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CHAPTER 26 - EMINENT DOMAIN

ARTICLE 1 - PUBLIC BUILDING AND SCHOOL SITES; PUBLIC UTILITYPLANTS AND FACILITIES

1-26-101. Repealed by Laws 1981, ch. 174, 3.

1-26-102. Repealed by Laws 1981, ch. 174, 3.

1-26-103. Repealed by Laws 1981, ch. 174, 3.

1-26-104. Repealed by Laws 1981, ch. 174, 3.

1-26-105. Repealed by Laws 1981, ch. 174, 3.

1-26-106. Repealed by Laws 1981, ch. 174, 3.

1-26-107. Repealed by Laws 1981, ch. 174, 3.

1-26-108. Repealed by Laws 1981, ch. 174, 3.

1-26-109. Repealed by Laws 1981, ch. 174, 3.

1-26-110. Repealed by Laws 1981, ch. 174, 3.

ARTICLE 2 - RAILROADS

1-26-201. Repealed by Laws 1981, ch. 174, 3.

1-26-202. Repealed by Laws 1981, ch. 174, 3.

1-26-203. Repealed by Laws 1981, ch. 174, 3.

1-26-204. Repealed by Laws 1981, ch. 174, 3.

1-26-205. Repealed by Laws 1981, ch. 174, 3.

1-26-206. Repealed by Laws 1981, ch. 174, 3.

1-26-207. Repealed by Laws 1981, ch. 174, 3.

1-26-208. Repealed by Laws 1981, ch. 174, 3.

1-26-209. Repealed by Laws 1981, ch. 174, 3.

1-26-210. Repealed by Laws 1981, ch. 174, 3.

ARTICLE 3 - ROADS, DITCHES AND FLUMES; PIPE, ELECTRICTRANSMISSION, TELEPHONE AND TELEGRAPH LINES

1-26-301. Repealed by Laws 1981, ch. 174, 3.

1-26-302. Repealed by Laws 1981, ch. 174, 3.

1-26-303. Repealed by Laws 1981, ch. 174, 3.

ARTICLE 4 - WAYS OF NECESSITY FOR CERTAIN PURPOSES

1-26-401. Repealed by Laws 1981, ch. 174, 3.

1-26-402. Repealed by Laws 1981, ch. 174, 3.

1-26-403. Repealed by Laws 1981, ch. 174, 3.

1-26-404. Repealed by Laws 1981, ch. 174, 3.

1-26-405. Repealed by Laws 1981, ch. 174, 3.

ARTICLE 5 - GENERALLY

1-26-501. Short title.

(a) This act shall be cited as the "Wyoming Eminent DomainAct".

(b) Except as otherwise specifically provided by statute, thepower of eminent domain may be exercised only as provided by this act and theWyoming Rules of Civil Procedure to the extent the Rules of Civil Procedure donot conflict with this act.

1-26-502. Definitions.

(a) As used in this act:

(i) "Condemn" means to take property under the powerof eminent domain;

(ii) "Condemnee" means a person who has or claims aninterest in property that is the subject of a prospective or pendingcondemnation action;

(iii) "Condemnor" means a person empowered to condemn;

(iv) "Litigation expenses" means the reasonable costs,disbursements and expenses, including attorney, appraisal and engineering fees,associated with a condemnation proceeding;

(v) "Public entity" means the state of Wyoming andits agencies, municipalities, counties, school districts, politicalsubdivisions and special districts;

(vi) "This act" means W.S. 1-26-501 through 1-26-817.

1-26-503. Public use required; other acquisitions.

(a) Nothing in this act requires that the power of eminentdomain be exercised to acquire property. Whether property necessary for publicuse is to be acquired by purchase, other means or by eminent domain is adecision left to the discretion of the person authorized to acquire theproperty.

(b) Subject to any other statute relating to the acquisition ofproperty, any person or public entity authorized to acquire property for aparticular use by eminent domain may also acquire the property for the use bygrant, purchase, lease, gift, devise, contract or other means.

1-26-504. Requirements to exercise eminent domain.

(a) Except as otherwise provided by law, the power of eminentdomain may be exercised to acquire property for a proposed use only if all ofthe following are established:

(i) The public interest and necessity require the project orthe use of eminent domain is authorized by the Wyoming Constitution;

(ii) The project is planned or located in the manner that willbe most compatible with the greatest public good and the least private injury;and

(iii) The property sought to be acquired is necessary for theproject.

(b) Findings of the public service commission, the interstatecommerce commission and other federal and state agencies with appropriatejurisdiction are prima facie valid relative to determinations under subsection(a) of this section if the findings were made in accordance with law withnotice to condemnees who are parties to the condemnation action and are finalwith no appeals from the determinations pending.

(c) When a public entity determines that there is a reasonableprobability of locating a particular public project on specificallyidentifiable private property and that the project is expected to be completedwithin two (2) years of that determination, the public entity shall providewritten notice of the intention to consider the location and construction ofthe project to the owner as shown on the records of the county assessor. Thenotice shall include a description of the public interest and necessity of theproposed project. The public entity shall provide an opportunity for theprivate property owners to consult and confer with representatives of thepublic entity regarding the project.

