2019 Wyoming Statutes
Title 1 - Code of Civil Procedure
Chapter 32 - Real Property
Article 2 - Quieting Title, Ejectment, Rights of Occupying Claimants
Section 1-32-210 - Question of Fact to Be Tried by Jury Upon Request; View of Premises; Findings; Trial by Court Without Jury.
1-32-210. Question of fact to be tried by jury upon request; view of premises; findings; trial by court without jury.
(a) An occupying claimant desiring a jury trial shall have five (5) days and the opposite party ten (10) days after the rendering of the judgment as provided in W.S. 1-32-209 to demand a jury and deposit a jury fee as in civil actions. If no jury is demanded the case shall be tried by the court.
(b) For the trial of the question of fact a jury, if demanded, shall view the premises in question. From the view and the testimony, the jury shall find in their verdict:
(i) The reasonable value of the permanent and valuable improvements made on the land previous to the occupying claimant's receipt of actual notice of the adverse claim of the plaintiff;
(ii) The damages, if any, the land has sustained by waste, including the value of the timber or other valuable material removed or destroyed; and
(iii) The net annual value of the rents and profits of the land accruing after the occupying claimant received notice of claim by service of summons.
(c) The jury shall find the value of the land at the time judgment was rendered with the improvements thereon and its value without the improvements or damages sustained by waste and return their verdict in open court.
