§ 1-26-507 — Entry prior to condemnation action; court orders

Wyoming § 1-26-507

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

Text

(a) If reasonable efforts to accomplish a lawful entry or
to perform authorized activities upon real property under W.S.
1-26-506 have been obstructed or denied the condemnor may apply
to the district court for an order permitting entry.
(b) Unless after notice and hearing good cause to the
contrary is shown, the court shall make its order permitting and
describing the purpose of the entry and setting forth the nature
and scope of activities the court determines are reasonably
necessary and authorized to be made upon the property. In
addition to requiring a deposit under subsection (c) of this
section, the order shall include terms and conditions with
respect to the time, place and manner of entry and authorized
activities upon the property which will facilitate the purpose
of the entry and minimize damage, hardship and burden to the
parties.
(c) An order permitting entry under subsection (b) of this
section shall include a determination by the court of the
amount, if any, that will fairly compensate the owner or any
other person in lawful possession or physical occupancy of the
property for damages for physical injury to the property and for
substantial interference with its possession or use, found
likely to be caused by the entry and activities authorized by
the order and shall require the condemnor to deposit cash or
other security with the court before entry. The clerk of court
shall invest any cash deposit in any legal interest bearing
investment and the interest earnings shall accrue to the account
of the condemnor. Unless sooner disbursed by court order, the
cash or other security shall be retained on deposit for six (6)
months following termination of the entry. The court for good
cause may extend the period of retention.
(d) After notice and hearing the court may modify an order
under subsection (c) of this section. If a deposit is required
or the amount required to be deposited is increased by an order
of modification, the court shall specify the time within which
the required amount must be deposited and may direct that any
further entry or specified activities or studies under the order
modified be stayed until the required deposit has been made.