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House rejects penalty on adverse‑possession claimants, passes bill after heated debate
Summary
Representatives debated proposals to change adverse‑possession law, including a failed committee amendment that would have required unsuccessful adverse‑possession plaintiffs to pay defendants’ attorney fees. After debate and a failed floor amendment, House Bill 123 passed the House 40‑21‑1.
House Bill 123 — which addresses adverse possession and defenses involving property tax payment — drew prolonged debate before final passage on Feb. 6.
A committee amendment debated on the floor would have required a plaintiff who brings an adverse‑possession claim and loses to pay the defendant’s attorney fees. Representative Nicholas urged deletion of that amendment, arguing the change would flip the long‑standing "American rule" (in which each side pays its own attorney) and discourage meritorious claims that clear title. Representative Nicholas detailed historical and jurisprudential context, saying Wyoming has had adverse possession on the books since 1886 and that the law is fact‑intensive.
Sponsor Representative Nyman said the bill aimed to protect owners who had been paying property taxes on land and were faced with late claims, arguing that paying taxes is a strong indicator of ownership and that owners should not have to incur large legal bills to defend title to property they've paid taxes on.
The House considered third‑reading Amendment 1 (which would have left in the attorney‑fee provision); members called division and counted votes. The amendment failed on the floor. Representative Nicholas later moved an amendment that would have deleted the bill's enacting clause but then withdrew his follow‑up amendment; after further debate the sponsor withdrew a subsequent amendment. The House then passed House Bill 123 on third reading; the roll‑call tally was 40 ayes, 21 noes and 1 excused.
What it means: The House approved HB123 as written after rejecting an amendment that would have imposed attorney‑fee penalties on unsuccessful adverse‑possession plaintiffs. The bill’s final text as passed in this excerpt will proceed to the next stage in the legislative process.
