Title 1, Title 1 — Code Of Civil Procedure

Short title. (a) This act shall be cited as the "Wyoming Eminent Domain Act". (b) Except as otherwise specifically provided by statute, the power of eminent domain may be exercised only as provided by this act and the Wyoming Rules of Civil Procedure to the extent the Rules of Ci…

Definitions. (a) As used in this act: (i) "Condemn" means to take property under the power of eminent domain; (ii) "Condemnee" means a person who has or claims an interest in property that is the subject of a prospective or pending condemnation action; (iii) "Condemnor" means a p…

Public use required; other acquisitions. (a) Nothing in this act requires that the power of eminent domain be exercised to acquire property. Whether property necessary for public use is to be acquired by purchase, other means or by eminent domain is a decision left to the discret…

Requirements to exercise eminent domain. (a) Except as otherwise provided by law, the power of eminent domain may be exercised to acquire property for a proposed use only if all of the following are established: (i) The public interest and necessity require the project or the use…

Condemnation of property devoted to a public use. (a) If a proposed use cannot be obtained under W.S. 1-26-813, any condemnor may exercise the power of eminent domain to acquire property appropriated to public use if the proposed use will not unreasonably interfere with or impair…

Entry prior to condemnation action. (a) A condemnor and its agents and employees may enter upon real property and make surveys, examinations, photographs, tests, soundings, borings and samplings, or engage in other activities for the purpose of appraising the property or determin…

Entry prior to condemnation action; court orders. (a) If reasonable efforts to accomplish a lawful entry or to perform authorized activities upon real property under W.S. 1-26-506 have been obstructed or denied the condemnor may apply to the district court for an order permitting…

Entry prior to condemnation action; damages. (a) A condemnor is liable for physical injury to, and for substantial interference with possession or use of, property caused by his entry and activities upon the property. This liability may be enforced in a civil action against the c…

Negotiations; scope of efforts to purchase. (a) A condemnor shall make reasonable and diligent efforts to acquire property by good faith negotiation. (b) In attempting to acquire the property by purchase under W.S. 1-26-510, the condemnor, acting within the scope of its powers an…

Preliminary efforts to purchase. (a) Except as provided in W.S. 1-26-511, an action to condemn property may not be maintained over timely objection by the condemnee unless the condemnor made a good faith effort to acquire the property by purchase before commencing the action. A c…

Purchase efforts waived or excused. (a) A condemnor's failure or inability substantially to comply with W.S. 1-26-509 and 1-26-510 does not bar the maintenance of a condemnation action, notwithstanding timely objection, if: (i) Compliance is waived by written agreement between th…

Contents of authorization. (a) A public entity may not commence a condemnation action until it has first adopted a written resolution in substantial conformity with this section, authorizing commencement and prosecution of the action. The authorization may be amended or rescinded…

Deposit at commencement of action. (a) At the time of commencing an eminent domain proceeding the condemnor shall deposit in court an amount equal to the condemnor's last offer of settlement prior to the action. Upon motion of the condemnee and following a hearing if the amount o…

Interest taken; due compensation. (a) In the case of public entities the court may grant an easement or fee simple title to the public entity if necessary for the purpose for which the land was condemned. In cases not involving public entities, following determination of due comp…

Abandonment, nonuse or new use. Upon abandonment, nonuse for a period of ten (10) years, or transfer or attempted transfer to a use where the transferee could not have condemned for the new use, or where the new use is not identical to the original use and new damages to the land…

Action for inverse condemnation. When a person possessing the power of condemnation takes possession of or damages land in which he has no interest, or substantially diminishes the use or value of land, due to activities on adjoining land without the authorization of the owner of…

Informal claims procedure authorized. This article applies whenever only the amount of compensation is in dispute and the total compensation demanded by any condemnee is less than twenty thousand dollars ($20,000.00), excluding interest and costs, or the difference between the la…

Request for informal procedure. A party may file with the court a written request that the issue of the amount of compensation be determined under this article, identifying the property and setting forth the amount of the condemnor's latest offer and the condemnee's latest demand…

Hearing. (a) If the court determines that the request should be granted, it shall hold a hearing upon reasonable notice to the parties to determine compensation. (b) The court shall proceed without a jury and in an informal manner. The parties may present oral and documentary pro…

Demand for retrial. (a) Either party, within thirty (30) days after entry of the judgment, may reject the judgment and file a written demand for trial. The action shall be restored to the docket of the court as though proceedings under this article had not occurred. (b) If the co…

Compensation standards. (a) An owner of property or an interest in property taken by eminent domain is entitled to compensation determined under the standards prescribed by W.S. 1-26-701 through 1-26-715. (b) Unless otherwise provided by law, the right to compensation accrues upo…

Compensation for taking. (a) Except as provided in subsection (b) of this section, the measure of compensation for a taking of property is its fair market value determined under W.S. 1-26-704 as of the date of valuation. (b) If there is a partial taking of property, the measure o…

Date of valuation. The date of valuation is the date upon which the condemnation action was commenced.

Fair market value defined. (a) Except as provided in subsection (b) of this section: (i) The fair market value of property for which there is a relevant market is the price which would be agreed to by an informed seller who is willing but not obligated to sell, and an informed bu…

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…

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…

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 …

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…

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…

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.

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…

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…

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) …

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…

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…

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 …

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…

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…

Acquisition of public utility plants by cities and towns. 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…

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;…

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 …

Acquisition of other property for public utility service. 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…

Election in cities and towns on question of acquisition. 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…

Determination of value of franchise to be acquired. 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.

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…

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…

Constructing, maintaining, abandoning or closing crossings. (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…

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…

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…

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…