§ 1-26-801 — Authority of state, counties and municipal corporations to acquire by condemnation proceedings; uranium mill tailings; public purpose

Wyoming § 1-26-801

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 26: EMINENT DOMAIN
• Art. 8: POWER OF EMINENT DOMAIN GRANTED

Text

(a) The state or any county or municipal corporation may
purchase or acquire by condemnation any real estate including
streets, alleys or public highways, as sites for public
buildings or for any other necessary public purpose. Proceedings
in condemnation shall be conducted in the name of the state,
county or municipal corporation and by the attorney general when
for the state, the county attorney when for the county and the
municipal attorney when for a municipal corporation.
(b) In carrying out responsibilities under P.L. 95-604,
the state may purchase or acquire by condemnation any real
estate or radioactive materials if determined necessary to
stabilize and control uranium mill tailings in a safe and
environmentally sound manner. Proceedings in condemnation 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
of the land by a public entity. "Public purpose" shall not
include the taking of private property by a public entity for
the purpose of transferring the property to another private
individual or private entity except in the case of condemnation
for the purpose of protecting the public health and safety, in
which event the public entity may transfer the condemned
property for value to a private individual or entity. However,
nothing in this section shall restrict or impair the right or
authority of the Wyoming energy authority to transfer property
condemned by the authority to another public or private entity
insofar as the transfer is consistent with the statutory
purposes or duties of the authority.
(i) Repealed by Laws 2019, ch. 34, § 4.
(ii) Repealed by Laws 2019, ch. 34, § 4.
(d) If a public entity acquires property in fee simple
title under this chapter but fails to make substantial use of
the property for a period of ten (10) years, there is a
presumption that the property is no longer needed for a public
purpose and the previous owner or his successor may apply to the
court to request that the property be returned to the previous
owner or his successor upon repayment of the amount originally
received for the property in the condemnation action. A public
entity may rebut the presumption created under this subsection
by showing good cause for the delay in using the property.