Wyo. Stat. » Wyo. Stat. / Title 01 - Civil Procedure / Chapter 26 - EMINENT DOMAIN / Article 8 - POWER OF EMINENT DOMAIN GRANTED
Wyoming Statutes

Wyo. Stat. § 1-26-810 (2026)

Powers of railroad companies relative to

✓ current as of May 2026
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condemnation generally.

     (a) Any railroad company organized under the laws of this
state, the laws of the United States or which has been duly
organized under the laws of any other state and has filed copies
of its articles of incorporation with the secretary of state in
this state as required by law is authorized to:

          (i) Exercise the power of eminent domain to acquire
rights-of-way for railroad tracks and easements for offices,
depots and other appurtenant facilities related directly to the
operation of the railroad;

          (ii) Take, hold and appropriate a right-of-way over
adjacent lands sufficient to enable the corporation to construct
and repair its road upon the line of its location or relocation
thereof; and

          (iii) Acquire a right to conduct water by aqueducts
and to make appropriate drains.

     (b) Any land taken, appropriated and held otherwise than
by the consent of the owner shall not exceed two hundred (200)
feet in width unless greater width is necessary for excavations,
embankments, depositing waste earth or for construction of other
appurtenant facilities necessary for the operation of the
railroad.
Notes of Decisions
Cited in 3 cases, 1998–2017 · leading case: 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).
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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). “” Some examples of private condemnation actions found in the Eminent Domain Act include actions by railroads (§ 1-26-810) and utility, petroleum or pipeline companies (§ 1-26-814).”
Wilson v. Amoco Corp., 33 F. Supp. 2d 969 (D. Wyo. 1998). · cites it 2× “Even were the Court to assume W.S. § 1-26-810 permitted BN to take property for the purposes of waste disposal, it would nonetheless be compelled to dismiss this claim.”
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). “” Some examples of private condemnation actions found in the Eminent Domain Act include actions by railroads (§ 1-26-810) and utility, petroleum or pipeline companies (§ 1-26-814).”
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