Wyo. Stat. » Wyo. Stat. / Title 01 - Civil Procedure / Chapter 26 - EMINENT DOMAIN / Article 5 - GENERALLY
Wyoming Statutes

Wyo. Stat. § 1-26-504 (2026)

Requirements to exercise eminent domain.

✓ current as of May 2026
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(a) Except as otherwise provided by law, the power of
eminent domain may be exercised to acquire property for a
proposed use only if all of the following are established:

          (i) The public interest and necessity require the
project or the use of eminent domain is authorized by the
Wyoming Constitution;

          (ii) The project is planned or located in the manner
that will be most compatible with the greatest public good and
the least private injury; and

          (iii) The property sought to be acquired is necessary
for the project.

     (b) Findings of the public service commission, the
interstate commerce commission and other federal and state
agencies with appropriate jurisdiction are prima facie valid
relative to determinations under subsection (a) of this section
if the findings were made in accordance with law with notice to
condemnees who are parties to the condemnation action and are
final with no appeals from the determinations pending.

     (c) When a public entity determines that there is a
reasonable probability of locating a particular public project
on specifically identifiable private property and that the
project is expected to be completed within two (2) years of that
determination, the public entity shall provide written notice of
the intention to consider the location and construction of the
project to the owner as shown on the records of the county
assessor. The notice shall include a description of the public
interest and necessity of the proposed project. The public
entity shall provide an opportunity for the private property
owners to consult and confer with representatives of the public
entity regarding the project.