1-26-505. 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 propertyappropriated to public use if the proposed use will not unreasonably interferewith or impair the continuance of the public use as it then exists or mayreasonably be expected to exist in the future. The burden of proving that aproposed use will not unreasonably interfere with or impair the continuance ofthe existing public use is on the prospective condemnor.

(b) Where property is taken under subsection (a) of thissection, the parties shall attempt to make an agreement determining theconditions upon which the property is taken and the manner and extent of itsuse by each of the parties. Except as otherwise provided by law, if the partiesare unable to agree, the court shall fix the terms and conditions upon whichthe property is taken and the manner and extent of its use by each of theparties.

1-26-506. Entry prior to condemnation action.

(a) A condemnor and its agents and employees may enter uponreal property and make surveys, examinations, photographs, tests, soundings,borings and samplings, or engage in other activities for the purpose ofappraising the property or determining whether it is suitable and within the powerof the condemnor to condemn if the entry is:

(i) Preceded by prior notice to the condemnee specifying theparticular activity to be undertaken and the proposed use and potentialrecipient of the data thereby obtained and the condemnee has been given fifteen(15) days to grant written authorization;

(ii) Undertaken during reasonable hours, normally duringdaylight;

(iii) Accomplished peaceably and without inflicting substantialinjury to land, crops, improvements, livestock or current business operations.

(b) The entry and activities authorized by this section do notconstitute a trespass.

(d) Subject to applicable confidentiality restrictions underfederal or state law, the results of survey information acquired from theproperty sought related to threatened and endangered species, culturalresources and archeological resources shall be made available to the condemneeupon request.

1-26-507. Entry prior to condemnation action; court orders.

(a) If reasonable efforts to accomplish a lawful entry or toperform authorized activities upon real property under W.S. 1-26-506 have beenobstructed or denied the condemnor may apply to the district court for an orderpermitting entry.

(b) Unless after notice and hearing good cause to the contraryis shown, the court shall make its order permitting and describing the purposeof the entry and setting forth the nature and scope of activities the courtdetermines are reasonably necessary and authorized to be made upon theproperty. In addition to requiring a deposit under subsection (c) of thissection, the order shall include terms and conditions with respect to the time,place and manner of entry and authorized activities upon the property whichwill facilitate the purpose of the entry and minimize damage, hardship andburden to the parties.

(c) An order permitting entry under subsection (b) of thissection shall include a determination by the court of the amount, if any, thatwill fairly compensate the owner or any other person in lawful possession orphysical occupancy of the property for damages for physical injury to theproperty and for substantial interference with its possession or use, foundlikely to be caused by the entry and activities authorized by the order andshall require the condemnor to deposit cash or other security with the courtbefore entry. The clerk of court shall invest any cash deposit in any legalinterest bearing investment and the interest earnings shall accrue to theaccount of the condemnor. Unless sooner disbursed by court order, the cash orother security shall be retained on deposit for six (6) months followingtermination of the entry. The court for good cause may extend the period ofretention.

(d) After notice and hearing the court may modify an orderunder subsection (c) of this section. If a deposit is required or the amountrequired to be deposited is increased by an order of modification, the courtshall specify the time within which the required amount must be deposited andmay direct that any further entry or specified activities or studies under theorder modified be stayed until the required deposit has been made.

1-26-508. Entry prior to condemnation action; damages.

(a) A condemnor is liable for physical injury to, and forsubstantial interference with possession or use of, property caused by hisentry and activities upon the property. This liability may be enforced in acivil action against the condemnor or by application to the court as providedby subsection (c) of this section unless voluntarily paid by the condemnor.

(b) In an action or other proceeding for recovery of damagesunder this section, the prevailing party shall be allowed his costs. Inaddition, the court shall award the condemnee his litigation expenses incurredin any proceeding under W.S. 1-26-507 if it finds that the condemnor:

(i) Entered the property unlawfully;

(ii) Entered upon the property lawfully but thereafter engagedin activities upon the property which caused significant damage to the propertynot reasonably necessary to the purposes of the entry; or

(iii) Failed substantially to comply with an order made underW.S. 1-26-507.

(c) If funds are on deposit under W.S. 1-26-507, the owner orother person entitled to damages under subsection (a) of this section may applyto the court for an award of the amount he is entitled to recover. The courtshall determine the amount and award it to the person entitled thereto anddirect that its payment be made out of the money on deposit. If the amount ondeposit is insufficient to pay the full amount, the court shall enter judgmentagainst the condemnor for the unpaid portion.

1-26-509. Negotiations; scope of efforts to purchase.

(a) A condemnor shall make reasonable and diligent efforts toacquire property by good faith negotiation.

(b) In attempting to acquire the property by purchase underW.S. 1-26-510, the condemnor, acting within the scope of its powers and to theextent not otherwise forbidden by law, shall negotiate in good faith and maycontract with respect to:

(i) Any element of valuation or damages recognized by law asrelevant to the amount of just compensation payable for the property;

(ii) The extent, term or nature of the property interest orother right to be acquired;

(iii) The quantity, location or boundary of the property;

(iv) The acquisition, removal, relocation or disposition ofimprovements upon the property and of personal property not sought to be taken;

(v) The date of proposed entry and physical dispossession;

(vi) The time and method of payment of agreed compensation orother amounts authorized by law; and

(vii) Any other terms or conditions deemed appropriate by eitherof the parties.

