§ 1-26-714 — Reclamation and restoration

Wyoming § 1-26-714

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 26: EMINENT DOMAIN
• Art. 7: COMPENSATION

Text

(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
return the property and improvements to the condition existing
prior to the condemnation to the extent that reasonably can be
accomplished.
(b) Reclamation and restoration shall include but not be
limited to, grading to the natural contour, replacement of
topsoil, the planting and establishment of appropriate ground
cover and control of weeds resulting from condemnor's
disturbance, as follows:
(i) In the case of a growing crop for which
compensation has been paid, a ground cover shall be required
only if requested by the condemnee;
(ii) In the case of grazing lands, native grasses and
forbs previously growing on the disturbed land shall be reseeded
and established unless the establishment of alternative
beneficial plants are agreed to by the parties.
(c) The responsibility of the condemnor under this section
shall include the following:
(i) Damages caused by the condemnor, its successors
or its agents during entry prior to condemnation as authorized
by W.S. 1-26-506 and 1-26-507;
(ii) Damages caused by the condemnor, its successors
or its agents during construction of the project under the
condemnation;
(iii) Damages caused by the condemnor, its successors
or its agents subsequent to the construction and during the use
of the property during the time of the condemnor's possession;
(iv) Damages caused by the condemnor, its successors
or its agents in the removal of any facilities or improvements
on the property at the termination of the authorized use;
(v) Restoration and reclamation shall begin as soon
as reasonably possible after completion of project construction,
unless otherwise agreed to by the condemnor and the condemnee.
(d) Nothing herein shall preclude the condemnor and the
condemnee from agreeing to compensation in lieu of the
obligations provided in this section.