     (d) A condemnor shall prove each requirement of subsection
(a) of this section by a preponderance of the evidence. Failure
of the condemnor to prove any requirement of subsection (a) of
this section shall result in dismissal of the condemnation
action without prejudice.
Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1987–2022 · leading case: Town of Wheatland v. Bellis Farms, Inc., 806 P.2d 281 (Wyo. 1991).
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Town of Wheatland v. Bellis Farms, Inc., 806 P.2d 281 (Wyo. 1991). · cites it 29× “The constitutional right to obtain property for public safety — as in this case for a safe airport — is not a conflicting principle with entitlement under the Wyoming Constitution to obtain fair compensation when private property is taken for public use.”
Conner v. Bd. of Cnty. Com'rs, Natrona, 2002 WY 148 (Wyo. 2002). · cites it 8× “Wyo. Stat. Ann. § 1-26-504 (a) (LexisNexis 2001).”
Bd. of Cnty. Commissioners of Johnson Cnty. v. Atter, 734 P.2d 549 (Wyo. 1987). · cites it 9× “This is precisely what happened when the Wyoming legislature enacted § 1-26-504, W.S.1977, Cum.Supp. 1986. 4 It conferred upon the courts the duty of making certain factual determinations, including whether “[t]he public interest and necessity require the project.”
Craig Colton v. Town of Dubois, 2022 WY 138 (Wyo. 2022). · cites it 2× “§ 1-26-801 (c) (LexisNexis 2021); see also Wyo. Stat. Ann. § 1-26-504 (a) (LexisNexis 2021).”
Wyoming Resources Corp. v. T-Chair Land Co., 2002 WY 104 (Wyo. 2002). · cites it 6× “The primary issue in this appeal is the meaning of the statutory language, "the property sought to be acquired is necessary for the project," found in Wyo. Stat. Ann. § 1-26-504 (a)(ii) (LexisNexis 2001).”
Alice A. Platt, 2014 WY 142 (Wyo. 2014). · cites it 6× “Wyo. Stat. Ann. § 1-26-504 (a) (LexisNexis 2013).”
Bridle Bit Ranch Co. v. Basin Elec. Power Coop., 2005 WY 108 (Wyo. 2005). · cites it 3× “[¶ 33] Wyo. Stat. Ann. § 1-26-504 (Lexis-Nexis 2005) provides: § 1-26-504.”
EOG Resources, Inc. v. Floyd C. Reno & Sons, Inc., 2020 WY 95 (Wyo. 2020). · cites it 2× “” Wyo. Stat. Ann. § 1-26-504 (a). [¶19] Further, section 1-26-509 requires a condemnor to “make reasonable and diligent efforts to acquire property by good faith negotiation” before instituting condemnation proceedings.”
Burlington N. Santa Fe Ry. Co. v. a 50-Foot Wide Easement Consisting of 6.99 Acres More or Less, 346 F. App'x 297 (10th Cir. 2009). “As to Gallatin’s first argument, we note that under Wyo. Stat. Ann. § 1-26-504 (a), in order to exercise the power of eminent domain, BNSF had to prove public necessity by showing (1) that the tracks in question were necessary and in the public interest, (2) that they were…”
Alice A. Platt, 2014 WY 142 (Wyo. 2014). · cites it 3× “Wyo. Stat. Ann. § 1-26-504 (a) (LexisNexis 2013).”
— Wyo. Stat. § 1-26-504(a) — 6 cases
Town of Wheatland v. Bellis Farms, Inc., 806 P.2d 281 (Wyo. 1991). “The constitutional right to obtain property for public safety — as in this case for a safe airport — is not a conflicting principle with entitlement under the Wyoming Constitution to obtain fair compensation when private property is taken for public use.”
Conner v. Bd. of Cnty. Com'rs, Natrona, 2002 WY 148 (Wyo. 2002). “Wyo. Stat. Ann. § 1-26-504 (a) (LexisNexis 2001).”
Alice A. Platt, 2014 WY 142 (Wyo. 2014). “Wyo. Stat. Ann. § 1-26-504 (a) (LexisNexis 2013).”
Wyoming Resources Corp. v. T-Chair Land Co., 2002 WY 104 (Wyo. 2002). “The primary issue in this appeal is the meaning of the statutory language, "the property sought to be acquired is necessary for the project," found in Wyo. Stat. Ann. § 1-26-504 (a)(ii) (LexisNexis 2001).”
Bd. of Cnty. Commissioners of Johnson Cnty. v. Atter, 734 P.2d 549 (Wyo. 1987). “This is precisely what happened when the Wyoming legislature enacted § 1-26-504, W.S.1977, Cum.Supp. 1986. 4 It conferred upon the courts the duty of making certain factual determinations, including whether “[t]he public interest and necessity require the project.”
— Wyo. Stat. § 1-26-504(a)(i) — 2 cases
Town of Wheatland v. Bellis Farms, Inc., 806 P.2d 281 (Wyo. 1991). “The constitutional right to obtain property for public safety — as in this case for a safe airport — is not a conflicting principle with entitlement under the Wyoming Constitution to obtain fair compensation when private property is taken for public use.”
Bd. of Cnty. Commissioners of Johnson Cnty. v. Atter, 734 P.2d 549 (Wyo. 1987). “This is precisely what happened when the Wyoming legislature enacted § 1-26-504, W.S.1977, Cum.Supp. 1986. 4 It conferred upon the courts the duty of making certain factual determinations, including whether “[t]he public interest and necessity require the project.”
— Wyo. Stat. § 1-26-504(a)(ii) — 1 case
Town of Wheatland v. Bellis Farms, Inc., 806 P.2d 281 (Wyo. 1991). “The constitutional right to obtain property for public safety — as in this case for a safe airport — is not a conflicting principle with entitlement under the Wyoming Constitution to obtain fair compensation when private property is taken for public use.”
— Wyo. Stat. § 1-26-504(b) — 2 cases
Bd. of Cnty. Commissioners of Johnson Cnty. v. Atter, 734 P.2d 549 (Wyo. 1987). “This is precisely what happened when the Wyoming legislature enacted § 1-26-504, W.S.1977, Cum.Supp. 1986. 4 It conferred upon the courts the duty of making certain factual determinations, including whether “[t]he public interest and necessity require the project.”
Town of Wheatland v. Bellis Farms, Inc., 806 P.2d 281 (Wyo. 1991). “The constitutional right to obtain property for public safety — as in this case for a safe airport — is not a conflicting principle with entitlement under the Wyoming Constitution to obtain fair compensation when private property is taken for public use.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.