(i) To the extent reasonably known at the time, the proposedproject, the land proposed to be condemned, plan of work, operations andfacilities in a manner sufficient to enable the condemnee to evaluate theeffect of the proposed project, plan of work, operations and facilities on thecondemnee's use of the land;

(ii) The name, address, telephone number and, if available, facsimilenumber and electronic mail address of the condemnor and his designee, if any;

(iii) An initial written settlement offer that shall include:

(A) A description of the general location and extent of theproperty sought, with sufficient detail for reasonable identification;

(B) An offer that, at the condemnee's request, a representativeof the condemnor will tour the property sought with the condemnee or thecondemnee's representative at a mutually agreeable time prior to the deadlinefor the condemnee's response to the initial written offer to discuss issuesrelated to the property sought and the initial offer;

(D) A discussion of the reclamation planned by the condemnorfor the property disturbed by the condemnor's project;

(E) An offer to acquire the property sought, allowing thecondemnee up to sixty-five (65) days from the date the initial written offerwas sent via certified mail to respond or make a counter-offer in writing; and

(F) A written notice that the condemnee is under no obligationto accept the initial written offer but if the condemnee fails to respond tothe initial written offer the right to object to the good faith of thecondemnor may be waived under W.S. 1-26-510(a), that the condemnor and thecondemnee are obligated to negotiate in good faith for the purchase of theproperty sought, that formal legal proceedings may be initiated if negotiationsfail and that the condemnee has a right to seek advice from an attorney, realestate appraiser, or any other person of his choice during the negotiations andany subsequent legal proceedings.

(iv) A written response from the condemnor to any counter-offermade in writing by the condemnee to the initial written offer pursuant tosubparagraph (iii)(E) of this subsection.

(d) The written notice required under subsection (c) of thissection shall be given to the condemnee of record as shown on the records inthe county assessor's office at the time, no less than ninety (90) days priorto commencement of a condemnation action.

(e) The condemnor shall send by certified mail, return receiptrequested, a notice of final offer at least fifteen (15) days prior tocommencing a condemnation action.

(f) A condemnee shall make reasonable and diligent efforts tonegotiate in good faith with the condemnor including a timely written responseto the written offer identified in subparagraph (c)(iii)(E) of this section,specifying areas of disagreement.

(g) The condemnor shall reimburse the condemnee for allreasonable litigation expenses if a court finds the condemnor failed tonegotiate in good faith as required under subsections (b) through (e) of thissection or to comply with W.S. 1-26-504(a)(ii) and (iii).

(h) At any time in the negotiation, at the request of eitherparty and upon mutual agreement, dispute resolution processes includingmediation or arbitration may be employed or the informal procedures forresolving disputes established pursuant to W.S. 11-41-101 through 11-41-110 maybe requested through the Wyoming agriculture and natural resource mediationboard.

1-26-510. Preliminary efforts to purchase.

(a) Except as provided in W.S. 1-26-511, an action to condemnproperty may not be maintained over timely objection by the condemnee unlessthe condemnor made a good faith effort to acquire the property by purchasebefore commencing the action. A condemnee may not object to the good faith ofthe condemnor if the condemnee has failed to respond to an initial writtenoffer as provided in W.S. 1-26-509(c)(iii)(E) and the condemnor has met therequirements of W.S. 1-26-509(c).

(b) Negotiations conducted in substantial compliance with W.S.1-26-509(b) through (e) are prima facie evidence of "good faith" bythe condemnor under subsection (a) of this section.

1-26-511. Purchase efforts waived or excused.

(a) A condemnor's failure or inability substantially to complywith W.S. 1-26-509 and 1-26-510 does not bar the maintenance of a condemnationaction, notwithstanding timely objection, if:

(i) Compliance is waived by written agreement between theproperty owner and the condemnor;

(ii) One (1) or more of the owners of the property is unknown,cannot with reasonable diligence be contacted, is incapable of contracting andhas no legal representative, or owns an interest which cannot be acquired bycontract; or

(iii) Due to an emergency affecting public health or safety,there is a compelling need to avoid the delay in commencing the action whichcompliance would require.

1-26-512. Contents of authorization.

(a) A public entity may not commence a condemnation actionuntil it has first adopted a written resolution in substantial conformity withthis section, authorizing commencement and prosecution of the action. Theauthorization may be amended or rescinded at any time before or aftercommencement of the condemnation action but if rescinded the public entityshall pay the litigation expenses of the condemnee.

(b) In addition to other requirements imposed by law, thecondemnation authorization required by subsection (a) of this section shallinclude:

(i) A general statement of the proposed public use for whichthe property is to be taken and a reference to the specific statute thatauthorizes the taking of the property by the condemnor;

(ii) A description of the general location and extent of theproperty to be taken, with sufficient detail for reasonable identification; and

(iii) A declaration that a taking of the described property isnecessary and appropriate for the proposed public use.

1-26-513. Deposit at commencement of action.

