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PROVO CITY v. IVIE

No. 20020980.

94 P.3d 206 (2004)

2004 UT 30

PROVO CITY, a municipal corporation, Plaintiff and Appellee, v. Kay J. IVIE, Devon R. Ivie, Kristine J. Lee, Edward R. Lee, Spring Canyon Limited Partnership, Canyon Acres Limited Partnership, Robert Lee Kenner, and Kirma P. Kenner, Defendants and Appellants.

Supreme Court of Utah.

April 20, 2004.

Attorney(s) appearing for the Case

David C. Dixon, Provo, Harold A. Hintze, Fish Haven, Idaho, for plaintiff.

M. Dayle Jeffs, Provo, for defendants Kay J. Ivie, Devon R. Ivie, Kristine J. Lee, Edward R. Lee, Spring Canyon Limited Partnership Canyon Acres Limited Partnership, Robert Lee Kenner, Kirma P. Kenner, defendants pro se.

DURRANT, Associate Chief Justice:

¶ 1 This appeal addresses the question of whether Provo City possesses the eminent domain power to condemn property located outside its incorporated boundaries. Because Provo City has presented no evidence that it is a chartered city, it is not entitled to exercise the eminent domain powers granted to municipalities under article XI, section 5 of the Utah Constitution. Moreover, Provo City has failed to demonstrate that the legislature...

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