Title 1 — Title 1 — Code Of Civil Procedure
43 chapters · 1,036 sections in this title.
W.S. § 1-26-703 Date of valuation
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Date of valuation. The date of valuation is the date upon which the condemnation action was commenced.
W.S. § 1-26-705 Effect of condemnation action on value
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Effect of condemnation action on value. (a) The fair market value of the property taken, or of the entire property if there is a partial taking, does not include an increase or decrease in value before the date of valuation that is caused by: (i) The proposed improvement or proje…
W.S. § 1-26-706 Compensation to reflect project as planned
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Compensation to reflect project as planned. (a) If there is a partial taking of property, the fair market value of the remainder on the valuation date shall reflect increases or decreases in value caused by the proposed project including: (i) Impairment of the use of his other pr…
W.S. § 1-26-707 Special assessment proceedings excluded
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Special assessment proceedings excluded. If there is a partial taking of property and special assessments or charges are imposed upon the remainder to pay for all or part of the project, the increase in value of the remainder, if any, caused by the project shall be considered in …
W.S. § 1-26-708 Use by defendant; risk of loss
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Use by defendant; risk of loss. (a) Unless the court otherwise directs, the condemnee may use the property sought to be taken for any lawful purpose before the date on which the condemnor is authorized to take possession. (b) Thereafter, the condemnee may use the property only fo…
W.S. § 1-26-709 Compensation for growing crops and improvements
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Compensation for growing crops and improvements. (a) The compensation for crops growing on the property on the date of valuation is the higher of the current fair market value of the crops in place, assuming the right to bring them to maturity and to harvest them, or the amount b…
W.S. § 1-26-710 Compensation for divided interests
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Compensation for divided interests. The amount of compensation for the taking of property in which divided interests exist is based upon the fair market value of the property considered as a whole.
W.S. § 1-26-711 Taking of leasehold interest
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Taking of leasehold interest. (a) If all or part of the property taken includes a leasehold interest, the effect of the condemnation action upon the rights and obligations of the parties to the lease is governed by the provisions of the lease, and in the absence of applicable pro…
W.S. § 1-26-712 Acquisition of property subject to lien
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Acquisition of property subject to lien. Notwithstanding the provisions of an agreement, if any, relating to a lien encumbering the property neither the condemnor nor condemnee is liable to the lienholder for any penalty for prepayment of the debt secured by the lien, and the amo…
W.S. § 1-26-713 Loss of goodwill
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Loss of goodwill. (a) In addition to fair market value determined under W.S. 1-26-704, the owner of a business conducted on the property taken, or on the remainder if there is a partial taking, shall be compensated for loss of goodwill only if the owner proves that the loss: (i) …
W.S. § 1-26-714 Reclamation and restoration
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Reclamation and restoration. (a) A condemnor who acquires a property right or interest of less than fee simple title in any land shall be responsible for reclamation on such land and for restoration of the land and any improvements thereon. The reclamation and restoration shall r…
W.S. § 1-26-715 Compensation for condemnation of property for energy collector systems
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Compensation for condemnation of property for energy collector systems. Compensation related to the condemnation of property for the erection, placement or expansion of an energy collector system associated with a commercial facility generating electricity shall be made in accord…
W.S. § 1-26-801 Authority of state, counties and municipal corporations to acquire by condemnation proceedings; uranium mill tailings; public purpose
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Authority of state, counties and municipal corporations to acquire by condemnation proceedings; uranium mill tailings; public purpose. (a) The state or any county or municipal corporation may purchase or acquire by condemnation any real estate including streets, alleys or public …
W.S. § 1-26-802 Proceedings by water companies and incorporated cities or towns
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Proceedings by water companies and incorporated cities or towns. Any water company or incorporated city or town of this state may acquire by purchase, grant or condemnation any land, real estate, claim, easement or right-of-way required for or that may be affected by the construc…
W.S. § 1-26-803 Municipal streets and alleys; utility mains or pipes; tax levy
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Municipal streets and alleys; utility mains or pipes; tax levy. Any incorporated city or town in Wyoming may use or authorize the use of its streets and alleys by others, and may obtain by purchase, grant or condemnation in the manner provided by law all necessary lands for the c…
W.S. § 1-26-804 and towns
