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Utah Constitution Requires Just Compensation When Property Condemned for a...
A landowner must be paid , “just compensation” for private property “taken or damaged” for a public use. Utah Constitution Article I Section 22 states that: “Private property shall not be taken or...
View Article“Taken or Damaged” Clause Broadens Just Compensation Guarantee in Utah...
Like many other jurisdictions, when Utah became a state in 1895, it followed the growing national trend to provide greater protections to landowners and a more meaningful remedy for governmental...
View ArticleCondemning Private Property for Private Benefit and The Politics of Eminent...
The politics of Eminent Domain was recently brought center stage at the first GOP Presidential Debate. A question was asked of Governor Romney whether he supported the use of eminent domain to...
View Article“Taken or Damaged” Clause; “Damaged” has Meaning
The United States Constitution guarantees that private property may not be taken for a public use unless the landowner receives just compensation: “…nor shall private property be taken for public use,...
View ArticlePre-requisites Before Commencing the Eminent Domain Condemnation Process
There are many variations among the states governing emiment domain process and procedures. Some of the most important procedures govern the process that must be followed to commence an eminent...
View ArticleWhen does a “Taking” of Private Property Occur?
Typically, a “taking” occurs, when there has been a trespass, taking, use or physical invasion of private property for a public use (with certain exceptions to be discussed in a future post)....
View ArticleWhat is Just Compensation for Taking Private Property?
When private property is taken by the government for a public use the government must pay “just compensation” to the property owner. Fifth Amendment, U.S. Constitution (“…nor shall private property...
View ArticleVisibility Damages Are Recoverable in a Condemnation Action, Says Utah Court
The Utah Supreme Court, on October 18, 2011, issued one of its most important eminent domain decisions in years. The case is entitled Utah Department of Transportation v. Admiral Beverage Corporation,...
View ArticleAdmiral Beverage Revisited: Reconsideration Requested of Eminent Domain Decision
As previously reported in this blog, the Utah Supreme Court delivered a significant eminent domain opinion in the case of Utah Department of Transportation v. Admiral Beverage Corporation, 2011UT 62....
View ArticleAdmiral Beverage Part 3: Petition for Reconsideration and Response
The last blog post reviewed the holding of the Utah Supreme Court’s Admiral Beverage case and informed that UDOT had filed a narrow Petition for Reconsideration. The Supreme Court denied the Petition....
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