Eminent domain energy collector systems amendments.
Summary
HB0091 amends Wyoming eminent domain law as it applies to energy collector systems associated with commercial electricity-generating facilities. The bill repeals the authority for entities that are not public utilities to use condemnation to acquire property for the erection, placement, or expansion of these collector systems. It also clarifies the scope of “collector systems” to include components such as conductors, towers, substations, and switchgear needed to deliver power from a commercial generating facility, while excluding certain transmission-related interconnection facilities.
The bill further adds procedural requirements for condemnation actions, including notice to local governing bodies before a condemnation case begins. It applies only to eminent domain actions initiated on or after July 1, 2025, and states that it does not impair existing contracts. The effective date is July 1, 2025.
Impact
If enacted, HB0091 would narrow the class of entities that can use eminent domain for electric generation collector systems by removing that power from non-public utilities. It would affect land acquisition and project development for commercial energy facilities, especially renewable or private generation projects that rely on collector infrastructure to move electricity to the grid. The bill would also impose additional notice and procedural requirements on condemnors and would apply prospectively to new condemnation actions only.
Sentiment
The bill appears to have had mixed but ultimately insufficient support. It received a favorable recommendation in the House Agriculture Committee by a 6-3 vote, suggesting meaningful support among committee members. However, it failed on third reading in the House by a 27-33 vote, indicating broader opposition or concern on the floor.
Contention
The main point of contention is the bill’s restriction on eminent domain authority for non-public utilities, which likely pits property-rights concerns against the needs of energy developers and infrastructure builders. Supporters likely view the measure as a safeguard against private entities using condemnation powers for commercial projects, while opponents likely see it as an obstacle to building electric generation and transmission infrastructure. The added notice requirement to local governing bodies may also have been a point of debate, though the available record does not identify specific speakers or arguments.