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and towns. Acquisition of public utility plants by cities Any incorporated city or town of this state may acquire by condemnation, purchase or gift the franchise and the plant, facilities, equipment and property of any person or entity owning or operating in the city or town a fr…
W.S. § 1-26-805 Acquisition of public utility plants by cities and towns; definition of facilities which may be acquired
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Acquisition of public utility plants by cities and towns; definition of facilities which may be acquired. For the purposes of W.S. 1-26-804 through 1-26-809 "public utility service" means and includes communication or transmission of intelligence or messages by telephone service;…
W.S. § 1-26-806 Acquisition of public utility plants by cities and towns; purpose of acquisition; ownership or operation
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Acquisition of public utility plants by cities and towns; purpose of acquisition; ownership or operation. The purpose for which the franchise and plant, facilities, equipment or other property may be acquired is for municipal ownership or operation of the business by the city or …
W.S. § 1-26-807 service
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service. Acquisition of other property for public utility Any incorporated city or town of this state has the further right to acquire by condemnation, purchase or gift any real estate or other property, public or private, whether within or outside the corporate limits of the cit…
W.S. § 1-26-808 acquisition
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acquisition. Election in cities and towns on question of No city or town shall acquire the franchise or the plant, facilities, equipment or other property of any person or entity for the purpose of supplying or furnishing to the public of the city or town any public utility servi…
W.S. § 1-26-809 acquired
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acquired. Determination of value of franchise to be In determining the value of the franchise, consideration shall be given to the total amount paid for the franchise for the entire term of the franchise and deductions made proportioned on the unexpired term of the franchise.
W.S. § 1-26-810 Powers of railroad companies relative to condemnation generally
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Powers of railroad companies relative to condemnation generally. (a) Any railroad company organized under the laws of this state, the laws of the United States or which has been duly organized under the laws of any other state and has filed copies of its articles of incorporation…
W.S. § 1-26-811 Crossing public highways; privileges and duties
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Crossing public highways; privileges and duties. (a) A railroad company may raise or lower any county road or other public highway for the purpose of having its railroad pass over or under the road or highway. Repair or reconstruction of roads or highways shall be expeditiously c…
W.S. § 1-26-812 crossings
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crossings. Constructing, maintaining, abandoning or closing (a) When any person owns land on both sides of any railroad, the company owning the railroad shall construct and maintain reasonably adequate means of crossing the railroad. (b) No railroad shall abandon, close or fail t…
W.S. § 1-26-813 Right-of-way along public ways granted; permission necessary for new lines
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Right-of-way along public ways granted; permission necessary for new lines. (a) Persons authorized to do business in this state for the purpose of constructing, maintaining and operating a public utility or communications company may set their fixtures and facilities along, acros…
W.S. § 1-26-814 Right of eminent domain granted; petroleum or other pipeline companies; purposes
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Right of eminent domain granted; petroleum or other pipeline companies; purposes. Whenever any utility or any petroleum or other pipeline company, authorized to do business in this state, has not acquired by gift or purchase any land, real estate or claim required for the constru…
W.S. § 1-26-815 Right of eminent domain granted; ways of necessity for authorized businesses; purposes; extent
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Right of eminent domain granted; ways of necessity for authorized businesses; purposes; extent. (a) Any person, association, company or corporation authorized to do business in this state may appropriate by condemnation a way of necessity over, across or on so much of the lands o…
W.S. § 1-26-816 Condemnation and certificate of public necessity and convenience
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Condemnation and certificate of public necessity and convenience. No person shall institute a condemnation proceeding relating to any facility for which a certificate of public necessity and convenience is required until the certificate has been issued.
W.S. § 1-26-817 Reservation of right to establish crossings
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Reservation of right to establish crossings. Any condemnation order entered shall in all cases reserve to the owner or occupant of any real property through, over or across which any right-of-way is acquired the right to establish suitable crossings connecting his or their lands …
W.S. § 1-26-818 Right of eminent domain; energy collector systems; authorization; restrictions
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Right of eminent domain; energy collector systems; authorization; restrictions. (a) Subject to this section, any person authorized to do business in this state may appropriate by condemnation a way of necessity over, across or on so much of the lands or real property of others as…
W.S. § 1-26-704 W.S. § 1-26-704
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[Repealed or reserved.]