(a) At the time of commencing an eminent domain proceeding thecondemnor shall deposit in court an amount equal to the condemnor's last offerof settlement prior to the action. Upon motion of the condemnee and following ahearing if the amount originally deposited is clearly inadequate, the courtshall order the condemnor to make an additional deposit. The clerk of courtshall invest the deposit in any legal interest bearing investment and interestearnings shall accrue to the account of the condemnor.

(b) The court may waive the requirement of a deposit for apublic entity if the public entity is financially or legally unable to post thedeposit but the public entity may not obtain possession of the property priorto judgment until the appropriate deposit is made.

(c) The condemnee may withdraw any portion of the deposit priorto final judgment which the court determines is not subject to claims ofmortgagees and other claimants. The amount withdrawn constitutes a lien againstthe property of the condemnee and the condemnee is liable to the condemnor forany amount withdrawn which exceeds the final judgment in the action. If the condemneewithdraws any portion of the deposit prior to judgment, he waives all defensesto the action except the right to contest the amount to be awarded and thecondemnor is entitled to immediate possession of the property subject to thecourt's determination of a reasonable period during which the condemnee canremove improvements and take other actions authorized by the court.

1-26-514. Interest taken; due compensation.

(a) In the case of public entities the court may grant aneasement or fee simple title to the public entity if necessary for the purposefor which the land was condemned. In cases not involving public entities,following determination of due compensation the court shall enter an ordergranting an easement to the condemnor which shall not include any claim,interest or property in or to the underlying minerals or mineral estate exceptfor subsurface support.

(b) The court in determining due compensation may authorize alump-sum payment or an annual installment or amortization payment to continuethroughout the term of the easement.

1-26-515. Abandonment, nonuse or new use.

Uponabandonment, nonuse for a period of ten (10) years, or transfer or attemptedtransfer 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 tothe landowner whose property was condemned for the original use will occur, anyeasement authorized under this act terminates.

1-26-516. Action for inverse condemnation.

Whena person possessing the power of condemnation takes possession of or damagesland in which he has no interest, or substantially diminishes the use or valueof land, due to activities on adjoining land without the authorization of theowner of the land or before filing an action of condemnation, the owner of theland may file an action in district court seeking damages for the taking ordamage and shall be granted litigation expenses if damages are awarded to theowner.

ARTICLE 6 - INFORMAL PROCEDURE FOR DISPUTES INVOLVING LIMITEDAMOUNTS

1-26-601. Informal claims procedure authorized.

Thisarticle applies whenever only the amount of compensation is in dispute and thetotal compensation demanded by any condemnee is less than twenty thousanddollars ($20,000.00), excluding interest and costs, or the difference betweenthe latest offer of the condemnor and the latest demand by any condemnee isless than five thousand dollars ($5,000.00). The supreme court may adopt rulesgoverning proceedings under this article.

1-26-602. Request for informal procedure.

Aparty may file with the court a written request that the issue of the amount ofcompensation be determined under this article, identifying the property andsetting forth the amount of the condemnor's latest offer and the condemnee'slatest demand for compensation.

1-26-603. Hearing.

(a) If the court determines that the request should be granted,it shall hold a hearing upon reasonable notice to the parties to determinecompensation.

(b) The court shall proceed without a jury and in an informalmanner. The parties may present oral and documentary proof and may argue insupport of their respective positions but the rules of evidence need not befollowed. Neither party is required to offer the opinion of an expert or to berepresented by an attorney. Unless demanded by a party and at his own expense,a record of testimony received at the hearing need not be kept.

(c) Costs shall be claimed and taxed as in other condemnationactions. Upon entry of judgment, the clerk shall serve upon the parties a copyof the judgment with notice of its entry, together with instructions as to theprocedure for demanding a retrial.

1-26-604. Demand for retrial.

(a) Either party, within thirty (30) days after entry of thejudgment, may reject the judgment and file a written demand for trial. Theaction shall be restored to the docket of the court as though proceedings underthis article had not occurred.

(b) If the condemnor files a demand under subsection (a) ofthis section and ultimately obtains a judgment no more favorable to him, thecourt may require him to pay, in addition to costs, the condemnee's litigationexpenses incurred after the demand was filed.

ARTICLE 7 - COMPENSATION

1-26-701. Compensation standards.

(a) An owner of property or an interest in property taken byeminent domain is entitled to compensation determined under the standardsprescribed by W.S. 1-26-701 through 1-26-713.

(b) Unless otherwise provided by law, the right to compensationaccrues upon the date of possession by the condemnor.

(c) Except as specifically provided by W.S. 1-26-701 through1-26-713, compensation, damages, or other relief to which a person is otherwiseentitled under this act or other law are not affected, but duplication ofpayment is not permitted.

1-26-702. Compensation for taking.

(a) Except as provided in subsection (b) of this section, themeasure of compensation for a taking of property is its fair market valuedetermined under W.S. 1-26-704 as of the date of valuation.

(b) If there is a partial taking of property, the measure ofcompensation is the greater of the value of the property rights taken or theamount by which the fair market value of the entire property immediately beforethe taking exceeds the fair market value of the remainder immediately after thetaking.

