Decision to grant or deny a conditional use application must be based upon substantial evidence; consent of neighbors may not be a requirement for a conditional use permit.
Bagford v. Ephraim City
Although a contract may be a type of property right, there is no taking if a public agency does not renew a contract.
Carrier v. Lindquist
Property along public roads entitled to access to and from that road.
Bingham v. Roosevelt City
Discusses what constitutes a “protectible property right.”
Bountiful City v. DeLuca
Regulation of property for the public good becomes a taking if the regulation deprives owner of a significant amount of economic value.
City of Monterey v. Del Monte Dunes at Monterey
Compensation is the remedy for a property taking.
Colman v. Utah State Land Board
Discusses the operation and applicability of the Takings Clause, including “damaging” as a taking under the Utah Constitution.
Conatser v. Johnson
Public’s right to utilize the waters of the state, including touching stream beds.
Cornish Town v. Koller
Jury may determine amount of compensation, if matter is postponed, new valuation may need to be established.
Zoning ordinance may be a regulatory taking if all economic use of the property is lost.
