Court rules Wyoming rancher can sue irrigation district for property damage

Heart Mountain, WY; July 11, 2025: The Wyoming Supreme Court ruled in favor of Tom Hamann, a Heart Mountain rancher, holding that the Heart Mountain Irrigation District (HMID) can be held liable for property damage caused by its employees. Today’s decision reverses an earlier ruling by a lower court and affirms that government entities cannot escape accountability by claiming their employees acted without authorization.  

“This is an important victory for Wyoming property owners,” said Austin Waisanen, an attorney at Pacific Legal Foundation. “The government cannot avoid its obligation to pay compensation to property owners for property damage caused by its employees by merely claiming that an employee’s actions were unauthorized. ‘You break it, you fix it’ applies to the government, just like everyone else.” 

HMID’s employees, operating heavy equipment, were supposed to be on Hamann’s ranch to move a concrete bowl that irrigated a neighbor’s land. However, they attempted to construct a road on the Hamann property that the Hamanns never authorized, causing thousands of dollars in property damage to the Hamann’s ranch. 

When Hamann sought just compensation, the District Court initially ruled that HMID was not liable because the actions of its employees were not requested by the HMID board in a public meeting. The District Court therefore held HMID could not be held liable under the Wyoming Constitution for damage caused by its employees. The Wyoming Supreme Court rejected that argument, ruling that government entities can be held liable for intentional or foreseeable damage caused by their employees.  

Represented at no charge by Pacific Legal Foundation, the Hamanns’ victory helps protect property rights across Wyoming against unlawful government takings. 

The case is Tom Hamann v. Heart Mountain Irrigation District.