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 […]
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 […]
1-26-703. Date of valuation. The date of valuation is the date upon which the condemnation action was commenced.
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 […]
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 […]
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) […]
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 […]
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 […]
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 […]
1-26-710. Compensation for divided interests. The amount of compensation for the taking of property in which divided interests exist is based upon the fair market value of the property considered as a whole.
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 […]
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 […]
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 […]
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 […]
