|
S.F. No. 0118 |
Eminent domain-2. |
Sponsored By: Senator(s) Driskill, Christensen, Hicks, Hines, Landen, Meier and Schiffer and Representative(s) Barlow, Brown, Hunt and Jaggi
AN ACT relating to eminent domain; specifying burden of proof in eminent domain proceedings; adding provision for litigation expenses; clarifying determination of fair market value; and providing for an effective date.
1/14/2013 Bill Number Assigned
1/16/2013 S Received for Introduction
1/16/2013 S Introduced and Referred to S01
1/24/2013 S Rereferred to S06
1/29/2013 S06 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Barnard, Burns, Christensen, Craft and Driskill
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
1/29/2013 S Placed on General File
SF0118SS001/ADOPTED
Page 2-line 16 After "is" insert "not less than ten percent (10%)". BURNS, CHAIRMAN
1/30/2013 S Passed CoW
SF0118S2001/ADOPTED
Page 2-line 11 After "with" delete all new language and strike all existing language; insert "any requirements of W.S. 1‑26‑504(a).".
Page 2-lines 12 and 13 Delete all new language and strike all existing language. DRISKILL
1/31/2013 S Passed 2nd Reading
SF0118S3001/FAILED
Page 2-line 11 In the Driskill Second Reading Amendment (SF0118S2001/A) to this line after "1‑26‑504(a)" insert "if the condemnor is a public entity".
Page 2-line 16 Delete the second "the" insert "a public entity".
Page 2-line 18 Delete "the" insert "a public entity". BEBOUT
ROLL CALL
Ayes: Senator(s) Anderson, JL S28, Bebout, Coe, Cooper, Dockstader, Geis, Perkins, Peterson and Von Flatern
Nays: Senator(s) Anderson, JD S02, Barnard, Burns, Case, Christensen, Craft, Driskill, Emerich, Esquibel, F., Hastert, Hicks, Hines, Johnson, Landen, Meier, Nicholas, P., Nutting, Ross, Rothfuss, Schiffer and Scott
Ayes 9 Nays 21 Excused 0 Absent 0 Conflicts 0
SF0118S3002/ADOPTED
Page 2-line 16 In the Senate Standing Committee Amendment (SF0118SS001/A) to this line delete "less" insert "more". DRISKILL
2/1/2013 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, JD S02, Barnard, Burns, Case, Christensen, Craft, Driskill, Hastert, Hicks, Hines, Johnson, Meier, Nicholas, P., Ross, Rothfuss, Schiffer and Scott
Nays: Senator(s) Anderson, JL S28, Bebout, Coe, Cooper, Dockstader, Emerich, Esquibel, F., Geis, Landen, Nutting, Perkins, Peterson and Von Flatern
Ayes 17 Nays 13 Excused 0 Absent 0 Conflicts 0
2/4/2013 H Received for Introduction
2/12/2013 H Introduced and Referred to H05
2/20/2013 H05 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Campbell, Eklund, Greear, Hunt, McKim, Semlek and Winters
Nays: Representative(s) Blake and Zwonitzer, Dn.
Ayes 7 Nays 2 Excused 0 Absent 0 Conflicts 0
2/20/2013 H Placed on General File
SF0118HS001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 10 Delete "1‑26‑704(a)(iii)(B) and (C)" insert "1‑26‑704(a)(iii)(C)".
Page 2-line 15 Delete "not".
Page 2-line 16 Delete "ten percent (10%) greater than" insert "one hundred fifteen percent (115%) of".
Page 3-lines 8 through 11 Delete entirely. SEMLEK, CHAIRMAN
SF0118HW001/FAILED (TO ENGROSSED COPY)
Page 1-line 2 After "proceedings;" insert "providing for dismissal of a condemnation action filed by a public entity acting as a condemnor as specified".
Page 2-line 1 Delete "the" insert "a public entity acting as a".
Page 2-line 15 Delete second "the" insert "a public entity acting as a".
Page 2-line 17 After "the" insert "public entity". STUBSON
2/22/2013 H Passed CoW
SF0118H2001.01/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)
[DIVIDED AMENDMENT]
Page 2-line 3 After "action" insert "without prejudice". MILLER, STUBSON
SF0118H2001.02/FAILED (CORRECTED COPY) (TO ENGROSSED COPY)
[DIVIDED AMENDMENT]
Page 2-line 2 Delete "shall" insert "may". MILLER, STUBSON
SF0118H2002/FAILED (TO ENGROSSED COPY)
Page 1-line 2 Delete "adding" insert "amending a".
Page 1-line 9 Delete "and by creating a new subsection (j)".
