§ 15-9-114 — Condemnation

Wyoming § 15-9-114

• Jurisdiction: Wyoming
• Title 15: Cities and Towns
• Ch. 9: URBAN RENEWAL
• Art. 1: URBAN DEVELOPMENT

Text

(a) A municipality has the right to acquire by
condemnation any interest in real property, including a fee
simple title thereto, which it deems necessary for or in
connection with an urban renewal project under this chapter. A
municipality may exercise the power of eminent domain in the
manner now provided or which may be hereafter provided by any
other statutory provisions. Property already devoted to a public
use may be acquired in like manner, provided that no real
property belonging to the United States, the state or any
political subdivision thereof, may be acquired without its
consent.
(b) In any proceeding to fix compensation for damages for
the taking or damaging of property, or any interest therein,
through the exercise of the power of eminent domain or
condemnation, evidence or testimony bearing upon the following
matters is admissible and shall be considered, in addition to
evidence or testimony otherwise admissible, in fixing the
compensation for damages:
(i) Any use, condition, occupancy or operation of the
property, which is unlawful or violative of or subject to
elimination, abatement, prohibition or correction under any law
or any ordinance or regulatory measure of the state, county,
municipality, other political subdivisions or any agency
thereof, in which the property is located, as being unsafe,
substandard, unsanitary or otherwise contrary to the public
health, safety or welfare;
(ii) The effect on the value of the property of any
such use, condition, occupancy or operation, or of the
elimination, abatement, prohibition or correction of any such
use, condition, occupancy or operation.
(c) The testimony or evidence specified in subsection (b)
of this section is admissible notwithstanding that no action has
been taken by any public body or public office toward the
abatement, prohibition, elimination or correction of any such
use, condition, occupancy or operation. Testimony or evidence
that any public body or public office charged with the duty or
authority so to do has rendered, made or issued any judgment,
decree, determination or order for the abatement, prohibition,
elimination or correction of any such use, condition, occupancy
or operation is admissible and is prima facie evidence of the
existence and character of that use, condition or operation.