A win all around for Wyoming
“As over used as the phrase may be, a new law passed in the final days of the 2013 Wyoming legislative session certainly appears to be a win-win situation for Wyoming.
The new law, Senate File 118, concerns eminent domain — the sometimes controversial practice of condemning private property for what is considered to be a larger public good. The practice is controversial because it’s tantamount to seizing private property — something that doesn’t set well with most Americans, least of all folks in Wyoming.
But the practice of eminent domain is also something routinely used in energy development in Wyoming. The concept is that energy development serves a much larger good, and mineral rights are set up differently than in some other states.
When the process works well and equitably, the energy companies — or any entity — condemning property via eminent domain will compensate the property owner at market value, essentially making the owner whole, even if disgruntled.
When done poorly, it’s nothing short of legalized stealing, forcing owners to abdicate land.
The latter scenario is just what lawmakers had in mind as they passed the bill that essentially requires companies or government to negotiate in good faith, offering market value for property, or risk paying legal fees of the property owner.”
Star Tribune 18 March 2013.