf)
White House Executive Order of August 26, 2004
Executive Order Facilitation of Cooperative Conservation. (Highlight Sec. 3, (ii) which requires federal agencies to "take appropriate account of and respects the interests of persons with ownership or other legally recognized interests in land and other natural resources." White House News Release>>