1-26-703. Date of valuation.

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

1-26-704. 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 arelevant market is the price which would be agreed to by an informed seller whois willing but not obligated to sell, and an informed buyer who is willing butnot obligated to buy;

(ii) The fair market value of property for which there is norelevant market is its value as determined by any method of valuation that isjust and equitable;

(iii) The determination of fair market value shall use generallyaccepted appraisal techniques and may include:

(A) The value determined by appraisal of the property performedby a certified appraiser;

(B) The price paid for other comparable easements or leases ofcomparable type, size and location on the same or similar property;

(C) Values paid for transactions of comparable type, size andlocation by other companies in arms length transactions for comparabletransactions on the same or similar property.

(b) The fair market value of property owned by an entity organizedand operated upon a nonprofit basis is deemed to be not less than thereasonable cost of functional replacement if the following conditions exist:

(i) The property is devoted to and is needed by the owner inorder to continue in good faith its actual use to perform a public function, orto render nonprofit educational, religious, charitable or eleemosynaryservices; and

(ii) The facilities or services are available to the generalpublic.

(i) The cost of a functionally equivalent site;

(ii) The cost of relocating and rehabilitating improvementstaken, or if relocation and rehabilitation is impracticable, the cost ofproviding improvements of substantially comparable character and of the same orequal utility; and

(iii) The cost of betterments and enlargements required by law orby current construction and utilization standards for similar facilities.

(d) In determining fair market value under this section, noterms or conditions of an agreement containing a confidentiality provisionshall be required to be disclosed unless the release of such information iscompelled by lawful discovery, upon a finding that the information sought isrelevant to a claim or defense of any party in the eminent domain action. Thecourt shall ensure that any such information required to be disclosed remainsconfidential. The provision of this subsection shall not apply if theinformation is contained in a document recorded in the county clerk's office orhas otherwise been made public.

1-26-705. Effect of condemnation action on value.

(a) The fair market value of the property taken, or of theentire property if there is a partial taking, does not include an increase ordecrease in value before the date of valuation that is caused by:

(i) The proposed improvement or project for which the propertyis taken;

(ii) The reasonable likelihood that the property would beacquired for that improvement or project; or

(iii) The condemnation action in which the property is taken.

(b) If, before completion of the project as originally adopted,the project is expanded or changed to require the taking of additionalproperty, the fair market value of the additional property does not include adecrease in value before the date of valuation, but does include an increase invalue before the date on which it became reasonably likely that the expansionor change in the scope of the project would occur, if the decrease or increaseis caused by any of the factors described in subsection (a) of this section.

(c) Notwithstanding subsections (a) and (b) of this section, adecrease in value before the date of valuation which is caused by physicaldeterioration of the property within the reasonable control of the propertyowner, and by his unjustified neglect, may be considered in determining fairmarket value.

1-26-706. Compensation to reflect project as planned.

(a) If there is a partial taking of property, the fair marketvalue of the remainder on the valuation date shall reflect increases ordecreases in value caused by the proposed project including:

(i) Impairment of the use of his other property caused by thecondemnation; and

(ii) The increase in damage to his property by the generalpublic which could reasonably be expected to occur as a result of the proposedactions of the condemnor;

(iii) Any work to be performed under an agreement between theparties or pursuant to W.S. 1-26-714.

1-26-707. Special assessment proceedings excluded.

Ifthere is a partial taking of property and special assessments or charges areimposed upon the remainder to pay for all or part of the project, the increasein value of the remainder, if any, caused by the project shall be considered indetermining its value after the partial taking only to the extent the increaseexceeds the amount of the special assessments or charges.

1-26-708. Use by defendant; risk of loss.

(a) Unless the court otherwise directs, the condemnee may usethe property sought to be taken for any lawful purpose before the date on whichthe condemnor is authorized to take possession.

(b) Thereafter, the condemnee may use the property only for anypurpose or use which is not inconsistent with the estate taken by thecondemnor. The uses authorized by subsection (a) of this section include anynormal work on the property and the planting, cultivation and removal of crops.

(c) The compensation awarded the condemnee shall include anamount sufficient to compensate for loss caused by any temporary restriction orlimitation imposed by the court upon his right to use the property undersubsection (a) of this section.

1-26-709. Compensation for growing crops and improvements.

(a) The compensation for crops growing on the property on thedate of valuation is the higher of the current fair market value of the cropsin place, assuming the right to bring them to maturity and to harvest them, orthe amount by which the existence of the crops enhances the fair market valueof the property.

(b) The compensation for an interest in improvements is thehigher of the fair market value of the improvements, assuming their immediateremoval from the property, or the amount by which the existence of theimprovements enhances the fair market value of the property.

(c) If improvements are destroyed, removed or damaged by thecondemnee after the date of valuation, the amount of compensation shall beadjusted to reflect the extent to which the fair market value of the propertyhas thereby been reduced.

(d) Crops or improvements that are first placed upon theproperty after the date of valuation shall be excluded from consideration indetermining the amount of the award, except that the award shall be adjusted toinclude the reasonable and necessary cost of providing improvements required bylaw and improvements necessary to protect life or property as authorized by thecourt.

