Eminent Domain Cases

Berman v. Parker—Eminent Domain used for Aesthetic Improvement

Davis County v. Zions First National Bank–Requirements for eminent domain complaint; determining value.

Hawai’i Housing Authority v. Midkiff–-“Public Welfare” is a broad concept, and eminent domain may be used as long as the objective is to promote the public welfare.

Kelo v. City of New London–-What constitutes a “public use” under the Takings Clause.

Marion Energy Inc. v. KFJ Ranch Partnership–Ambiguity in eminent domain statute construed in favor of property owner.

Price Development Co. v. Orem City–Redevelopment agencies must follow substantive and procedural rules when exercising eminent domain authority.

Provo City v. Ivie–Cities may only exercise authority granted to them by the Legislature.

Schroeder Investments, LC v. UDOT–Discusses the “more necessary public use” rule pertaining to eminent domain.

Selman v. Box Elder County–Discusses Authority of Ombudsman Office to mediate takings disputes.

Three-D Corp. v. Salt Lake City–Loss of reasonable access from a public street may constitute a property taking.

UDOT v. Harvey Real Estate–Right of access from public street, compensation for loss of access.

Utah County v. Ivie–What is required to obtain an order of immediate occupancy.