§ 9-5-302 — Definitions

Wyoming § 9-5-302

• Jurisdiction: Wyoming
• Title 09: Administration of the Government
• Ch. 5: PROPERTY AND BUILDINGS
• Art. 3: REGULATORY TAKINGS

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(a) As used in this act:
(i) "Constitutional implications" means the
unconstitutional taking of private property as determined by the
attorney general in light of current case law;
(ii) "Government agency" means the state of Wyoming
and any officer, agency, board, commission, department or
similar body of the executive branch of state government;
(iii) "Governmental action" or "action":
(A) Means:
(I) Proposed rules by a state agency that
if adopted and enforced may limit the use of private property;
(II) Required dedications or exactions from
owners of private property by a state agency.
(B) Does not include:
(I) Activity in which the power of eminent
domain is exercised formally;
(II) Repealing rules discontinuing
governmental programs or amending rules in a manner that lessens
interference with the use of private property;
(III) Law enforcement activity involving
seizure or forfeiture of private property for violations of law
or as evidence in criminal proceedings;
(IV) Orders that are authorized by statute,
that are issued by a state agency or a court of law and that
were the result of a violation of state law;
(V) Actions necessary to maintain or
protect public health and safety.
(iv) "Private property" means property protected by
amendments V and XIV of the constitution of the United States or
article 1, section 33 of the constitution of the state of
Wyoming;
(v) "Taking" means an uncompensated taking of private
property in violation of the state or federal constitution;
(vi) "This act" means W.S. 9-5-301 through 9-5-305.