reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 5 - Generally › Section 1-26-515 - Abandonment, Nonuse or New Use.

1-26-515. Abandonment, nonuse or new use.
Upon abandonment, nonuse for a period of ten (10) years, or transfer or attempted transfer to a use where the transferee could not have condemned for the new use, or where the new use is not identical to the original use and new damages to the landowner whose property was condemned for the original use will occur, any easement authorized under this act terminates.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 5 - Generally › Section 1-26-516 - Action for Inverse Condemnation.

1-26-516. Action for inverse condemnation.
When a person possessing the power of condemnation takes possession of or damages land in which he has no interest, or substantially diminishes the use or value of land, due to activities on adjoining land without the authorization of the owner of the land or before filing an action of condemnation, the owner of the land may file an action in district court seeking damages for the taking or damage and shall be granted litigation expenses if damages are awarded to the owner.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 6 - Informal Procedure for Disputes Involving Limited Amounts › Section 1-26-601 - Informal Claims Procedure Authorized.

1-26-601. Informal claims procedure authorized.
This article applies whenever only the amount of compensation is in dispute and the total compensation demanded by any condemnee is less than twenty thousand dollars ($20,000.00), excluding interest and costs, or the difference between the latest offer of the condemnor and the latest demand by any condemnee is less than five thousand dollars ($5,000.00). The supreme court may adopt rules governing proceedings under this article.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 6 - Informal Procedure for Disputes Involving Limited Amounts › Section 1-26-602 - Request for Informal Procedure.

1-26-602. Request for informal procedure.
A party may file with the court a written request that the issue of the amount of compensation be determined under this article, identifying the property and setting forth the amount of the condemnor's latest offer and the condemnee's latest demand for compensation.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 6 - Informal Procedure for Disputes Involving Limited Amounts › Section 1-26-603 - Hearing.

1-26-603. Hearing.
(a) If the court determines that the request should be granted, it shall hold a hearing upon reasonable notice to the parties to determine compensation.
(b) The court shall proceed without a jury and in an informal manner. The parties may present oral and documentary proof and may argue in support of their respective positions but the rules of evidence need not be followed. Neither party is required to offer the opinion of an expert or to be represented by an attorney. Unless demanded by a party and at his own expense, a record of testimony received at the hearing need not be kept.
(c) Costs shall be claimed and taxed as in other condemnation actions. Upon entry of judgment, the clerk shall serve upon the parties a copy of the judgment with notice of its entry, together with instructions as to the procedure for demanding a retrial.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 6 - Informal Procedure for Disputes Involving Limited Amounts › Section 1-26-604 - Demand for Retrial.

1-26-604. Demand for retrial.
(a) Either party, within thirty (30) days after entry of the judgment, may reject the judgment and file a written demand for trial. The action shall be restored to the docket of the court as though proceedings under this article had not occurred.
(b) If the condemnor files a demand under subsection (a) of this section and ultimately obtains a judgment no more favorable to him, the court may require him to pay, in addition to costs, the condemnee's litigation expenses incurred after the demand was filed.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 7 - Compensation › Section 1-26-701 - Compensation Standards.

1-26-701. Compensation standards.
(a) An owner of property or an interest in property taken by eminent domain is entitled to compensation determined under the standards prescribed by W.S. 1-26-701 through 1-26-713.
(b) Unless otherwise provided by law, the right to compensation accrues upon the date of possession by the condemnor.
(c) Except as specifically provided by W.S. 1-26-701 through 1-26-713, compensation, damages, or other relief to which a person is otherwise entitled under this act or other law are not affected, but duplication of payment is not permitted.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 7 - Compensation › Section 1-26-702 - Compensation for Taking.

1-26-702. Compensation for taking.
(a) Except as provided in subsection (b) of this section, the measure of compensation for a taking of property is its fair market value determined under W.S. 1-26-704 as of the date of valuation.
(b) If there is a partial taking of property, the measure of compensation is the greater of the value of the property rights taken or the amount by which the fair market value of the entire property immediately before the taking exceeds the fair market value of the remainder immediately after the taking.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 7 - Compensation › Section 1-26-704 - Fair Market Value Defined.

