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

Wyo. Stat. § 1-26-516 (2026)

Action for inverse condemnation.

✓ current as of May 2026
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When a person possessing the power of condemnation takes
possession of or damages land in which he has no interest, or
substantially diminishes the use or value of land, due to
activities on adjoining land without the authorization of the
owner of the land or before filing an action of condemnation,
the owner of the land may file an action in district court
seeking damages for the taking or damage and shall be granted
litigation expenses if damages are awarded to the owner.
Notes of Decisions
Cited in 18 cases (2 in the last 5 years), 1988–2025 · leading case: Waid v. State Ex Rel. Dep't of Transp., 996 P.2d 18 (Wyo. 2000).
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Waid v. State Ex Rel. Dep't of Transp., 996 P.2d 18 (Wyo. 2000). · cites it 16× “Specifically, the Waid group contests the ruling, upon which the district court premised the summary judgment, that Wyo. Stat. Ann. § 1-26-516 (Lexis 1999) requires a permanent taking for inverse condemnation.”
Bush Land Dev. Co., a Wyoming Corp., & Victoria Bush, as the President & Dir. of Bush Land Dev. Co., & In Her Individual Capacity v. Crook Cnty. Weed & Pest Control Dist., Crook Cnty. Weed & Pest Control Dist. Bd. of Directors, Randall Otwell, In His Off. Capacity, Lee Hauber, In His Off. Capacity, Leroy Curren, In His Off. Capacity, David Moline, In His Off. Capacity, Frank Hawken, In His Off. Capacity, Crook Cnty. Weed & Pest Control Dist. Supervisor, Bob Gilbert, In His Off. & Individual Capacities, Chase Wadley, In His Off. & Individual Capacities, Gavin Holland, In His Off. & Individual Capacities, & Kirk Broderson, In His Off. & Individual Capacities, 2017 WY 12 (Wyo. 2017). · cites it 7× “Bush claimed that, under Wyo. Stat. Ann. § 1-26-516 (LexisNexis 2015), 'it was entitled to just compensation for the loss of many trees- on its property as a result of the District’s improper application of herbicides.”
Stephen Smith & Audrey Smith, husband & wife v. Bd. of Cnty. Commissioners of Park Cnty., Wyoming, 2013 WY 3 (Wyo. 2013). · cites it 7× “Wyo. Stat. Ann. § 1-26-516 (2011). Until very recently, the Wyoming Supreme Court has been consistent concerning whether the requirements and time limits of the WGCA apply to a claim of inverse condemnation.”
Gose v. City of Douglas, 2008 WY 126 (Wyo. 2008). · cites it 4× “The Goses cited Wyoming's inverse condemnation statute, Wyo. Stat. Ann. § 1-26-516 (LexisNexis 2007).”
Doenz v. Sheridan Cnty. Bd. of Cnty. Commissioners, 949 P.2d 464 (Wyo. 1997). · cites it 7× “At the hearing to consider this motion, Doenz advanced a claim for inverse condemnation under Wyo. Stat. § 1-26-516 (1997). The district court denied Doenz’s motion to amend his complaint to allege a § 1983 claim but gave him the opportunity to file a second proposed amended…”
Craig Colton v. Town of Dubois, 2022 WY 138 (Wyo. 2022). · cites it 2× “Colton, Trustee of the Craig Colton Family Trust, dated December 13, 1995, and Trustee of the Irrevocable Trust for Milo Jet Colton, dated March 24, 1999 (“the Trusts”), filed a complaint seeking a declaration of inverse condemnation under Wyo. Stat. Ann. § 1-26-516 . The Trusts…”
Thomas Hamann v. Heart Mountain Irrigation Dist., a Wyoming Pub. Irrigation Dist., 2025 WY 75 (Wyo. 2025). · cites it 12× “The parties’ arguments on appeal reveal differing interpretations of Wyo. Stat. Ann. § 1-26-516 (2023). To the extent we must interpret that statute, “[q]uestions of statutory interpretation are subject to de novo review.”
Conner v. Bd. of Cnty. Com'rs, Natrona, 2002 WY 148 (Wyo. 2002). · cites it 2× “The Conners' answer and counterclaim filed April 13, 1998, sets forth a counterclaim for inverse condemnation pursuant to Wyo. Stat. Ann. § 1-26-516 (LexisNexis 2001).”
Sinclair v. City of Gillette, 270 P.3d 644 (Wyo. 2012). · cites it 2× “One section of that Act, Wyo. Stat. Ann. § 1-26-516 , is entitled "Action for inverse condemnation," and provides that: When a person possessing the power of condemnation takes possession of or damages land in which he has no interest, or substantially diminishes the use or…”
J. Michaela Byrnes v. Johnson Cnty. Commissioners Johnson Cnty. Road & Bridge & State of Wyoming, Ex Rel., Wyoming Dep't of Transp., 2020 WY 6 (Wyo. 2020). · cites it 6× “4 Wyo. Stat. Ann. § 1-26-516 . [¶17] The inverse condemnation statute is therefore not limited to compensation for direct takings of property.”
Miller v. Campbell Cnty., 854 P.2d 71 (Wyo. 1993). · cites it 2× “Wyo.Stat. § 1-26-516 (1988). This statute is part of the Wyoming Eminent Domain Act, Wyo.”
Miller v. Campbell Cnty., Wyo., 722 F. Supp. 687 (D. Wyo. 1989). · cites it 2× “Wyo.Stat. § 1-26-516 (1981). A person prevailing under this statute is also entitled to litigation expenses.”
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