Wyoming Statutes
Wyo. Stat. § 1-26-815 (2026)
Right of eminent domain granted; ways of
✓ current as of May 2026
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necessity for authorized businesses; purposes; extent.
(a) Any person, association, company or corporation
authorized to do business in this state may appropriate by
condemnation a way of necessity over, across or on so much of
the lands or real property of others as necessary for the
location, construction, maintenance and use of reservoirs,
drains, flumes, ditches including return flow and wastewater
ditches, underground water pipelines, pumping stations and other
necessary appurtenances, canals, electric power transmission
lines and distribution systems, railroad trackage, sidings, spur
tracks, tramways, roads or mine truck haul roads required in the
course of their business for agricultural, mining, exploration
drilling and production of oil and gas, milling, electric power
transmission and distribution, domestic, municipal or sanitary
purposes, or for the transportation of coal from any coal mine
or railroad line or for the transportation of oil and gas from
any well.
(b) The right of condemnation may be exercised for the
purpose of:
(i) Acquiring, enlarging or relocating ways of
necessity; and
(ii) Acquiring easements or rights-of-way over
adjacent lands sufficient to enable the owner of the way of
necessity to construct, repair, maintain and use the structures,
roads or facilities for which the way of necessity is acquired.
(c) A way of necessity acquired hereunder shall not exceed
one hundred (100) feet in width on each side of the outer sides
or marginal lines of the reservoir, drain, ditch, underground
water pipeline, canal, flume, power transmission line or
distribution system, railroad trackage, siding or tramway unless
a greater width is necessary for excavation, embankment or
deposit of waste from excavation. In no case may the area
appropriated exceed that actually necessary for the purpose of
use for which a way of necessity is authorized.
(d) Repealed by Laws 2025, ch. 72, § 3.
(e) No person qualified to exercise the condemnation
authority granted by this section, except those persons
specified in W.S. 1-26-818(h), shall exercise the authority for
the erection, placement or expansion of an energy collector
system associated with a commercial facility generating
electricity except in accordance with W.S. 1-26-818.Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1986–2021 · leading case: Bridle Bit Ranch Co. v. Basin Elec. Power Coop., 2005 WY 108 (Wyo. 2005).
Bridle Bit Ranch Co. v. Basin Elec. Power Coop., 2005 WY 108 (Wyo. 2005). “] [¶ 19] Wyo. Stat. Ann. § 1-26-815 (Lex-isNexis 2005) provides: § 1-26-815.”
Alice A. Platt, 2014 WY 142 (Wyo. 2014). “[¶54] Appellees argue, and the dissent agrees, that if an easement cannot be obtained by agreement, one can be condemned under Wyo. Stat. Ann. § 1-26-815 . In order to exercise the power of eminent domain, the parties would have to prove the elements of § 1-26-504(a): (i) The…”
EMD Wyoming, LLC v. BRW East, LLC BRW West, LLC Indian Meadows East, LLC Indian Meadows West, LLC & Warren B. Bartlett, 2021 WY 64 (Wyo. 2021). “Wyo. Stat. Ann. § 1-26-815 (a) (emphasis added).”
WYMO Fuels, Inc. v. Edwards, 723 P.2d 1230 (Wyo. 1986). “174, § 3, and now appearing at § 1-26-815, W.S.1977 (1986 Cum.Supp.); S.”
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). “In addition, private ways of necessity may be condemned for various uses under § 1-26-815. Another example of private condemnation can be found in the private road procedure at Wyo.”
Wyoming Resources Corp. v. T-Chair Land Co., 2002 WY 104 (Wyo. 2002). “§ 1-26-815. Right of eminent domain granted; ways of necessity for authorized businesses; purposes; extent.”
Alice A. Platt, 2014 WY 142 (Wyo. 2014). “[¶54] Appellees argue, and the dissent agrees, that if an easement cannot be obtained by agreement, one can be condemned under Wyo. Stat. Ann. § 1-26-815 . In order to exercise the power of eminent domain, the parties would have to prove the elements of § 1-26-504(a): (i) The…”
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). “In addition, private ways of necessity may be condemned for various uses under § 1-26-815. Another example of private condemnation can be found in the private road procedure at Wyo.”
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