1-26-704. Fair market value defined.
(a) Except as provided in subsection (b) of this section:
(i) The fair market value of property for which there is a relevant market is the price which would be agreed to by an informed seller who is willing but not obligated to sell, and an informed buyer who is willing but not obligated to buy;
(ii) The fair market value of property for which there is no relevant market is its value as determined by any method of valuation that is just and equitable;
(iii) The determination of fair market value shall use generally accepted appraisal techniques and may include:
(A) The value determined by appraisal of the property performed by a certified appraiser;
(B) The price paid for other comparable easements or leases of comparable type, size and location on the same or similar property;
(C) Values paid for transactions of comparable type, size and location by other public or private entities in arms length transactions for comparable transactions on the same or similar property.
(b) The fair market value of property owned by an entity organized and operated upon a nonprofit basis is deemed to be not less than the reasonable cost of functional replacement if the following conditions exist:
(i) The property is devoted to and is needed by the owner in order to continue in good faith its actual use to perform a public function, or to render nonprofit educational, religious, charitable or eleemosynary services; and
(ii) The facilities or services are available to the general public.
(c) The cost of functional replacement under subsection (b) of this section includes:
(i) The cost of a functionally equivalent site;
(ii) The cost of relocating and rehabilitating improvements taken, or if relocation and rehabilitation is impracticable, the cost of providing improvements of substantially comparable character and of the same or equal utility; and
(iii) The cost of betterments and enlargements required by law or by current construction and utilization standards for similar facilities.
(d) In determining fair market value under this section, no terms or conditions of an agreement containing a confidentiality provision shall be required to be disclosed unless the release of such information is compelled by lawful discovery, upon a finding that the information sought is relevant to a claim or defense of any party in the eminent domain action. The court shall ensure that any such information required to be disclosed remains confidential. The provision of this subsection shall not apply if the information is contained in a document recorded in the county clerk's office or has otherwise been made public.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 7 - Compensation › Section 1-26-705 - Effect of Condemnation Action on Value.

1-26-705. Effect of condemnation action on value.
(a) The fair market value of the property taken, or of the entire property if there is a partial taking, does not include an increase or decrease in value before the date of valuation that is caused by:
(i) The proposed improvement or project for which the property is taken;
(ii) The reasonable likelihood that the property would be acquired for that improvement or project; or
(iii) The condemnation action in which the property is taken.
(b) If, before completion of the project as originally adopted, the project is expanded or changed to require the taking of additional property, the fair market value of the additional property does not include a decrease in value before the date of valuation, but does include an increase in value before the date on which it became reasonably likely that the expansion or change in the scope of the project would occur, if the decrease or increase is caused by any of the factors described in subsection (a) of this section.
(c) Notwithstanding subsections (a) and (b) of this section, a decrease in value before the date of valuation which is caused by physical deterioration of the property within the reasonable control of the property owner, and by his unjustified neglect, may be considered in determining fair market value.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 7 - Compensation › Section 1-26-706 - Compensation to Reflect Project as Planned.

1-26-706. Compensation to reflect project as planned.
(a) If there is a partial taking of property, the fair market value of the remainder on the valuation date shall reflect increases or decreases in value caused by the proposed project including:
(i) Impairment of the use of his other property caused by the condemnation; and
(ii) The increase in damage to his property by the general public which could reasonably be expected to occur as a result of the proposed actions of the condemnor;
(iii) Any work to be performed under an agreement between the parties or pursuant to W.S. 1-26-714.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 7 - Compensation › Section 1-26-707 - Special Assessment Proceedings Excluded.

1-26-707. Special assessment proceedings excluded.
If there is a partial taking of property and special assessments or charges are imposed upon the remainder to pay for all or part of the project, the increase in value of the remainder, if any, caused by the project shall be considered in determining its value after the partial taking only to the extent the increase exceeds the amount of the special assessments or charges.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 7 - Compensation › Section 1-26-708 - Use by Defendant; Risk of Loss.

