§ 1-26-504 — Requirements to exercise eminent domain

Wyoming § 1-26-504

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

Text

(a) Except as otherwise provided by law, the power of
eminent domain may be exercised to acquire property for a
proposed use only if all of the following are established:
(i) The public interest and necessity require the
project or the use of eminent domain is authorized by the
Wyoming Constitution;
(ii) The project is planned or located in the manner
that will be most compatible with the greatest public good and
the least private injury; and
(iii) The property sought to be acquired is necessary
for the project.
(b) Findings of the public service commission, the
interstate commerce commission and other federal and state
agencies with appropriate jurisdiction are prima facie valid
relative to determinations under subsection (a) of this section
if the findings were made in accordance with law with notice to
condemnees who are parties to the condemnation action and are
final with no appeals from the determinations pending.
(c) When a public entity determines that there is a
reasonable probability of locating a particular public project
on specifically identifiable private property and that the
project is expected to be completed within two (2) years of that
determination, the public entity shall provide written notice of
the intention to consider the location and construction of the
project to the owner as shown on the records of the county
assessor. The notice shall include a description of the public
interest and necessity of the proposed project. The public
entity shall provide an opportunity for the private property
owners to consult and confer with representatives of the public
entity regarding the project.
(d) A condemnor shall prove each requirement of subsection
(a) of this section by a preponderance of the evidence. Failure
of the condemnor to prove any requirement of subsection (a) of
this section shall result in dismissal of the condemnation
action without prejudice.