Wyoming Statutes

Wyo. Stat. § 1-26-506 (2026)

Entry prior to condemnation action.

✓ current as of May 2026

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(a) A condemnor and its agents and employees may enter
upon real property and make surveys, examinations, photographs,
tests, soundings, borings and samplings, or engage in other
activities for the purpose of appraising the property or
determining whether it is suitable and within the power of the
condemnor to condemn if the entry is:
          (i) Preceded by prior notice to the condemnee
specifying the particular activity to be undertaken and the
proposed use and potential recipient of the data thereby
obtained and the condemnee has been given fifteen (15) days to
grant written authorization;

          (ii) Undertaken during reasonable hours, normally
during daylight;

          (iii) Accomplished peaceably and without inflicting
substantial injury to land, crops, improvements, livestock or
current business operations.

     (b) The entry and activities authorized by this section do
not constitute a trespass.

     (c) The condemnor is liable under W.S. 1-26-508 for
damages resulting from activities authorized by this section.

     (d) Subject to applicable confidentiality restrictions
under federal or state law, the results of survey information
acquired from the property sought related to threatened and
endangered species, cultural resources and archeological
resources shall be made available to the condemnee upon request.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2002–2021 · leading case: Conner v. Bd. of Cnty. Com'rs, Natrona, 2002 WY 148 (Wyo. 2002).

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Conner v. Bd. of Cnty. Com'rs, Natrona, 2002 WY 148 (Wyo. 2002). · cites it 5× “The Conners argue they should be entitled to attorney fees pursuant to Wyo. Stat. Ann. §§ 1-26-506 and 1-26-508 (Lexis-Nexis 2001) because the board failed to comply with this order.”

Palmer v. Atl. Coast Pipeline, LLC, 801 S.E.2d 414 (Va. 2017). · cites it 2× “Most relevant to the present case, the Code of 1904 granted entry-for-survey authority to “[a]ny company” vested with eminent domain authority.”

EMD Wyoming, LLC v. BRW East, LLC BRW West, LLC Indian Meadows East, LLC Indian Meadows West, LLC & Warren B. Bartlett, 2021 WY 64 (Wyo. 2021). · cites it 3× “[¶20] EME contends that because it is an oil and gas company, it is a condemnor under the Act, and on that basis it has a right to enter the BRW Group’s properties. It further contends that part of determining whether the property is suitable and within its power to condemn is…”

Palmer v. Atl. Coast Pipeline (Va. 2017). “Most relevant to the present case, the Code of 1904 granted entry-for-survey authority to “[a]ny company” vested with eminent domain authority.”

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