Teton County to join class action lawsuit

The Teton County, Wyoming Board of County Commissioners has voted to join a Kane County, Utah lawsuit against the U.S. Department of Interior.

Kane County filed and won a lawsuit claiming the government had failed its obligation to make Payments in Lieu of Taxes for federal lands immune from state and local taxes. Formulas used to calculate the amount of payments were part of the funding statute.

Congress tried to get around the obligation by inserting language in the 2017 budget bill which stated, “in the event, the sums appropriated for any fiscal year for payments pursuant to the PILT Act are less than full payments to all units of local government then the payment to each local government shall be made proportionally.”

Kane County filed a second lawsuit. A federal judge ruled in March 2018 that the new language did not relieve the federal government from paying its full obligation. Kane County won again.

Then, in April, the Judge issued an order certifying the case as a class action.

In a written statement to the board, County Attorney Keith Gingery said it appears the federal government is now prepared to make payments to all those within the class action lawsuit based on the Kane County case.

The County Treasurer estimated the county’s underpayment for 2015, 2016, and 2017 was approximately $50,000. Teton County has to join the suit and submit its claim by September 14, 2018.