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.
Structure Wyoming Statutes
Title 1 - Code of Civil Procedure
Article 2 - Quieting Title, Ejectment, Rights of Occupying Claimants
Section 1-32-201 - Action to Quiet Title.
Section 1-32-202 - Petition in Actions to Recover Realty; Sufficiency.
Section 1-32-203 - Petition in Action to Recover Realty; Answer.
Section 1-32-204 - Petition in Action Against Cotenant.
Section 1-32-205 - Recovery When Right Terminates During Action.
Section 1-32-206 - Benefit of Occupying Claimant Law.
Section 1-32-207 - Conditions Under Which Occupying Claimant to Be Paid for Improvements.
Section 1-32-209 - Entry of Claim Against Occupying Claimant; Subsequent Procedure.
Section 1-32-211 - Setting Aside Verdict and Judgment.
Section 1-32-212 - Judgment on Report of Jury in Favor of Plaintiff in Ejectment.
Section 1-32-213 - Proceedings if Report of Jury Is for Occupying Claimant.
Section 1-32-214 - Writ of Possession to Issue on Payment for Improvements.
Section 1-32-215 - Writ of Possession to Issue if Deed Tendered and Payment Refused.