1-26-710. Compensation for divided interests.

Theamount of compensation for the taking of property in which divided interestsexist is based upon the fair market value of the property considered as awhole.

1-26-711. Taking of leasehold interest.

(a) If all or part of the property taken includes a leaseholdinterest, the effect of the condemnation action upon the rights and obligationsof the parties to the lease is governed by the provisions of the lease, and inthe absence of applicable provisions in the lease, by this section.

(b) If there is a partial taking and the part of the propertytaken includes a leasehold interest that extends to the remainder, the courtmay determine that:

(i) The lease terminates as to the part of the property takenbut remains in force as to the remainder, in which case the rent reserved inthe lease is extinguished to the extent it is affected by the taking; or

(ii) The lease terminates as to both the part taken and theremainder, if the part taken is essential to the purposes of the lease or theremainder is no longer suitable for the purpose of the lease.

(c) The termination or partial termination of a lease underthis section shall occur at the earlier of the date on which, under an order ofthe court, the condemnor is permitted to take possession of the property, orthe date on which title to the property is transferred to the condemnor.

(d) This section does not affect or impair a lessee's right tocompensation if his leasehold interest is taken in whole or in part.

1-26-712. Acquisition of property subject to lien.

Notwithstandingthe provisions of an agreement, if any, relating to a lien encumbering theproperty neither the condemnor nor condemnee is liable to the lienholder forany penalty for prepayment of the debt secured by the lien, and the amountawarded by the judgment to the lienholder shall not include any penaltytherefor.

1-26-713. 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 theremainder if there is a partial taking, shall be compensated for loss ofgoodwill only if the owner proves that the loss:

(i) Is caused by the taking of the property or the injury tothe remainder;

(ii) Cannot reasonably be prevented by a relocation of thebusiness or by taking steps and adopting procedures that a reasonably prudentperson would take and adopt in preserving the goodwill;

(iii) Will not be included in relocation payments under W.S.16-7-101 through 16-7-121; and

(iv) Will not be duplicated in the compensation awarded to theowner.

(b) Within the meaning of this section, "goodwill"consists of the benefits that accrue to a business as a result of its location,reputation for dependability, skill or quality and any other circumstancesresulting in probable retention of old or acquisition of new patronage.

1-26-714. Reclamation and restoration.

(a) A condemnor who acquires a property right or interest ofless than fee simple title in any land shall be responsible for reclamation onsuch land and for restoration of the land and any improvements thereon. Thereclamation and restoration shall return the property and improvements to thecondition existing prior to the condemnation to the extent that reasonably canbe accomplished.

(b) Reclamation and restoration shall include but not belimited to, grading to the natural contour, replacement of topsoil, theplanting and establishment of appropriate ground cover and control of weedsresulting from condemnor's disturbance, as follows:

(i) In the case of a growing crop for which compensation hasbeen paid, a ground cover shall be required only if requested by the condemnee;

(ii) In the case of grazing lands, native grasses and forbspreviously growing on the disturbed land shall be reseeded and establishedunless the establishment of alternative beneficial plants are agreed to by theparties.

(i) Damages caused by the condemnor, its successors or itsagents during entry prior to condemnation as authorized by W.S. 1-26-506 and1-26-507;

(ii) Damages caused by the condemnor, its successors or itsagents during construction of the project under the condemnation;

(iii) Damages caused by the condemnor, its successors or itsagents subsequent to the construction and during the use of the property duringthe time of the condemnor's possession;

(iv) Damages caused by the condemnor, its successors or itsagents in the removal of any facilities or improvements on the property at thetermination of the authorized use;

(v) Restoration and reclamation shall begin as soon asreasonably possible after completion of project construction, unless otherwiseagreed to by the condemnor and the condemnee.

(d) Nothing herein shall preclude the condemnor and thecondemnee from agreeing to compensation in lieu of the obligations provided inthis section.

ARTICLE 8 - POWER OF EMINENT DOMAIN GRANTED

1-26-801. Authority of state, counties and municipal corporations toacquire by condemnation proceedings; uranium mill tailings; public purpose.

(a) The state or any county or municipal corporation maypurchase or acquire by condemnation any real estate including streets, alleysor public highways, as sites for public buildings or for any other necessarypublic purpose. Proceedings in condemnation shall be conducted in the name ofthe state, county or municipal corporation and by the attorney general when forthe state, the county attorney when for the county and the municipal attorneywhen for a municipal corporation.

(b) In carrying out responsibilities under P.L. 95-604, thestate may purchase or acquire by condemnation any real estate or radioactivematerials if determined necessary to stabilize and control uranium milltailings in a safe and environmentally sound manner. Proceedings incondemnation shall be as provided by this act.

