§ 1-26-711 — Taking of leasehold interest

Wyoming § 1-26-711

• Jurisdiction: Wyoming
• Title 01: Civil Procedure
• Ch. 26: EMINENT DOMAIN
• Art. 7: COMPENSATION

Text

(a) If all or part of the property taken includes a
leasehold interest, the effect of the condemnation action upon
the rights and obligations of the parties to the lease is
governed by the provisions of the lease, and in the absence of
applicable provisions in the lease, by this section.
(b) If there is a partial taking and the part of the
property taken includes a leasehold interest that extends to the
remainder, the court may determine that:
(i) The lease terminates as to the part of the
property taken but remains in force as to the remainder, in
which case the rent reserved in the lease is extinguished to the
extent it is affected by the taking; or
(ii) The lease terminates as to both the part taken
and the remainder, if the part taken is essential to the
purposes of the lease or the remainder is no longer suitable for
the purpose of the lease.
(c) The termination or partial termination of a lease
under this section shall occur at the earlier of the date on
which, under an order of the court, the condemnor is permitted
to take possession of the property, or the date on which title
to the property is transferred to the condemnor.
(d) This section does not affect or impair a lessee's
right to compensation if his leasehold interest is taken in
whole or in part.