1-26-708. Use by defendant; risk of loss.
(a) Unless the court otherwise directs, the condemnee may use the property sought to be taken for any lawful purpose before the date on which the condemnor is authorized to take possession.
(b) Thereafter, the condemnee may use the property only for any purpose or use which is not inconsistent with the estate taken by the condemnor. The uses authorized by subsection (a) of this section include any normal work on the property and the planting, cultivation and removal of crops.
(c) The compensation awarded the condemnee shall include an amount sufficient to compensate for loss caused by any temporary restriction or limitation imposed by the court upon his right to use the property under subsection (a) of this section.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 7 - Compensation › Section 1-26-709 - Compensation for Growing Crops and Improvements.

1-26-709. Compensation for growing crops and improvements.
(a) The compensation for crops growing on the property on the date of valuation is the higher of the current fair market value of the crops in place, assuming the right to bring them to maturity and to harvest them, or the amount by which the existence of the crops enhances the fair market value of the property.
(b) The compensation for an interest in improvements is the higher of the fair market value of the improvements, assuming their immediate removal from the property, or the amount by which the existence of the improvements enhances the fair market value of the property.
(c) If improvements are destroyed, removed or damaged by the condemnee after the date of valuation, the amount of compensation shall be adjusted to reflect the extent to which the fair market value of the property has thereby been reduced.
(d) Crops or improvements that are first placed upon the property after the date of valuation shall be excluded from consideration in determining the amount of the award, except that the award shall be adjusted to include the reasonable and necessary cost of providing improvements required by law and improvements necessary to protect life or property as authorized by the court.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 7 - Compensation › Section 1-26-711 - Taking of Leasehold Interest.

1-26-711. Taking of leasehold interest.
(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.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 7 - Compensation › Section 1-26-712 - Acquisition of Property Subject to Lien.

1-26-712. Acquisition of property subject to lien.
Notwithstanding the provisions of an agreement, if any, relating to a lien encumbering the property neither the condemnor nor condemnee is liable to the lienholder for any penalty for prepayment of the debt secured by the lien, and the amount awarded by the judgment to the lienholder shall not include any penalty therefor.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 7 - Compensation › Section 1-26-713 - Loss of Goodwill.

1-26-713. Loss of goodwill.
(a) In addition to fair market value determined under W.S. 1-26-704, the owner of a business conducted on the property taken, or on the remainder if there is a partial taking, shall be compensated for loss of goodwill only if the owner proves that the loss:
(i) Is caused by the taking of the property or the injury to the remainder;
(ii) Cannot reasonably be prevented by a relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill;
(iii) Will not be included in relocation payments under W.S. 16-7-101 through 16-7-121; and
(iv) Will not be duplicated in the compensation awarded to the owner.
(b) Within the meaning of this section, "goodwill" consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality and any other circumstances resulting in probable retention of old or acquisition of new patronage.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 7 - Compensation › Section 1-26-714 - Reclamation and Restoration.

1-26-714. Reclamation and restoration.
(a) A condemnor who acquires a property right or interest of less than fee simple title in any land shall be responsible for reclamation on such land and for restoration of the land and any improvements thereon. The reclamation and restoration shall return the property and improvements to the condition existing prior to the condemnation to the extent that reasonably can be accomplished.
(b) Reclamation and restoration shall include but not be limited to, grading to the natural contour, replacement of topsoil, the planting and establishment of appropriate ground cover and control of weeds resulting from condemnor's disturbance, as follows:
(i) In the case of a growing crop for which compensation has been paid, a ground cover shall be required only if requested by the condemnee;
(ii) In the case of grazing lands, native grasses and forbs previously growing on the disturbed land shall be reseeded and established unless the establishment of alternative beneficial plants are agreed to by the parties.
(c) The responsibility of the condemnor under this section shall include the following:
(i) Damages caused by the condemnor, its successors or its agents during entry prior to condemnation as authorized by W.S. 1-26-506 and 1-26-507;
(ii) Damages caused by the condemnor, its successors or its agents during construction of the project under the condemnation;
(iii) Damages caused by the condemnor, its successors or its agents subsequent to the construction and during the use of the property during the time of the condemnor's possession;
(iv) Damages caused by the condemnor, its successors or its agents in the removal of any facilities or improvements on the property at the termination of the authorized use;
(v) Restoration and reclamation shall begin as soon as reasonably possible after completion of project construction, unless otherwise agreed to by the condemnor and the condemnee.
(d) Nothing herein shall preclude the condemnor and the condemnee from agreeing to compensation in lieu of the obligations provided in this section.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 8 - Power of Eminent Domain Granted › Section 1-26-801 - Authority of State, Counties and Municipal Corporations to Acquire by Condemnation Proceedings; Uranium Mill Tailings; Public Purpose.

