(The following story by Dustin Bleizeffer appeared on the Casper Star-Tribune website on July 6.)
CASPER, Wyo. — A railroad’s lawsuit seeking condemnation of some 1,200 linear acres in northeast Wyoming was filed on June 28, just days before changes to Wyoming’s eminent domain laws went into effect on July 1.
Officials of the Dakota, Minnesota & Eastern Railroad declined to comment this week on their lawsuit. But Gillette attorney Tad Daly, who represents about 15 of the landowner defendants, said there’s no coincidence in the timing.
“It’s unfortunate DM&E felt it necessary to sue landowners in federal court prior to meeting with them. We attempted to schedule a meeting with them,” Daly said. “Clearly, and they articulated this, the reason they sued (before July 1) is so they could proceed under old condemnation statutes.”
DM&E wants to build 278 miles of new rail line into Wyoming to access the Powder River Basin coal mining district. The railroad is seeking condemnation of some 1,200 linear acres in northeast Wyoming.
Under Wyoming’s current set of eminent domain laws, a private company, municipality, railroad, utility or telecommunications company can take private property — and not just for major power lines, roads and other things that can be construed as a benefit to the general public.
The July 1 changes in those laws approved by the Legislature and Gov. Dave Freudenthal earlier this year fell short of what landowner advocacy groups had sought. But they did include requiring companies to give more advance notice of their intent to develop and giving property owners the right to use “comparable sales” to figure fair market value for their land.
One defendant, Dan Tracy, operates a ranch in the Rochelle Hills in southern Campbell County. He said DM&E’s offer was more of an ultimatum than a negotiation.
“They would tell us in negotiations, ‘We will give you so much, you sign by certain date, if not we will file against you.’ There’s no negotiation in that,” Tracy said. “That was every communication, verbal or written. They try to intimidate you.”
Tracy said his objection isn’t monetary. He just doesn’t want a railroad dividing his operations. According to a survey, it appears as though the rail line would come within 100 yards of his house, Tracy said.
“I think the damn thing’s coming. I don’t like it, and we don’t want it. I’m going to fight ’em, I can tell you that,” Tracy said.