(c) As used in and for purposes of this section only,"public purpose" means the possession, occupation and enjoyment ofthe land by a public entity. "Public purpose" shall not include thetaking of private property by a public entity for the purpose of transferringthe property to another private individual or private entity except in the caseof condemnation for the purpose of protecting the public health and safety, inwhich event the public entity may transfer the condemned property for value toa private individual or entity. However, nothing in this section shall restrictor impair the right or authority of the Wyoming pipeline authority or theWyoming infrastructure authority to transfer property condemned by theauthority to another public or private entity insofar as the transfer isconsistent with the statutory purposes or duties of:

(i) The Wyoming pipeline authority acting pursuant to W.S.37-5-102, as to pipelines as defined in W.S. 37-5-202(a)(iv); or

(ii) The Wyoming infrastructure authority acting pursuant toW.S. 37-5-303, as to facilities as defined in W.S. 37-5-302(a)(iii).

(d) If a public entity acquires property in fee simple titleunder this chapter but fails to make substantial use of the property for aperiod of ten (10) years, there is a presumption that the property is no longerneeded for a public purpose and the previous owner or his successor may applyto the court to request that the property be returned to the previous owner orhis successor upon repayment of the amount originally received for the propertyin the condemnation action. A public entity may rebut the presumption createdunder this subsection by showing good cause for the delay in using theproperty.

1-26-802. Proceedings by water companies and incorporated cities ortowns.

Anywater company or incorporated city or town of this state may acquire bypurchase, grant or condemnation any land, real estate, claim, easement orright-of-way required for or that may be affected by the construction,operation or maintenance of any waterworks.

1-26-803. Municipal streets and alleys; utility mains or pipes; taxlevy.

Anyincorporated city or town in Wyoming may use or authorize the use of itsstreets and alleys by others, and may obtain by purchase, grant or condemnationin the manner provided by law all necessary lands for the construction, layingand operating of mains or pipes for sewers, gas or water for the use of thecities and towns, and for that purpose to have the power to levy a tax withinthe constitutional limits upon all personal and real property within thecorporate limits of the cities and towns.

1-26-804. Acquisition of public utility plants by cities and towns.

Anyincorporated city or town of this state may acquire by condemnation, purchaseor gift the franchise and the plant, facilities, equipment and property of anyperson or entity owning or operating in the city or town a franchise and plant,facilities, equipment or other property used or intended for the purpose ofsupplying or furnishing to the public of the city or town any public utilityservice mentioned in W.S. 1-26-805.

1-26-805. Acquisition of public utility plants by cities and towns;definition of facilities which may be acquired.

Forthe purposes of W.S. 1-26-804 through 1-26-809 "public utilityservice" means and includes communication or transmission of intelligenceor messages by telephone service; electricity for light, heat, power and likepurposes; natural or artificial gas for heat, light, power and like purposes;steam for heat, power and like purposes; or water for municipal, domestic,agricultural, irrigation, manufacturing and like purposes, including surfacewater drainage in accordance with W.S. 16-10-103.

1-26-806. Acquisition of public utility plants by cities and towns;purpose of acquisition; ownership or operation.

Thepurpose for which the franchise and plant, facilities, equipment or otherproperty may be acquired is for municipal ownership or operation of thebusiness by the city or town, which right is hereby given to any incorporatedcity or town.

1-26-807. Acquisition of other property for public utility service.

Anyincorporated city or town of this state has the further right to acquire bycondemnation, purchase or gift any real estate or other property, public orprivate, whether within or outside the corporate limits of the city or town,for rights-of-way, sites, buildings or other purposes connected with ornecessary to carry on the business of municipal ownership or operation of anypublic utility service, or to secure outside connections for any public utilityservice.

1-26-808. Election in cities and towns on question of acquisition.

Nocity or town shall acquire the franchise or the plant, facilities, equipment orother property of any person or entity for the purpose of supplying orfurnishing to the public of the city or town any public utility service unlessauthorized at an election. The election shall be held as provided by law forthe submission of a bond issue under the Political Subdivision Bond ElectionLaw, W.S. 22-21-101 through 22-21-112.

1-26-809. Determination of value of franchise to be acquired.

Indetermining the value of the franchise, consideration shall be given to thetotal amount paid for the franchise for the entire term of the franchise anddeductions made proportioned on the unexpired term of the franchise.

1-26-810. Powers of railroad companies relative to condemnationgenerally.

(a) Any railroad company organized under the laws of thisstate, the laws of the United States or which has been duly organized under thelaws of any other state and has filed copies of its articles of incorporationwith the secretary of state in this state as required by law is authorized to:

(i) Exercise the power of eminent domain to acquirerights-of-way for railroad tracks and easements for offices, depots and otherappurtenant facilities related directly to the operation of the railroad;

(ii) Take, hold and appropriate a right-of-way over adjacentlands sufficient to enable the corporation to construct and repair its roadupon the line of its location or relocation thereof; and

(iii) Acquire a right to conduct water by aqueducts and to makeappropriate drains.

(b) Any land taken, appropriated and held otherwise than by theconsent of the owner shall not exceed two hundred (200) feet in width unlessgreater width is necessary for excavations, embankments, depositing waste earthor for construction of other appurtenant facilities necessary for the operationof the railroad.

1-26-811. Crossing public highways; privileges and duties.

(a) A railroad company may raise or lower any county road orother public highway for the purpose of having its railroad pass over or underthe road or highway. Repair or reconstruction of roads or highways shall beexpeditiously completed.

