§ 1-26-505 — Condemnation of property devoted to a public use

Wyoming § 1-26-505

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

Text

(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 property appropriated to public use if the proposed
use will not unreasonably interfere with or impair the
continuance of the public use as it then exists or may
reasonably be expected to exist in the future. The burden of
proving that a proposed use will not unreasonably interfere with
or impair the continuance of the existing public use is on the
prospective condemnor.
(b) Where property is taken under subsection (a) of this
section, the parties shall attempt to make an agreement
determining the conditions upon which the property is taken and
the manner and extent of its use by each of the parties. Except
as otherwise provided by law, if the parties are unable to
agree, the court shall fix the terms and conditions upon which
the property is taken and the manner and extent of its use by
each of the parties.