1-26-801. Authority of state, counties and municipal corporations to acquire by condemnation proceedings; uranium mill tailings; public purpose.
(a) The state or any county or municipal corporation may purchase or acquire by condemnation any real estate including streets, alleys or public highways, as sites for public buildings or for any other necessary public purpose. Proceedings in condemnation shall be conducted in the name of the state, county or municipal corporation and by the attorney general when for the state, the county attorney when for the county and the municipal attorney when for a municipal corporation.
(b) In carrying out responsibilities under P.L. 95-604, the state may purchase or acquire by condemnation any real estate or radioactive materials if determined necessary to stabilize and control uranium mill tailings in a safe and environmentally sound manner. Proceedings in condemnation shall be as provided by this act.
(c) As used in and for purposes of this section only, "public purpose" means the possession, occupation and enjoyment of the land by a public entity. "Public purpose" shall not include the taking of private property by a public entity for the purpose of transferring the property to another private individual or private entity except in the case of condemnation for the purpose of protecting the public health and safety, in which event the public entity may transfer the condemned property for value to a private individual or entity. However, nothing in this section shall restrict or impair the right or authority of the Wyoming energy authority to transfer property condemned by the authority to another public or private entity insofar as the transfer is consistent with the statutory purposes or duties of the authority.
(i) Repealed by Laws 2019, ch. 34, 4.
(ii) Repealed by Laws 2019, ch. 34, 4.
(d) If a public entity acquires property in fee simple title under this chapter but fails to make substantial use of the property for a period of ten (10) years, there is a presumption that the property is no longer needed for a public purpose and the previous owner or his successor may apply to the court to request that the property be returned to the previous owner or his successor upon repayment of the amount originally received for the property in the condemnation action. A public entity may rebut the presumption created under this subsection by showing good cause for the delay in using the property.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 8 - Power of Eminent Domain Granted › Section 1-26-802 - Proceedings by Water Companies and Incorporated Cities or Towns.

1-26-802. Proceedings by water companies and incorporated cities or towns.
Any water company or incorporated city or town of this state may acquire by purchase, grant or condemnation any land, real estate, claim, easement or right-of-way required for or that may be affected by the construction, operation or maintenance of any waterworks.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 8 - Power of Eminent Domain Granted › Section 1-26-803 - Municipal Streets and Alleys; Utility Mains or Pipes; Tax Levy.

1-26-803. Municipal streets and alleys; utility mains or pipes; tax levy.
Any incorporated city or town in Wyoming may use or authorize the use of its streets and alleys by others, and may obtain by purchase, grant or condemnation in the manner provided by law all necessary lands for the construction, laying and operating of mains or pipes for sewers, gas or water for the use of the cities and towns, and for that purpose to have the power to levy a tax within the constitutional limits upon all personal and real property within the corporate limits of the cities and towns.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 8 - Power of Eminent Domain Granted › Section 1-26-804 - Acquisition of Public Utility Plants by Cities and Towns.

1-26-804. Acquisition of public utility plants by cities and towns.
Any incorporated city or town of this state may acquire by condemnation, purchase or gift the franchise and the plant, facilities, equipment and property of any person or entity owning or operating in the city or town a franchise and plant, facilities, equipment or other property used or intended for the purpose of supplying or furnishing to the public of the city or town any public utility service mentioned in W.S. 1-26-805.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 8 - Power of Eminent Domain Granted › Section 1-26-805 - Acquisition of Public Utility Plants by Cities and Towns; Definition of Facilities Which May Be Acquired.

