Land & Water Division
This article examines whether energy developers can condemn subsurface ways of necessity under the Wyoming Eminent Domain Act. In so doing, it describes the nature of the property interest in the subsurface, and applies section 32 and the requirements of the Wyoming Eminent Domain Act to subsurface acquisitions. It then briefly examines challenges posed by calculations of due compensation for subsurface takings.
The Private Pore Space: Condemnation for Subsurface Ways of Necessity,
16 Wyo. L. Rev.
Available at: http://repository.uwyo.edu/wlr/vol16/iss1/3