§ 1-26-508 — Entry prior to condemnation action; damages

Wyoming § 1-26-508

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

Text

(a) A condemnor is liable for physical injury to, and for
substantial interference with possession or use of, property
caused by his entry and activities upon the property. This
liability may be enforced in a civil action against the
condemnor or by application to the court as provided by
subsection (c) of this section unless voluntarily paid by the
condemnor.
(b) In an action or other proceeding for recovery of
damages under this section, the prevailing party shall be
allowed his costs. In addition, the court shall award the
condemnee his litigation expenses incurred in any proceeding
under W.S. 1-26-507 if it finds that the condemnor:
(i) Entered the property unlawfully;
(ii) Entered upon the property lawfully but
thereafter engaged in activities upon the property which caused
significant damage to the property not reasonably necessary to
the purposes of the entry; or
(iii) Failed substantially to comply with an order
made under W.S. 1-26-507.
(c) If funds are on deposit under W.S. 1-26-507, the owner
or other person entitled to damages under subsection (a) of this
section may apply to the court for an award of the amount he is
entitled to recover. The court shall determine the amount and
award it to the person entitled thereto and direct that its
payment be made out of the money on deposit. If the amount on
deposit is insufficient to pay the full amount, the court shall
enter judgment against the condemnor for the unpaid portion.