1-26-805. Acquisition of public utility plants by cities and towns; definition of facilities which may be acquired.
For the purposes of W.S. 1-26-804 through 1-26-809 "public utility service" means and includes communication or transmission of intelligence or messages by telephone service; electricity for light, heat, power and like purposes; natural or artificial gas for heat, light, power and like purposes; steam for heat, power and like purposes; or water for municipal, domestic, agricultural, irrigation, manufacturing and like purposes, including surface water drainage in accordance with W.S. 16-10-103.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 8 - Power of Eminent Domain Granted › Section 1-26-806 - Acquisition of Public Utility Plants by Cities and Towns; Purpose of Acquisition; Ownership or Operation.

1-26-806. Acquisition of public utility plants by cities and towns; purpose of acquisition; ownership or operation.
The purpose for which the franchise and plant, facilities, equipment or other property may be acquired is for municipal ownership or operation of the business by the city or town, which right is hereby given to any incorporated city or town.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 8 - Power of Eminent Domain Granted › Section 1-26-807 - Acquisition of Other Property for Public Utility Service.

1-26-807. Acquisition of other property for public utility service.
Any incorporated city or town of this state has the further right to acquire by condemnation, purchase or gift any real estate or other property, public or private, whether within or outside the corporate limits of the city or town, for rights-of-way, sites, buildings or other purposes connected with or necessary to carry on the business of municipal ownership or operation of any public utility service, or to secure outside connections for any public utility service.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 8 - Power of Eminent Domain Granted › Section 1-26-808 - Election in Cities and Towns on Question of Acquisition.

1-26-808. Election in cities and towns on question of acquisition.
No city or town shall acquire the franchise or the plant, facilities, equipment or other property of any person or entity for the purpose of supplying or furnishing to the public of the city or town any public utility service unless authorized at an election. The election shall be held as provided by law for the submission of a bond issue under the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 8 - Power of Eminent Domain Granted › Section 1-26-809 - Determination of Value of Franchise to Be Acquired.

1-26-809. Determination of value of franchise to be acquired.
In determining the value of the franchise, consideration shall be given to the total amount paid for the franchise for the entire term of the franchise and deductions made proportioned on the unexpired term of the franchise.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 8 - Power of Eminent Domain Granted › Section 1-26-810 - Powers of Railroad Companies Relative to Condemnation Generally.

1-26-810. Powers of railroad companies relative to condemnation generally.
(a) Any railroad company organized under the laws of this state, the laws of the United States or which has been duly organized under the laws of any other state and has filed copies of its articles of incorporation with the secretary of state in this state as required by law is authorized to:
(i) Exercise the power of eminent domain to acquire rights-of-way for railroad tracks and easements for offices, depots and other appurtenant facilities related directly to the operation of the railroad;
(ii) Take, hold and appropriate a right-of-way over adjacent lands sufficient to enable the corporation to construct and repair its road upon the line of its location or relocation thereof; and
(iii) Acquire a right to conduct water by aqueducts and to make appropriate drains.
(b) Any land taken, appropriated and held otherwise than by the consent of the owner shall not exceed two hundred (200) feet in width unless greater width is necessary for excavations, embankments, depositing waste earth or for construction of other appurtenant facilities necessary for the operation of the railroad.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 8 - Power of Eminent Domain Granted › Section 1-26-811 - Crossing Public Highways; Privileges and Duties.

1-26-811. Crossing public highways; privileges and duties.
(a) A railroad company may raise or lower any county road or other public highway for the purpose of having its railroad pass over or under the road or highway. Repair or reconstruction of roads or highways shall be expeditiously completed.
(b) While engaged in raising or lowering any county road or other public highway or in making any other alteration which may obstruct the public way, a railroad company shall provide and maintain suitable temporary ways to enable travelers to avoid or pass obstructions.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 8 - Power of Eminent Domain Granted › Section 1-26-812 - Constructing, Maintaining, Abandoning or Closing Crossings.

