Real Estate & Property Law

Wyoming Energy is a Balancing Act

By Alan Ackerman

The looming moratorium on eminent domain is likely tethered to a process in which future tax increases are balanced against the desire of utilities to condemn the land of unwilling sellers. The legislature is not likely to delegate condemnation power to wind power transmission entities until they reach an agreement. Transmitters may end up seeking relief from a federal agency such as the FERC. However, if this is an intrastate transmission line, FERC relief may not be available.

Trib.com

The eminent domain extension legislation, House Bill 230, passed the House 53-6 without debate.

Some lawmakers previously said that allowing the current one-year moratorium to expire on June 30 would raise landowners' wariness of eminent domain when dealing with wind developers on land leases to build collector lines. Other legislators said they needed more time to study the issue.

Still other lawmakers had questioned why the state should prohibit wind developers from using eminent domain when other industries are still allowed to employ such powers.

State Rep. Tim Stubson, R-Casper, speaking against the bill, said lack of transmission lines makes it extremely unlikely that any collector lines will be built in the next two years.

House members also passed on second reading House Bill 191, which would revamp the state's wind tax and distribution method.

The bill, which faces a final House vote today, would combine the upcoming $1-per-megawatt-hour wind energy tax and the sales tax on wind energy equipment into a single $3-per-megawatt-hour excise tax.
 

Full post as published by National Eminent Domain Blog on February 14, 2011 (boomark / email).