Wyoming’s governor is suing his own tax board over the 4% residential cap
Wyoming’s governor is suing his own tax board over the 4% residential cap
2026-09-19 · Wyoming · Courts · Pending — not yet law
What is happening. Wyoming’s residential property tax cap is in active litigation between the Governor and the State Board of Equalization he appoints, and the outcome is not settled. The board has asked a Laramie County court to declare the 2024 cap unconstitutional; the Governor has asked the same court to enforce it. Nothing below is a prediction of how that case comes out.
The sequence
- January 20–22, 2026. WyoFile reported that the State Board of Equalization had a 21-page complaint and a press release ready to sue the Department of Revenue over the 4% residential cap, and had retained Catherine Young and Amanda Esch of Davis & Cannon. Governor Mark Gordon directed the board not to file. The draft complaint argued the caps “unfairly (and non-uniformly) shift the tax burden from owners of property whose values are rapidly increasing to other taxpayers.”1
- June 2026. The board issued a report finding “thousands of value ‘inversions’ in each county” — a higher-market-value home carrying a lower taxable value than a cheaper one — and declared that it could not certify residential values for tax year 2026.
- June 16, 2026. Gordon sued the board in Laramie County District Court, naming chair Jayne Mockler and vice chair Martin Hardsocg. The Attorney General’s office said the board “exceeded its authority when it unilaterally determined that the property tax exemptions are unconstitutional.”2
- Mid-June 2026. Judge Nathaniel Hibben ordered the board to certify: “The board might be right or not… that ultimate decision will be made by the court.”
- July 2, 2026. The board counterclaimed, asking the court to declare the 2024 cap unconstitutional and bar its enforcement, warning of “widespread disorder and assessment uncertainty.”3
The board subsequently agreed to apply the cap while the litigation proceeds, leaving 2026 estimates as mailed in April.
What is actually at stake
Three separate residential tax measures now sit on top of each other in Wyoming, and the litigation is about the oldest of them:
- The 4% cap (2024) — limits year-over-year growth in a residence’s taxable value. This is what the board says is unconstitutional, on the ground that capping growth produces non-uniform taxation between identical properties bought at different times.
- Amendment A (approved November 2024) — created residential real property as a separate constitutional tax class with an owner-occupied subclass.
- The 25% homeowner exemption (2025 SF0069, ch. 106) — 25% off the first $1,000,000 of fair market value, with condominiums and townhouses named in the statutory definition.
“Inversion” is the board’s own term for what a growth cap does over time: two identical houses on the same street carry different taxable values because one changed hands more recently. The board’s position is that this is what Wyoming’s uniformity requirement forbids.
Why a community association is affected, and how
This is a tax case, not a covenant case, and it does not touch any association’s authority. The connection runs through budgets in two directions.
Local government revenue. Residential property tax funds schools, roads, sewers and law enforcement. The board warned that failure to certify could stop local governments collecting 2026 residential taxes. The Wyoming County Commissioners Association, through Jeremiah Rieman, supported the Governor. Where a Wyoming subdivision is served by a municipality or by an improvement and service district under W.S. § 18-12-101 et seq., that entity’s revenue moves with residential valuation — and where it does not, the association is the body carrying the road, water and snow costs.
Owner carrying cost. A change to what a Wyoming home costs to hold each year changes the amount of assessment an owner can absorb, and changes resale. That is descriptive of household budgets; associations set assessments under their declarations regardless.
The November ballot sits on top of it
A citizen initiative exempting 50% of a primary residence’s value is on the November 2026 Wyoming ballot. The Legislature tried and failed to say in statute what that would do to the exemption already in force: HB0147 (2026), “Property tax exemptions-effect of people’s initiative,” passed the House 56–5 and cleared Senate Revenue 5–0, then died on the Senate’s general file without being taken up on March 3, 2026.4
One partial answer did become law. HB0045, chapter 83 of the 2026 session laws, added a new subparagraph (E) to W.S. § 39-11-105(a)(xlv) providing that if the Secretary of State certifies that voters approved an initiative homeowner exemption and it is enacted, an owner who qualifies and applies under the long-term-homeowner exemption “shall not qualify for the exemption under the initiative.” That resolves the interaction for the over-65 exemption and not for the 25% exemption.
What the Legislature has already ordered drafted
The Joint Revenue Interim Committee’s June 8–9, 2026 minutes record directives to LSO that read as the 2027 agenda, quoted from the committee’s own Committee Directives:5
“Draft a bill which would clarify the effect of the people’s initiative on the twenty-five percent (25%) homeowner’s exemption while allowing for the 4% property tax cap to remain in effect”
“Resurrect 2026 House Bill 73, Residential real property-fair market value on transfer and the related resolution providing for a constitutional amendment”
“Draft a bill to implement Amendment A assessment rates for residential property, based on 2026 Senate File 78”
“Fair market value on transfer” is an acquisition-value system, the family of approaches that resets a property’s taxable value at sale. The committee also heard Representative Ken Chestek on base-year assessment. Both are structural changes to how a Wyoming home is valued, and both are drafts, not bills — 2027 General Session bill numbers do not exist yet.
Related Wyoming HOA Topics
- Maggie Mullen, “Gordon quashes Board of Equalization lawsuit against property tax cap,” WyoFile, Jan. 22, 2026 ↩
- Maggie Mullen, “Gordon sues Board of Equalization, asks court to enforce property tax cap,” WyoFile, June 16, 2026 ↩
- Maya Shimizu Harris (WyoFile), “Equalization board counter-sues governor over tax cap,” County 17, July 3, 2026 ↩
- HB0147 (2026 Budget Session), “Property tax exemptions-effect of people’s initiative” — bill history, Wyoming Legislature ↩
- Joint Revenue Interim Committee, meeting minutes and Committee Directives, June 8–9, 2026 (Wyoming Legislative Service Office) ↩
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