Wyoming Statutes

Wyo. Stat. § 1-26-512 (2026)

Contents of authorization.

✓ current as of May 2026

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(a) A public entity may not commence a condemnation action
until it has first adopted a written resolution in substantial
conformity with this section, authorizing commencement and
prosecution of the action. The authorization may be amended or
rescinded at any time before or after commencement of the
condemnation action but if rescinded the public entity shall pay
the litigation expenses of the condemnee.

     (b) In addition to other requirements imposed by law, the
condemnation authorization required by subsection (a) of this
section shall include:

          (i) A general statement of the proposed public use
for which the property is to be taken and a reference to the
specific statute that authorizes the taking of the property by
the condemnor;

          (ii) A description of the general location and extent
of the property to be taken, with sufficient detail for
reasonable identification; and

          (iii) A declaration that a taking of the described
property is necessary and appropriate for the proposed public
use.

Notes of Decisions

Cited in 3 cases, 1987–2013 · 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 2× “Section 1-26-512 provides: (a) A public entity may not commence a condemnation action until it has first adopted a written resolution in substantial conformity with this section, authorizing commencement and prosecution of the action.”

Bd. of Cnty. Commissioners of Johnson Cnty. v. Atter, 734 P.2d 549 (Wyo. 1987). · cites it 5× “Instead it enacted § 1-26-512, supra, which contemplates an award of litigation expenses only if the public entity which adopted the resolution authorizing condemnation later rescinds that resolution.”

Stephen Smith & Audrey Smith, husband & wife v. Bd. of Cnty. Commissioners of Park Cnty., Wyoming, 2013 WY 3 (Wyo. 2013). · cites it 2× “Failing to obtain any relief through administrative pro *948 ceedings, the Smiths sued the Board in district court, alleging claims of inverse condemnation under Wyo. Stat. Ann. § 1-26-512 (LexisNexis 2011), inverse condemnation under article 1, sections 32 and 83 of the Wyoming…”

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