1-26-812. Constructing, maintaining, abandoning or closing crossings.
(a) When any person owns land on both sides of any railroad, the company owning the railroad shall construct and maintain reasonably adequate means of crossing the railroad.
(b) No railroad shall abandon, close or fail to maintain any public highway crossing unless in accordance with the provisions of W.S. 37-10-102.
(c) No railroad shall abandon, close or fail to maintain any other existing crossing which has been maintained or recognized by the railroad for more than five (5) years prior to the effective date of this act without:
(i) Providing written notice of its intended action to every person owning lands adjacent to the crossing;
(ii) Advertising its intended action in a newspaper of general circulation in the county of the crossing; and
(iii) No sooner than three (3) weeks after providing the notice required, holding a meeting open to all persons at which it shall explain and at which persons shall be permitted to express their views on the intended action.
(d) Any railroad violating subsection (c) of this section shall not be entitled to assert any of the powers provided by W.S. 1-26-810 over any lands which are part of or are adjacent to the crossing, until the railroad has reconstructed the crossing abandoned, closed or not maintained in violation of subsection (c) of this section.
(e) In any action involving the abandonment, closing or maintenance of a railroad crossing which has been maintained or recognized by the railroad for more than five (5) years prior to the effective date of this act, the railroad shall not be entitled to assert any of the powers provided by W.S. 1-26-810 over any lands which are part of or are adjacent to the crossing unless the railroad establishes by a preponderance of the evidence:
(i) The closing or abandonment of the crossing is justified by either financial or safety considerations;
(ii) There exists reasonable alternative means of access to all property served by the crossing; and
(iii) That it has complied with the provisions of this section and the Wyoming Eminent Domain Act.
(f) Nothing in this section shall be construed as limiting or prohibiting any person from maintaining any other action at law for a railroad's failure to maintain a crossing, or abandonment or closing of a crossing.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 8 - Power of Eminent Domain Granted › Section 1-26-814 - Right of Eminent Domain Granted; Petroleum or Other Pipeline Companies; Purposes.

1-26-814. Right of eminent domain granted; petroleum or other pipeline companies; purposes.
Whenever any utility or any petroleum or other pipeline company, authorized to do business in this state, has not acquired by gift or purchase any land, real estate or claim required for the construction, maintenance and operation of their facilities and appurtenances or which may be affected by any operation connected with the construction or maintenance of the same, the utility or company has the right of eminent domain and may condemn the easement required by the utility or company.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 8 - Power of Eminent Domain Granted › Section 1-26-816 - Condemnation and Certificate of Public Necessity and Convenience.

1-26-816. Condemnation and certificate of public necessity and convenience.
No person shall institute a condemnation proceeding relating to any facility for which a certificate of public necessity and convenience is required until the certificate has been issued.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 26 - Eminent Domain › Article 8 - Power of Eminent Domain Granted › Section 1-26-817 - Reservation of Right to Establish Crossings.

1-26-817. Reservation of right to establish crossings.
Any condemnation order entered shall in all cases reserve to the owner or occupant of any real property through, over or across which any right-of-way is acquired the right to establish suitable crossings connecting his or their lands on either side of the right-of-way, at any point or points which may be selected by the owner or occupant. The ditch, canal, drain, flume or other irrigation works shall be protected at the crossings by the construction and maintenance of a suitable bridge or viaduct at the expense of the owner or occupant.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-101 - Petition to Be Under Oath; Contents.

1-27-101. Petition to be under oath; contents.
(a) The petition for the writ of habeas corpus shall be sworn to and shall state:
(i) The person for whom the writ is sought is restrained of his liberty, by whom he is restrained and the place where he is restrained, stating the names of the parties if known and if unknown, describing them with as much particularity as practicable;
(ii) The cause or reason for the restraint according to the best information of the petitioner, and if it is by virtue of any legal process, a copy thereof must be annexed or a satisfactory reason presented for its absence;
(iii) The restraint is illegal;
(iv) The legality of the restraint has not been adjudged in a prior proceeding, of the same character, to the best knowledge and belief of the applicant, or if previously adjudged the facts of the prior proceeding with a copy of all the papers connected therewith or a satisfactory reason for the absence thereof; and
(v) Whether petition for the writ has been made to and refused by any court or judge, and if a petition has been made, a copy of the petition with the reason for the refusal appended or satisfactory reasons given for the failure to do so.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-103 - Courts and Judges Allowing Writ; Service in Any Part of State.

1-27-103. Courts and judges allowing writ; service in any part of state.
The writ of habeas corpus may be allowed by the supreme or district court or by any judge of those courts. It may be served in any part of the state.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-104 - Petition to Be Made to Nearest Judge.

