Wyoming Statutes

Wyo. Stat. § 1-26-511 (2026)

Purchase efforts waived or excused.

✓ current as of May 2026

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(a) A condemnor's failure or inability substantially to
comply with W.S. 1-26-509 and 1-26-510 does not bar the
maintenance of a condemnation action, notwithstanding timely
objection, if:

          (i) Compliance is waived by written agreement between
the property owner and the condemnor;

          (ii) One (1) or more of the owners of the property is
unknown, cannot with reasonable diligence be contacted, is
incapable of contracting and has no legal representative, or
owns an interest which cannot be acquired by contract; or

          (iii) Due to an emergency affecting public health or
safety, there is a compelling need to avoid the delay in
commencing the action which compliance would require.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1993–2022 · leading case: Craig Colton v. Town of Dubois, 2022 WY 138 (Wyo. 2022).

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Craig Colton v. Town of Dubois, 2022 WY 138 (Wyo. 2022). · cites it 4× “” Wyo. Stat. Ann. § 1-26-509 (b)(vii) (LexisNexis 2021).”

Foianini v. Brinton, 855 P.2d 1238 (Wyo. 1993). · cites it 3× “Wyo.Stat. § 1-26-511 (1988) provides: (a) A condemnor’s failure or inability substantially to comply with W.”

Barlow Ranch, Ltd. P'ship v. Greencore Pipeline Co. LLC, 2013 WY 34 (Wyo. 2013). “§ 1-26-510 (LexisNexis 2011) states: (a) Except as provided in W.S. 1-26-511, an action to condemn property may not be maintained over timely objection by the condemnee unless the condemnor made a good faith effort to acquire the property by purchase before commencing the action.”

Wyoming Resources Corp. v. T-Chair Land Co., 2002 WY 104 (Wyo. 2002). “(a) Except as provided in W.S. 1-26-511, an action to condemn property may not be maintained over timely objection by the condemnee unless the condemnor made a good faith effort to acquire the property by purchase before commencing the action.”

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