§ 1-26-509 — Negotiations; scope of efforts to purchase

Wyoming § 1-26-509

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 26: EMINENT DOMAIN
• Art. 5: GENERALLY

Text

(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 and to the extent not otherwise forbidden by law,
shall negotiate in good faith and may contract with respect to:
(i) Any element of valuation or damages recognized by
law as relevant to the amount of just compensation payable for
the property;
(ii) The extent, term or nature of the property
interest or other right to be acquired;
(iii) The quantity, location or boundary of the
property;
(iv) The acquisition, removal, relocation or
disposition of improvements 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 or other amounts authorized by law; and
(vii) Any other terms or conditions deemed
appropriate by either of the parties.
(c) Good faith negotiation shall include, but not be
limited to, written notice of the following:
(i) To the extent reasonably known at the time, the
proposed project, the land proposed to be condemned, plan of
work, operations and facilities in a manner sufficient to enable
the condemnee to evaluate the effect of the proposed project,
plan of work, operations and facilities on the condemnee's use
of the land;
(ii) The name, address, telephone number and, if
available, facsimile number 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 the property sought, with sufficient detail for
reasonable identification;
(B) An offer that, at the condemnee's request, a
representative of the condemnor will tour the property sought
with the condemnee or the condemnee's representative at a
mutually agreeable time prior to the deadline for the
condemnee's response to the initial written offer to discuss
issues related to the property sought and the initial offer;
(C) An estimate of the fair market value of the
property sought and the general basis for such estimate;
(D) A discussion of the reclamation planned by
the condemnor for the property disturbed by the condemnor's
project;
(E) An offer to acquire the property sought,
allowing the condemnee up to sixty-five (65) days from the date
the initial written offer was sent via certified mail to respond
or make a counter-offer in writing; and
(F) A written notice that the condemnee is under
no obligation to accept the initial written offer but if the
condemnee fails to respond to the initial written offer the
right to object to the good faith of the condemnor may be waived
under W.S. 1-26-510(a), that the condemnor and the condemnee are
obligated to negotiate in good faith for the purchase of the
property sought, that formal legal proceedings may be initiated
if negotiations fail and that the condemnee has a right to seek
advice from an attorney, real estate appraiser, or any other
person of his choice during the negotiations and any subsequent
legal proceedings.
(iv) A written response from the condemnor to any
counter-offer made in writing by the condemnee to the initial
written offer pursuant to subparagraph (iii)(E) of this
subsection.
(d) The written notice required under subsection (c) of
this section shall be given to the condemnee of record as shown
on the records in the county assessor's office at the time, no
less than ninety (90) days prior to commencement of a
condemnation action.
(e) The condemnor shall send by certified mail, return
receipt requested, a notice of final offer at least fifteen (15)
days prior to commencing a condemnation action.
(f) A condemnee shall make reasonable and diligent efforts
to negotiate in good faith with the condemnor including a timely
written response to the written offer identified in subparagraph
(c)(iii)(E) of this section, specifying areas of disagreement.
(g) The condemnor shall reimburse the condemnee for all
reasonable litigation expenses if a court finds the condemnor
failed to negotiate in good faith as required under subsections
(b) through (e) of this section, or to comply with any
requirements of W.S. 1-26-504(a).
(h) At any time in the negotiation, at the request of
either party and upon mutual agreement, dispute resolution
processes including mediation or arbitration may be employed or
the informal procedures for resolving disputes established
pursuant to W.S. 11-41-101 through 11-41-110 may be requested
through the Wyoming agriculture and natural resource mediation
board.
(j) If a court or jury finds that the fair market value of
the property sought by the condemnor is more than one hundred
fifteen percent (115%) of the final offer required by subsection
(e) of this section, the condemnor shall reimburse the condemnee
for all reasonable litigation expenses incurred after the
condemnee's receipt of the final offer.
(k) Attorney's fees and other expenses awarded under this
section from a public entity to a condemnee shall be reported by
the public entity which paid the fees, to the Wyoming attorney
general within sixty (60) days of the award. The Wyoming
attorney general shall collect this data and report annually to
the governor on the amount of all taxpayer funded fee awards,
beginning July 31, 2014. The report shall identify the name of
each party to whom an award was made, the name of each counsel
of record representing each party to whom an award was made, the
public agency which paid each award and the total amount of each
award.