Wyoming Statutes

Wyo. Stat. § 1-26-801 (2026)

Authority of state, counties and municipal

✓ current as of May 2026

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corporations to acquire by condemnation proceedings; uranium
mill tailings; public purpose.

     (a) The state or any county or municipal corporation may
purchase or acquire by condemnation any real estate including
streets, alleys or public highways, as sites for public
buildings or for any other necessary public purpose. Proceedings
in condemnation shall be conducted in the name of the state,
county or municipal corporation and by the attorney general when
for the state, the county attorney when for the county and the
municipal attorney when for a municipal corporation.

     (b) In carrying out responsibilities under P.L. 95-604,
the state may purchase or acquire by condemnation any real
estate or radioactive materials if determined necessary to
stabilize and control uranium mill tailings in a safe and
environmentally sound manner. Proceedings in condemnation shall
be as provided by this act.
     (c) As used in and for purposes of this section only,
"public purpose" means the possession, occupation and enjoyment
of the land by a public entity. "Public purpose" shall not
include the taking of private property by a public entity for
the purpose of transferring the property to another private
individual or private entity except in the case of condemnation
for the purpose of protecting the public health and safety, in
which event the public entity may transfer the condemned
property for value to a private individual or entity. However,
nothing in this section shall restrict or impair the right or
authority of the Wyoming energy authority to transfer property
condemned by the authority to another public or private entity
insofar as the transfer is consistent with the statutory
purposes or duties of the authority.

          (i)    Repealed by Laws 2019, ch. 34, § 4.

          (ii)    Repealed by Laws 2019, ch. 34, § 4.

     (d) If a public entity acquires property in fee simple
title under this chapter but fails to make substantial use of
the property for a period of ten (10) years, there is a
presumption that the property is no longer needed for a public
purpose and the previous owner or his successor may apply to the
court to request that the property be returned to the previous
owner or his successor upon repayment of the amount originally
received for the property in the condemnation action. A public
entity may rebut the presumption created under this subsection
by showing good cause for the delay in using the property.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1987–2026 · 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 41× “Wyo. Stat. Ann. § 1-26-801 (d) (LexisNexis 2021).”

Dir. of the Off. of State Lands & Investments v. Merbanco, Inc., 2003 WY 73 (Wyo. 2003). · cites it 2× “The board shall not use the power of eminent domain pursuant to W.S. 1-26-801 et seq. to purchase any lands under this section.”

Koontz v. Town of Superior, 746 P.2d 1264 (Wyo. 1987). · cites it 2× “Appellants contend that because the legislature has expressly given municipalities the power to acquire property for roads and streets through eminent domain, § 1-26-801, W.S. 1977 (Cum.Supp. 1987) and statutory dedication, §§ 34-12-101 to XX-XX-XXX, W.”

L.U. Sheep Co. v. Bd. of Cnty. Commissioners, 790 P.2d 663 (Wyo. 1990). “The action was commenced on March 3, 1988, well after the effective date of the Act, and the County did invoke its power of eminent domain pursuant to § 1-26-801. The purpose of the condemnation was to provide access to the Shoshone National Forest for recreation, the harvesting…”

Miller v. Campbell Cnty., Wyo., 722 F. Supp. 687 (D. Wyo. 1989). · cites it 2× “Wyo.Stat. § 1-26-801 (1988). The court is compelled to conclude that the plaintiff has not been deprived of a federally secured property right because the defendants took his property during an emergency for which *692 the state of Wyoming plainly provides an adequate…”

Bd. of Cnty. Commissioners of Johnson Cnty. v. Atter, 734 P.2d 549 (Wyo. 1987). · cites it 2× “Appellant's second issue is whether § 1-26-801, W.S.1977, Cum.Supp.1986, permits condemnation of private land for fill material when that land is not a site for public improvement.”

Miller v. Campbell Cnty., 901 P.2d 1107 (Wyo. 1995). · cites it 2× “Wyo.Stat. § 1-26-801 (1988). The court is compelled to conclude that the plaintiff has not been deprived of a federally secured property right because the defendants took his property during an emergency for which the state of Wyoming plainly provides an adequate…”

The State of Texas & Kyle Madsen in His Off. Capacity as Dir. of Right of Way v. Jrj Pusok Holdings, LLC (Tex. 2026). “10 the statutory amendments, citing cost,33 but the People of Texas nonetheless voted to amend the Constitution to expressly permit the repurchase of property “at the price the entity paid at the time of acquisition” if: “(1) the public use .”

— Wyo. Stat. § 1-26-801(d) — 1 case

Craig Colton v. Town of Dubois, 2022 WY 138 (Wyo. 2022). “Wyo. Stat. Ann. § 1-26-801 (d) (LexisNexis 2021).”

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