SF0144 - Eminent domain compensation.
|
2001 |
State of Wyoming |
01LSO-0397 |
SENATE FILE NO. SF0144
Eminent domain compensation.
Sponsored by: Senator(s) Schiffer, Barton and Kinnison and
Representative(s)
Burns, Iekel, Landon and
Osborn
A BILL
for
1 AN ACT relating to
eminent domain; modifying compensation
2 requirements
for court orders permitting entry prior to
3
condemnation; expanding fair market value-based just
4
compensation determinations as specified; and providing for
5 an
effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section
1. W.S.
1-26-507(b) and (c),
10 1-26-704(a)(intro) and 1-26-709 by
creating new subsections
11 (e) and (f) are amended to read:
12
13 1-26-507. Entry prior to condemnation
action; court
14 orders.
15
Page 1
1 (b) Unless
after notice and hearing good cause to the
2
contrary is shown, the court shall make its order
3
permitting and describing the purpose of the entry and
4
setting forth the nature and scope of activities the court
5
determines are reasonably necessary and authorized to be
6
made upon the property. The order permitting
entry under
7 this subsection shall be limited to those activities upon
8 the property specified under W.S. 1-26-506(a). In
addition
9 to
requiring a deposit under subsection (c) of this
10 section, the order shall include terms and
conditions with
11 respect to the time, place and manner of
entry and
12 authorized activities upon the property
which will
13 facilitate the purpose of the entry and
minimize damage,
14 hardship and burden to the parties.
15
16 (c) An Prior to issuing
any order permitting entry
17 under subsection (b) of this section, the court shall
18 include a
determination by the court of in
accordance with
19 W.S. 1-26-701
through 1-26-713, determine the amount,
if
any,
that will fairly compensate the owner or any other
21 person in lawful possession or physical
occupancy of the
22 property for damages for physical injury to
the property
23 and for substantial interference with its
possession or
24 use, found likely to be caused by the entry
and activities
Page 2
1
authorized by the order and shall require the condemnor to
2
deposit the entire amount in cash
or other security with
3 the
court before entry. The clerk of court shall invest any
4
cash deposit in any legal interest bearing investment and
5 the
interest earnings shall accrue to the account of the
6
condemnor. Unless sooner disbursed by court order, the cash
7 or
other security shall be retained on deposit for six (6)
8
months following termination of the entry. The court for
9
good cause may extend the period of retention.
10
11 1-26-704. Fair market value defined.
12
13 (a) Except as
provided in subsection (b) of this
14 section and
subject to W.S. 1-26-709(e) and (f):
15
16 1-26-709. Compensation for growing
crops and
17 improvements; compensation for loss of privacy and
18 operational efficiency.
19
20 (e) Compensation for loss of privacy, solitude, view
21 shed
and general aesthetic value may be included in any
22 determination
of compensation based upon fair market value
23 as
defined under W.S. 1-26-704.
24
Page 3
1 (f) Compensation for
the loss of operational
2 efficiency may be included in any
determination of
3 compensation based upon fair market
value as defined under
4 W.S. 1-26-704, if the owner proves the
taking results in
5 the division of property previously
operated as a single
6 operational unit necessitating
additional expenditures not
7 required by the previous undivided
operation, including but
8 not limited to mileage, acquisition
and maintenance of
9 essential facilities and personnel.
10
11 Section 2. This act is effective July 1, 2001.
12
13 (END)
Page 4