GILLETTE -- Some 77 percent of registered voters in Wyoming believe property owners are at an unfair disadvantage in negotiating with the government and private industries that use eminent domain to acquire land and easements, according to a new poll.
In the midst of flourishing energy activity and population growth, a growing number of Wyomingites is calling for reform of Wyoming's eminent domain laws. Those who support changing the laws say private property owners are at a disadvantage to negotiate fair deals, while developers say they can't afford to operate in Wyoming without the power to take private property.
The Casper Star-Tribune poll conducted last week found that 12 percent of voters oppose reforming eminent domain laws, with 11 percent undecided. Mason-Dixon Polling and Research conducted the telephone poll of 625 registered Wyoming voters last week. The margin of error is 4 percent.
Harrison Coutant of Cheyenne said his biggest concern is that government entities don't seem to negotiate in good faith.
"They don't negotiate a lot. They just take the land and say it's for the betterment of the people. But it's for the betterment of the rich people, not the poor people who lose their property," Coutant said in a phone interview.
Elva Biens of Kemmerer said the first thing she and her husband did when they moved to Wyoming from Michigan about a year ago was register to vote. Biens said she was "appalled" to learn that private companies can use eminent domain to take other people's private property in Wyoming.
"I think that's terribly wrong," Biens said. "I think that in Wyoming, people's rights should come first over a corporation or institution of any kind. If he has property, I think he should have the right to say what happens to it."
The House Agriculture, Public Lands and Water Resources Committee is scheduled to begin working a bill this morning that addresses some of the less contentious areas of eminent domain reform. Agriculture and energy industry interests compromised on changes to require early notification by those who plan to develop facilities that may cross people's property. Both interests also reached some agreement on "good-faith negotiation" and reclamation requirements.
Far more contentious, however, are proposals to allow annual rental fees rather than one-time lump sum payments to private property owners, and a formal review process to ensure that an eminent domain taking does the most public good for the least private damage.
Jeff Hymas, spokesman for Rocky Mountain Power -- the largest electrical utility in Wyoming -- said his company is part of a coalition that will ask for amendments to House Bill 124 today that "keep the bill focused on good-faith negotiations and land reclamation."
"Rocky Mountain Power considers some of the conditions put forth by the other groups, including the Landowners Association of Wyoming, to be too onerous," Hymas said. "We think they'd delay projects and make projects more costly."
Rep. Doug Samuelson, R-Cheyenne, is chairman of the House Agriculture, Public Lands and Water Resources Committee. He wasn't surprised to learn that a large majority of Wyomingites support reform of eminent domain.
"Private property rights are one of those core values people will live and die for," Samuelson said. "When you get 77 percent of the people to agree on anything, that's a strong statement."
Samuelson said he'll bring some amendments to the measure today, but he doesn't want to lose any of the "common ground" that the various interests put forth in the current draft of the bill.
"I don't see a lot of amendments coming, but I may be surprised," Samuelson said.
Energy reporter Dustin Bleizeffer can be reached at (307) 682-3388 or dustin.bleizeffer@casperstartribune.net.
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