2012 Wyoming Statutes
TITLE 1 - CODE OF CIVIL PROCEDURE
CHAPTER 26 - EMINENT DOMAIN
1-26-711. Taking of leasehold interest.
(a) If all or part of the property taken includes a leasehold interest, the effect of the condemnation action upon the rights and obligations of the parties to the lease is governed by the provisions of the lease, and in the absence of applicable provisions in the lease, by this section.
(b) If there is a partial taking and the part of the property taken includes a leasehold interest that extends to the remainder, the court may determine that:
(i) The lease terminates as to the part of the property taken but remains in force as to the remainder, in which case the rent reserved in the lease is extinguished to the extent it is affected by the taking; or
(ii) The lease terminates as to both the part taken and the remainder, if the part taken is essential to the purposes of the lease or the remainder is no longer suitable for the purpose of the lease.
(c) The termination or partial termination of a lease under this section shall occur at the earlier of the date on which, under an order of the court, the condemnor is permitted to take possession of the property, or the date on which title to the property is transferred to the condemnor.
(d) This section does not affect or impair a lessee's right to compensation if his leasehold interest is taken in whole or in part.
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