Cornish Town v. Koller

Utah Supreme Court
817 P.2d 305 (Utah 1991)

A property owner may request that a jury determine the amount of compensation in an eminent domain action, but other issues related to eminent domain are questions of law that should be determined by a judge.

If the value of the property increases during a prolonged eminent domain action, a new valuation date may need to be established, because the owner will not receive fair compensation.

For there to be a regulatory taking under a zoning ordinance, the landowner must show that he has been deprived of all reasonable uses of the property. Most zoning ordinances impact property values in some way, and mere diminution in property value is not a taking.

The existence of mineral deposits is an element to be considered in determining the value of the land.

Full Text of Cornish Town v. Koller