Title 1, Title 1 — Code Of Civil Procedure

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…

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.

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 …

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…

Petition to be under oath; contents. (a) The petition for the writ of habeas corpus shall be sworn to and shall state: (i) The person for whom the writ is sought is restrained of his liberty, by whom he is restrained and the place where he is restrained, stating the names of the …

Petition to be verified; presentation. The petition shall be sworn to by the person confined or by someone in his behalf, and presented to a court or officer authorized to allow the writ.

Courts and judges allowing writ; service in any part of state. The writ of habeas corpus may be allowed by the supreme or district court or by any judge of those courts. It may be served in any part of the state.

Petition to be made to nearest judge. Petition for a writ shall be made to the court or judge most convenient in point of distance to the applicant. A more remote court or judge may refuse the writ unless a sufficient reason is stated in the petition for not applying to the more …

Writ to be allowed if grounds sufficient; contents of writ. (a) The writ shall be allowed if the petition shows a sufficient ground for relief and is in accordance with the foregoing requirements. (b) The writ shall be directed to the person having custody of or who is alleged to…

Issuance of writ. When the writ is allowed by a court, it is to be issued by the clerk, but when allowed by a judge he must issue the writ himself, subscribing his name thereto without any seal.

Reasons to be assigned for disallowance. If the writ is disallowed, the court or judge shall cause the reasons of the disallowance to be appended to the petition and returned to the person applying for the writ.

Penalty for wrongful disallowance. Any judge, acting individually or as a member of a court, who wrongfully and willfully refuses the allowance of the writ when properly applied for, shall forfeit to the party aggrieved the sum of one thousand dollars ($1,000.00).

Duty of court to issue writ without application in certain instances. Whenever any court or judge authorized to grant this writ has evidence from a judicial proceeding before it that any person within the jurisdiction of the court or judge is illegally imprisoned or restrained, t…

Service of writ. The writ may be served by the sheriff or by any other person appointed by the issuing court or judge for that purpose. If served by any person other than the sheriff, he possesses the same power and is liable to the same penalty for a nonperformance of his duty a…

Manner of service. Service shall be made by leaving the original writ with the person to whom it is directed as defendant and preserving a copy on which to make the return of service. If the defendant cannot be found, or if he does not have the plaintiff in custody, service may b…

Authorization to arrest defendant. If the defendant conceals himself or refuses admittance to the person attempting to serve the writ, or if he attempts wrongfully to carry the plaintiff out of the county or state after service of the writ, the person attempting to serve the writ…

Power of sheriff making arrest. In order to make the arrest, the sheriff or other person having the writ possesses the same power as a sheriff for the arrest of a person charged with a felony.

Plaintiff may be taken in custody by officer; power of officer. If the plaintiff is found and no one appears to have charge or custody of him, the person having the writ may take him into custody and make return accordingly. To get possession of the plaintiff's person in such cas…

Order for summary production of plaintiff. The court or judge to whom the petition for the writ is made may order the sheriff or any other person to bring the plaintiff promptly before the court or judge if convinced that the plaintiff will suffer irreparable injury before he can…