SF0155 - Condemnation powers of joint power boards.

 

2001

State of Wyoming

01LSO-0611

 

 

 

SENATE FILE NO.  SF0155

 

 

Condemnation powers of joint power boards.

 

Sponsored by:

 

 

A BILL

 

for

 

 1  AN ACT relating to joint power boards; authorizing the
 2  power of eminent domain for condemnation; specifying
 3  conditions; and providing for an effective date.

 4 

 5  Be It Enacted by the Legislature of the State of Wyoming:

 6 

 7         Section 1.  W.S. 16-1-101 is amended to read:

 8 

 9         16-1-101.  Authority to cooperate.

10 

11         (a)  In exercising, performing or carrying out any
12  power, privilege, authority, duty or function legally
13  vested in any one (1) or more of them by Wyoming law, the
14  state of Wyoming, and any one (1) or more of its counties,
15  municipal corporations, school districts, special
16  districts, public institutions, agencies, boards,
17  commissions and political subdivisions, and any officer or

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 1  legal representative of any one (1) or more of them, may
 2  cooperate with and assist each other, and like entities or
 3  authorities of other states, the United States and the
 4  Eastern Shoshone and Northern Arapaho Tribes of the Wind
 5  River Reservation. Cooperation may be informal or subject
 6  to resolution, ordinance or other appropriate action, and
 7  may be embodied in a written agreement specifying purposes,
 8  duration, means of financing, methods of operations,
 9  termination, acquisition and disposition of property,
10  employment of executive and subordinate agents and other
11  appropriate provisions;.

12 

13         (b)  A joint power board may acquire by condemnation
14  as provided in the Wyoming Eminent Domain Act, W.S.
15  1-26-502(a) notwithstanding that one (1) or more entities
16  on the board does not have condemnation powers provided
17  that:

18 

19              (i)  There is at least one (1) municipality or
20  one (1) county on the board; and

21 

22              (ii)  All municipalities and counties on the
23  board agree to the condemnation; and

24 

 

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 1              (iii)  At least one (1) of the municipalities or
 2  one (1) of the counties on the board shall agree to
 3  continue with the project for which the condemnation was
 4  necessary in the event that the board dissolves.

 5 

 6         Section 2.  This act is effective July 1, 2001.

 7 

 8                         (END)

 

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