SF0181

Restricts the use of eminent domain for energy collection systems by requiring negotiated agreements with landowners and compliance with specific procedural and compensation standards.

• Establishes that entities seeking to condemn property for energy collector systems must first negotiate and finalize land use and compensation agreements with at least 85% of affected landowners or for at least 85% of the required land area. (W.S. 1-26-818(b)(i))
• Requires entities to allege in condemnation complaints and prove to a court that they have complied with negotiation requirements, disclosed all terms and compensation offered, and that the commercial facility constitutes a public use. (W.S. 1-26-818(b)(ii))
• Establishes compensation standards for condemned property, providing that improvements to the property shall be included in fair market value calculations and that minimum compensation cannot be less than the average paid under negotiated agreements. (W.S. 1-26-818(c), W.S. 1-26-818(d))
• Requires entities seeking to condemn property to provide 30 days' notice to county commissioners and local governing bodies before initiating condemnation actions. (W.S. 1-26-818(f))
• Prohibits use of existing easement agreements to place additional energy collector systems without complying with new requirements unless the easement explicitly authorizes additional systems, provides for enlargement or amendment, or permits renegotiation. (W.S. 1-26-818(e))
• Requires court orders granting easements for energy collector systems to include clauses addressing liability for damages and reclamation requirements for the condemned property. (W.S. 1-26-818(g))
• Exempts public utilities with certificates of public convenience and necessity and electric substations or interconnection facilities associated with transmission lines from the new requirements. (W.S. 1-26-818(h))
• Defines 'energy collector system associated with a commercial facility generating electricity' as conductor infrastructure including towers, substations, and switchgear necessary to deliver power from commercial electricity generation facilities to transmission lines.