(b) While engaged in raising or lowering any county road orother public highway or in making any other alteration which may obstruct thepublic way, a railroad company shall provide and maintain suitable temporaryways to enable travelers to avoid or pass obstructions.

1-26-812. 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 reasonablyadequate means of crossing the railroad.

(b) No railroad shall abandon, close or fail to maintain anypublic highway crossing unless in accordance with the provisions of W.S.37-10-102.

(c) No railroad shall abandon, close or fail to maintain anyother existing crossing which has been maintained or recognized by the railroadfor more than five (5) years prior to the effective date of this act without:

(i) Providing written notice of its intended action to everyperson owning lands adjacent to the crossing;

(ii) Advertising its intended action in a newspaper of generalcirculation in the county of the crossing; and

(iii) No sooner than three (3) weeks after providing the noticerequired, holding a meeting open to all persons at which it shall explain andat which persons shall be permitted to express their views on the intendedaction.

(d) Any railroad violating subsection (c) of this section shallnot be entitled to assert any of the powers provided by W.S. 1-26-810 over anylands which are part of or are adjacent to the crossing, until the railroad hasreconstructed the crossing abandoned, closed or not maintained in violation ofsubsection (c) of this section.

(e) In any action involving the abandonment, closing ormaintenance of a railroad crossing which has been maintained or recognized bythe railroad for more than five (5) years prior to the effective date of thisact, the railroad shall not be entitled to assert any of the powers provided byW.S. 1-26-810 over any lands which are part of or are adjacent to the crossingunless the railroad establishes by a preponderance of the evidence:

(i) The closing or abandonment of the crossing is justified byeither financial or safety considerations;

(ii) There exists reasonable alternative means of access to allproperty served by the crossing; and

(iii) That it has complied with the provisions of this sectionand the Wyoming Eminent Domain Act.

(f) Nothing in this section shall be construed as limiting orprohibiting any person from maintaining any other action at law for arailroad's failure to maintain a crossing, or abandonment or closing of acrossing.

1-26-813. Right-of-way along public ways granted; permission necessaryfor new lines.

Corporationsauthorized to do business in this state for the purpose of constructing,maintaining and operating a public utility may set their fixtures andfacilities along, across or under any of the public roads, streets and watersof this state in such manner as not to inconvenience the public in their use.Any public utility desiring to install its facilities in any city shall firstattempt to obtain consent from the city council. A person shall first obtainpermission from the state transportation commission or the board of countycommissioners in the county where the construction is contemplated beforeentering upon any state highway or county road for the purpose of commencingthe construction.

1-26-814. Right of eminent domain granted; petroleum or other pipelinecompanies; purposes.

Wheneverany utility or any petroleum or other pipeline company, authorized to dobusiness in this state, has not acquired by gift or purchase any land, realestate or claim required for the construction, maintenance and operation oftheir facilities and appurtenances or which may be affected by any operationconnected with the construction or maintenance of the same, the utility orcompany has the right of eminent domain and may condemn the easement requiredby the utility or company.

1-26-815. Right of eminent domain granted; ways of necessity forauthorized businesses; purposes; extent.

(a) Any person, association, company or corporation authorizedto do business in this state may appropriate by condemnation a way of necessityover, across or on so much of the lands or real property of others as necessaryfor the location, construction, maintenance and use of reservoirs, drains,flumes, ditches including return flow and wastewater ditches, underground waterpipelines, pumping stations and other necessary appurtenances, canals, electricpower transmission lines and distribution systems, railroad trackage, sidings,spur tracks, tramways, roads or mine truck haul roads required in the course oftheir business for agricultural, mining, exploration drilling and production ofoil and gas, milling, electric power transmission and distribution, domestic,municipal or sanitary purposes, or for the transportation of coal from any coalmine or railroad line or for the transportation of oil and gas from any well.

(b) The right of condemnation may be exercised for the purposeof:

(i) Acquiring, enlarging or relocating ways of necessity; and

(ii) Acquiring easements or rights-of-way over adjacent landssufficient to enable the owner of the way of necessity to construct, repair,maintain and use the structures, roads or facilities for which the way ofnecessity is acquired.

(c) A way of necessity acquired hereunder shall not exceed onehundred (100) feet in width on each side of the outer sides or marginal linesof the reservoir, drain, ditch, underground water pipeline, canal, flume, powertransmission line or distribution system, railroad trackage, siding or tramwayunless a greater width is necessary for excavation, embankment or deposit ofwaste from excavation. In no case may the area appropriated exceed thatactually necessary for the purpose of use for which a way of necessity isauthorized.

(d) No person qualified to exercise the condemnation authoritygranted by this section, except a public utility that has been granted acertificate of public convenience and necessity pursuant to W.S. 37-2-205,shall exercise the authority for the erection, placement or expansion ofcollector systems associated with commercial facilities generating electricityfrom wind. The prohibition imposed by this subsection shall be effectiveimmediately and shall end June 30, 2011, or upon the effective date oflegislation establishing additional conditions for the use of condemnationauthority for the erection, placement or expansion of collector systemsassociated with commercial facilities generating electricity from wind,whichever occurs earlier. As used in this subsection, "collector systemsassociated with commercial facilities generating electricity from wind"means the conductor infrastructure, including conduc