1-27-104. Petition to be made to nearest judge.
Petition for a writ shall be made to the court or judge most convenient in point of distance to the applicant. A more remote court or judge may refuse the writ unless a sufficient reason is stated in the petition for not applying to the more convenient supreme or district court or judge.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-105 - Writ to Be Allowed if Grounds Sufficient; Contents of Writ.

1-27-105. Writ to be allowed if grounds sufficient; contents of writ.
(a) The writ shall be allowed if the petition shows a sufficient ground for relief and is in accordance with the foregoing requirements.
(b) The writ shall be directed to the person having custody of or who is alleged to be unlawfully restraining the petitioner, and shall command such person to produce the petitioner in person before the court or judge issuing the writ at the time and place specified in the writ. It shall further command such person to have with him the writ with his return thereon showing his doings in response thereto.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-106 - Issuance of Writ.

1-27-106. Issuance of writ.
When the writ is allowed by a court, it is to be issued by the clerk, but when allowed by a judge he must issue the writ himself, subscribing his name thereto without any seal.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-107 - Reasons to Be Assigned for Disallowance.

1-27-107. Reasons to be assigned for disallowance.
If the writ is disallowed, the court or judge shall cause the reasons of the disallowance to be appended to the petition and returned to the person applying for the writ.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-108 - Penalty for Wrongful Disallowance.

1-27-108. Penalty for wrongful disallowance.
Any judge, acting individually or as a member of a court, who wrongfully and willfully refuses the allowance of the writ when properly applied for, shall forfeit to the party aggrieved the sum of one thousand dollars ($1,000.00).
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-109 - Duty of Court to Issue Writ Without Application in Certain Instances.

1-27-109. Duty of court to issue writ without application in certain instances.
Whenever any court or judge authorized to grant this writ has evidence from a judicial proceeding before it that any person within the jurisdiction of the court or judge is illegally imprisoned or restrained, the court or judge shall issue the writ or cause it to be issued though no application has been made.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-110 - Service of Writ.

1-27-110. Service of writ.
The writ may be served by the sheriff or by any other person appointed by the issuing court or judge for that purpose. If served by any person other than the sheriff, he possesses the same power and is liable to the same penalty for a nonperformance of his duty as though he were the sheriff.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-111 - Manner of Service.

1-27-111. Manner of service.
Service shall be made by leaving the original writ with the person to whom it is directed as defendant and preserving a copy on which to make the return of service. If the defendant cannot be found, or if he does not have the plaintiff in custody, service may be made upon any person having the plaintiff in his custody in the same manner and with the same effect as though he had been named defendant therein.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-112 - Authorization to Arrest Defendant.

1-27-112. Authorization to arrest defendant.
If the defendant conceals himself or refuses admittance to the person attempting to serve the writ, or if he attempts wrongfully to carry the plaintiff out of the county or state after service of the writ, the person attempting to serve the writ may arrest the defendant and bring him and the plaintiff promptly before the judge or court before whom the writ is made returnable.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-114 - Plaintiff May Be Taken in Custody by Officer; Power of Officer.

1-27-114. Plaintiff may be taken in custody by officer; power of officer.
If the plaintiff is found and no one appears to have charge or custody of him, the person having the writ may take him into custody and make return accordingly. To get possession of the plaintiff's person in such cases, he possesses the same power as given by W.S. 1-27-113 for the arrest of the defendant.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-115 - Order for Summary Production of Plaintiff.

1-27-115. Order for summary production of plaintiff.
The court or judge to whom the petition for the writ is made may order the sheriff or any other person to bring the plaintiff promptly before the court or judge if convinced that the plaintiff will suffer irreparable injury before he can obtain relief by the proceedings authorized.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-116 - Order for Defendant's Arrest for Criminal Offense.

1-27-116. Order for defendant's arrest for criminal offense.
When the evidence is sufficient to justify the arrest of the defendant for a criminal offense committed in connection with the illegal restraint of the petitioner, the order shall also order the arrest of the defendant.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-117 - Order for Defendant's Arrest for Criminal Offense; Service of Order of Arrest.