Page 2-lines 14 through 20 Delete entirely including the standing committee amendment (SF0118HS001/AE) to these lines. STUBSON
SF0118H2003/FAILED (TO ENGROSSED COPY)
Page 2-line 20 After "offer." insert "If a court or jury finds that the fair market value of the property sought by the condemnor is less than eight-five percent (85%) of the final offer required by subsection (e) of this section, the condemnee shall reimburse the condemnor for all reasonable litigation expenses incurred after the condemnee's receipt of the final offer.". STUBSON
2/25/2013 H Passed 2nd Reading
SF0118H3001/FAILED (TO ENGROSSED COPY)
Page 2-line 16 Delete the standing committee amendment (SF0118HS001/AE) to this line; delete "ten percent (10%) greater than" insert "one hundred twenty-five percent (125%) of".
Page 2-line 20 After "offer." insert "Notwithstanding W.S. 1‑26‑703, if a court or jury finds the condemnor failed to negotiate in good faith as required under subsections (b) through (e) of this section, or to comply with any requirements of W.S. 1‑26‑504(a), the court shall award the condemnee the difference between the fair market value determined on the date of judgment and the fair market value determined on the date the action was commenced if the fair market value increased as of the date of judgment.". ZWONITZER, DN.
SF0118H3002/ADOPTED (TO ENGROSSED COPY)
Page 1-line 4 After "value;" insert "requiring reporting;".
Page 1-line 9 Delete "a new subsection (j)" insert "new subsections (j) and (k)".
Page 2-After line 20 Insert:
"(k) Attorney's fees and other expenses awarded under this section from a public entity to a condemnee shall be reported by the public entity which paid the fees, to the Wyoming attorney general within sixty (60) days of the award. The Wyoming attorney general shall collect this data and report annually to the governor on the amount of all taxpayer funded fee awards, beginning July 31, 2014. The report shall identify the name of each party to whom an award was made, the name of each counsel of record representing each party to whom an award was made, the public agency which paid each award and the total amount of each award.". THRONE
SF0118H3003/FAILED (TO ENGROSSED COPY)
Page 2-line 2 Delete "result in" insert "be grounds for". BURKHART
2/26/2013 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Baker, Barlow, Blake, Brown, Campbell, Cannady, Coleman, Connolly, Eklund, Esquibel, K., Filer, Greear, Greene, Halverson, Harvey, Hunt, Hutchings, Jaggi, Kirkbride, Kroeker, Krone, Larsen, McKim, Moniz, Nicholas, B., Northrup, Paxton, Petroff, Piiparinen, Semlek, Sommers, Teeters, Wallis, Wilson and Winters
Nays: Representative(s) Berger, Blevins, Blikre, Burkhart, Byrd, Davison, Freeman, Gay, Gingery, Goggles, Harshman, Kasperik, Lockhart, Loucks, Lubnau, Madden, Patton, Reeder, Stubson, Throne, Walters, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Miller and Watt
Ayes 35 Nays 23 Excused 2 Absent 0 Conflicts 0
2/26/2013 S Received for Concurrence
2/26/2013 S Did Not Concur
ROLL CALL
Ayes: Senator(s) Anderson, JD S02, Barnard, Burns, Christensen, Craft, Driskill, Esquibel, F., Hicks, Hines and Rothfuss
Nays: Senator(s) Anderson, JL S28, Bebout, Case, Coe, Cooper, Dockstader, Emerich, Geis, Hastert, Johnson, Landen, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross, Schiffer, Scott and Von Flatern
Ayes 10 Nays 20 Excused 0 Absent 0 Conflicts 0
2/27/2013 S Reconsidered Non-concurrence
ROLL CALL
Ayes: Senator(s) Anderson, JD S02, Barnard, Burns, Case, Christensen, Craft, Driskill, Emerich, Esquibel, F., Hastert, Hicks, Hines, Johnson, Meier, Nicholas, P., Nutting, Peterson, Ross, Rothfuss, Schiffer and Scott
Nays: Senator(s) Anderson, JL S28, Bebout, Coe, Cooper, Dockstader, Geis, Landen, Perkins and Von Flatern
Ayes 21 Nays 9 Excused 0 Absent 0 Conflicts 0
2/27/2013 S Did Concur
ROLL CALL
Ayes: Senator(s) Barnard, Burns, Case, Christensen, Craft, Driskill, Emerich, Esquibel, F., Hastert, Hicks, Hines, Johnson, Meier, Nicholas, P., Nutting, Peterson, Ross, Rothfuss, Schiffer and Scott
Nays: Senator(s) Anderson, JD S02, Anderson, JL S28, Bebout, Coe, Cooper, Dockstader, Geis, Landen, Perkins and Von Flatern
Ayes 20 Nays 10 Excused 0 Absent 0 Conflicts 0
2/27/2013 Assigned Number SEA No. 0081
2/27/2013 S President Signed SEA No. 0081
2/27/2013 H Speaker Signed SEA No. 0081
3/13/2013 Governor Signed SEA No. 0081
3/13/2013 Assigned Chapter Number
Chapter No. 0201 Session Laws of Wyoming 2013