§ 1-26-818 — Right of eminent domain; energy collector systems; authorization; restrictions

(a) Subject to this section, any person authorized to do
business in this state may appropriate by condemnation a way of
necessity over, across or on so much of the lands or real
property of others as necessary for the erection, placement or
expansion of an energy collector system associated with a
commercial facility generating electricity. Except as provided
in subsection (h) of this section, each person, association,
company or corporation shall comply with the requirements of
this section before appropriating by condemnation property as
specified in this subsection.
(b) Except as provided in subsection (h) of this section,
each person exercising the power of eminent domain under this
section shall:
(i) Negotiate and have finalized land use and
compensation agreements:
(A) That shall grant the person the right to
occupy and use not less than sixty-six percent (66%) of the land
upon which the energy collector system will be constructed; or
(B) With not less than sixty-six percent (66%)
of the owners of the land upon which the energy collector system
will be constructed if not less than three (3) landowners are
involved in the potential condemnation action.
(ii) Allege in any complaint for condemnation and
provide proof to a court of competent jurisdiction:
(A) Compliance with paragraph (i) of this
subsection;
(B) All terms and consideration, including
monetary compensation or compensation given to landowners as
described in subsections (b)(i)(A) and (B) of this section,
granted to the owners of property with whom the person
negotiated under paragraph (i) of this subsection. The court
shall ensure that, except for providing the information to the
opposing party, all terms and consideration alleged in the
complaint under this subparagraph remain confidential; and
(C) That the commercial facility generating
electricity with which the energy collector system constitutes a
public use.
(c) For purposes of calculating compensation under this
section, improvements to the property shall be included in its
fair market value.
(d) W.S. 1-26-701 through 1-26-715 shall apply to any
condemnation under this section except in no circumstances shall
the minimum compensation to be paid be less than the average
paid under W.S. 1-26-818(b)(i).
(e) A commercial facility generating electricity shall not
use an existing easement agreement or order granting an easement
to the condemnor to place additional energy collector systems
associated with a commercial facility generating electricity
without first complying with this section unless the existing
easement:
(i) Authorizes initial or additional energy collector
systems;
(ii) Contemplates a method by which an easement can
be enlarged or amended; or
(iii) Authorizes the parties to renegotiate the
easement.
(f) Thirty (30) days before a condemnation action is
commenced under this section, the entity seeking to condemn
property shall give notice to the board of county commissioners
of the county and any local governing body of the city or town
in which the condemnation is to take place.
(g) Any order granting an easement to a condemnor under
this section shall include clauses relating to liability of the
parties for potential damages arising from activities occurring
on the condemned property and reclamation requirements
pertaining to the condemnor's use of the property.
(h) This section shall not apply to:
(i) A public utility that has been granted a
certificate of public convenience and necessity under W.S. 37-2-
205;
(ii) Any energy collector system associated with a
commercial facility generating electricity that began serving
load or that began exporting energy from Wyoming before July 1,
2025.
(j) As used in this section:
(i) "Energy collector system associated with a
commercial facility generating electricity" means the conductor
infrastructure, including conductors, towers, substations,
switchgear and other components necessary to deliver power from
any commercial facility generating electricity up to, but not
including, electric substations or interconnections facilities
associated with existing or proposed transmission lines that
serve load or that export energy from Wyoming;
(ii) "Commercial facility generating electricity"
means any commercial plant, property or facility generating
electricity from any source for the purpose of selling
electricity.