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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) If a proposed use cannot be obtained under W.S. 1-26-813, any condemnor may exercise the power of eminent domain to acquire property appropriated to public use if the proposed use will not unreasonably interfere with or impair the continuance of the public use as it then exists or may reasonably be expected to exist in the future. The burden of proving that a proposed use will not unreasonably interfere with or impair the continuance of the existing public use is on the prospective condemnor.
(b) Where property is taken under subsection (a) of this section, the parties shall attempt to make an agreement determining the conditions upon which the property is taken and the manner and extent of its use by each of the parties. Except as otherwise provided by law, if the parties are unable to agree, the court shall fix the terms and conditions upon which the property is taken and the manner and extent of its use by each of the parties.
Cite this article: FindLaw.com - Wyoming Statutes Title 1. Code of Civil Procedure § 1-26-505. Condemnation of property devoted to a public use - last updated January 01, 2024 | https://codes.findlaw.com/wy/title-1-code-of-civil-procedure/wy-st-sect-1-26-505/
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