2025 25LSO-0312
STATE OF WYOMING Working Draft
0.5
DRAFT ONLY
NOT APPROVED FOR
INTRODUCTION
HOUSE BILL NO. [BILL NUMBER]
Carbon capture-use of eminent domain prohibited.
Sponsored by: HDraft Committee
A BILL
for
1 AN ACT relating to eminent domain; prohibiting private
2 entities and public utilities from using the power of
3 eminent domain to place intrastate pipelines conveying
4 carbon dioxide for the purposes of carbon capture
5 utilization or storage; specifying applicability; making
6 conforming amendments; and providing for an effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 1-26-814 by creating a new subsection
11 (b) and 1-26-815 are amended to read:
12
1 [Bill Number]
 2025 STATE OF WYOMING 25LSO-0312
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1 1-26-814. Right of eminent domain granted; petroleum
2 or other pipeline companies; purposes.
3
4 (a) Whenever any utility or any petroleum or other
5 pipeline company, authorized to do business in this state,
6 has not acquired by gift or purchase any land, real estate
7 or claim required for the construction, maintenance and
8 operation of their facilities and appurtenances or which
9 may be affected by any operation connected with the
10 construction or maintenance of the same, the utility or
11 company has the right of eminent domain and may condemn the
12 easement required by the utility or company, except as
13 provided by subsection (b) of this section.
14
15 (b) No entity or public utility as defined by W.S.
16 37-1-101(a)(vi) shall use the power of eminent domain to
17 place intrastate pipelines for the purpose of conveying
18 carbon dioxide for the purpose of carbon capture,
19 utilization or storage under W.S. 37-18-101 and 37-18-102.
20
21 1-26-815. Right of eminent domain granted; ways of
22 necessity for authorized businesses; purposes; extent.
23
2 [Bill Number]
 2025 STATE OF WYOMING 25LSO-0312
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1 (a) Except as provided by W.S. 1-26-814(b), any
2 person, association, company or corporation authorized to
3 do business in this state may appropriate by condemnation a
4 way of necessity over, across or on so much of the lands or
5 real property of others as necessary for the location,
6 construction, maintenance and use of reservoirs, drains,
7 flumes, ditches including return flow and wastewater
8 ditches, underground water pipelines, pumping stations and
9 other necessary appurtenances, canals, electric power
10 transmission lines and distribution systems, railroad
11 trackage, sidings, spur tracks, tramways, roads or mine
12 truck haul roads required in the course of their business
13 for agricultural, mining, exploration drilling and
14 production of oil and gas, milling, electric power
15 transmission and distribution, domestic, municipal or
16 sanitary purposes, or for the transportation of coal from
17 any coal mine or railroad line or for the transportation of
18 oil and gas from any well.
19
20 Section 2. This act shall apply to carbon capture,
21 utilization and storage projects initiated on or after July
22 1, 2025.
23
3 [Bill Number]
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1 Section 3. This act is effective July 1, 2025.
2
3 (END)
4 [Bill Number]


Statutes affected:
25LSO-0312 v0.5: 1-26-814, 1-26-815