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UTAH DEPT. OF TRANSP. v. CARLSON

No. 20120414.

332 P.3d 900 (2014)

2014 UT 24

UTAH DEPARTMENT OF TRANSPORTATION, Appellee and Plaintiff, v. Michael M. CARLSON, Jennifer Carlson, Joseph Scovil, Salt Lake County, a political subdivision of the State of Utah, and John Does I-IV, Appellants and Defendants.

Supreme Court of Utah.

June 24, 2014.

Attorney(s) appearing for the Case

Sean D. Reyes , Att'y Gen., Nancy L. Kemp , Asst. Att'y Gen., Salt Lake City, for appellee.

Paul C. Drecksel , Justin P. Matkin , Salt Lake City, for appellants.

Justice LEE, opinion of the court:

¶ 1 This case presents the question whether the Utah Department of Transportation (UDOT) has the authority to use the power of eminent domain to condemn private property in excess of that needed for a transportation project. The condemnation at issue involved a fifteen-acre parcel owned by Michael Carlson. UDOT condemned the whole parcel despite the fact that it needed only 1.2 acres for its planned project. In so doing, UDOT...

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