1-27-117. Order for defendant's arrest for criminal offense; service of order of arrest.
The officer or person to whom the order is directed must execute it by bringing the defendant, and the plaintiff if required, before the court or judge issuing it. The defendant shall make return to the writ of habeas corpus in the same manner as if the ordinary course had been pursued.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-119 - Errors in Writ to Be Disregarded.

1-27-119. Errors in writ to be disregarded.
The writ of habeas corpus shall not be disobeyed for any defect of form or misdescription of the plaintiff or defendant if enough is stated to show the meaning and intent of the writ.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-121 - Contents of Defendant's Answer.

1-27-121. Contents of defendant's answer.
The defendant in his answer shall state simply and unequivocally whether he then has or at any time has had the plaintiff under his control and restraint, and if so, the reason therefor. If he has transferred him to another person, he shall state the fact, to whom and the time thereof, and the reason and authority therefor. If he holds him by virtue of a legal process or written authority, a copy thereof shall be annexed.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-123 - Evidence Before Magistrate May Be Reviewed.

1-27-123. Evidence before magistrate may be reviewed.
The reply may deny the sufficiency of the testimony to justify the action of the committing magistrate, on the trial of which issue all written testimony before the magistrate may be given in evidence before the court or judge in connection with any other testimony which may then be produced.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-124 - Compelling Attendance of Witnesses; Punishing for Contempt.

1-27-124. Compelling attendance of witnesses; punishing for contempt.
The judge issuing the writ of habeas corpus or the judge before whom it is tried has the same power as a court to compel the attendance of witnesses or to punish contempt of his authority.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-125 - Certain Proceedings Not Reviewable.

1-27-125. Certain proceedings not reviewable.
Habeas corpus is not permissible to question the correctness of the action of a grand jury in finding a bill of indictment, or a petit jury in the trial of a cause nor of a court or judge when acting within their jurisdiction and in a lawful manner.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-127 - Errors in Commitment to Be Disregarded.

1-27-127. Errors in commitment to be disregarded.
Although the commitment of the petitioner was irregular, if the court or judge is satisfied from the evidence that he ought to be held to bail or committed either for the offense charged or any other, an order may be made accordingly.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-130 - Presence of Petitioner at Trial; Waiver.

1-27-130. Presence of petitioner at trial; waiver.
The petitioner or his attorney may waive in writing his right to be present at the trial, in which case the proceedings may be had in his absence. The writ in such cases will be modified accordingly.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-131 - Refusal of Officer to Deliver Copy of Process.

1-27-131. Refusal of officer to deliver copy of process.
Any officer refusing to deliver a copy of any legal process by which he detains the petitioner in custody to any person who demands a copy, shall forfeit five hundred dollars ($500.00) to the person detained.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-132 - Transfer, Removal or Concealment of Person With Intent to Avoid Service.

1-27-132. Transfer, removal or concealment of person with intent to avoid service.
Whoever, having under his restraint any person for whose release a writ of habeas corpus has been issued or is being applied for, transfers that person to the custody or control of another or conceals the place of his confinement or restraint, or removes him from the jurisdiction of the court from which the writ is issued or sought, with the intent to avoid the service or effect of the writ, or whoever knowingly aids or abets in the commission of any such offense, shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than ninety (90) days, or both.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-133 - Papers to Be Filed; Journal Entry.

1-27-133. Papers to be filed; journal entry.
When the proceedings are before a judge and the writ is allowed, all papers in the case shall be filed with the clerk of the district court of the county wherein the final proceedings are had, and the final order shall be entered by the clerk upon the journal as a vacation order.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 27 - Habeas Corpus › Section 1-27-134 - Fees and Costs Not to Be Advanced.

1-27-134. Fees and costs not to be advanced.
No officer shall refuse to perform any of the duties required by law in habeas corpus proceedings because his fees are not paid in advance, but the judge or court to whom a petition is made may require the petitioner to give security for the payment of costs that may be taxed against him.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 28 - Injunctions › Section 1-28-101 - "Injunction" Defined.

1-28-101. "Injunction" defined.
An injunction is a command to refrain from a particular act. It may be the final judgment in an action or may be allowed as a provisional remedy, and when so allowed it is by order.