Wyoming Property Rights

Since the decision by the United States Supreme Court in Kelo v. City of New London many states across the country have taken measures to help protect the rights of private ownership.  The controversial Kelo decision held that a local government can take the private property of one person and give it to another private entity.  While the Court’s ruling was seen by many as a serious blow to citizen’s constitutionally protected rights of private property ownership, the decision prompted a number of states to initiate legislative reform to help curb eminent domain abuse.

The Castle Coalition has released a report, grading each of the states based on their efforts to protect private property owners and their rights based on changes in their respective state laws.  The Castle Coalition is the Institute for Justice's nationwide grassroots property rights activism project that teaches home and small business owners how to protect themselves and stand up to abuse by governments and developers who seek to use eminent domain to take private property for their own gain.  Stated below is the letter grade, as given by the Castle Coalition, along with a description of the changes that have occurred since Kelo v. City of New London.

Wyoming Castle Coalition letter grade of

In 2007, House Bill 124 was passed in Wyoming, which requires the government to make a good faith attempt at negotiations prior to condemning private property. In addition, this bill states that private property can only be condemned if it the intended use falls under the public use definition in the state constitution, thus eliminating private party transfers. Now, private property transfers are only allowed if the property is considered a threat to public health and safety, and those properties must be evaluated and deemed threatening on an individual basis.

House Bill 124 also put a ten year limit on condemned property, stating that if after ten years the property has not seen substantial use, the former owner may re-purchase the property for the original amount of compensation received.

Summary

The state of Wyoming has seen immense reform since Kelo v. City of New London, all of which was seen in one bill. With the state’s definition of public use clearly defined and tightened, private party transfers have been effectively eliminated.

Additionally, the ten-year time frame on condemned property usage, coupled with the re-purchase policy on condemned property ensures protection for property owners. If these changes were made as part of the state's constitution, then property owners would see unassailable protection. Click to read more about House Bill 124.