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Panel reaches land reg bill accord

JOAN BARRON Star-Tribune capital bureau with wire reports | Posted: Wednesday, March 5, 2008 12:00 am

CHEYENNE - A joint House and Senate conference committee agreed Tuesday on a bill that would allow counties the option to regulate the division of land parcels into lots larger than 35 acres.

Wyoming statute currently allows counties to regulate subdivision of parcels into lots smaller than 35 acres.

The conference committee will report the compromise version to the House and Senate today.

Senate File 11, sponsored by the Joint Interim Committee on Corporations, Elections and Political Subdivisions, allows counties the option of regulating developments up to 140 acres in size.

The bill is an attempt to close a loophole that has resulted in many large 40-acre land developments that are totally exempt from county land regulations.

Supporters of the bill argue that unscrupulous developers have not informed buyers on the lack of water and roads in these subdivisions. Opponents say it infringes on private property rights.

The bill passed the Senate 19-11 and the House 37-22.

The Senate refused to accept changes made by the House, so the joint conference committee was appointed to iron out the differences.

Joe Evans, executive director of the Wyoming County Commissioners Association, told the conference committee Tuesday morning his group has no concerns about the bill.

"We really like this bill," Evans said. "This was our No. 1 priority."

He added that the House made excellent amendments to the proposal.

"I don't think it takes away any property rights," Evans said.

He asked the committee to keep the county options open.

A lot of county commissioners, he said, are agriculture people, "and they're not going to hurt their own people."

Jim Magagna, executive vice president of the Wyoming Stock Growers Association, said the bill continues to get better. He suggested giving counties the option of deciding the information a developer should produce to get an exemption from the new law.

The compromise lets the counties decide what should be required, including a water study.

Rep. Kermit Brown, R-Laramie, a conference committee member, said the subdivisions come in and "ding" the state water commission for millions of dollars to provide water to the homeowners.

Rep. Pete Illoway, R-Cheyenne, noted the Laramie County Commission last week rejected a subdivision plan because of water problems.

"I don't know if we will stop it, but we hope this will slow it down," Illoway said.

Laurie Urbigkit, a lobbyist for the Wyoming Association of Realtors, said members of that organization will not support the bill because they don't want to give the counties any more authority.

She said she agreed with Sen. Eli Bebout, R-Riverton, that if a landowner is selling one parcel of land to pay taxes, he or she shouldn't have to do a water study.

Bebout, who is opposed to the bill, said a landowner could spent more on water testing than the land is worth.

Contact Joan Barron at joan.barron@trib.com or by phone at 307-632-1244.