Just Compensation Cases City of Hildale v. CookeJust compensation based on property’s highest and best use. Cornish Town v. KollerJury 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. Davis County v. Zions First National BankValue enhancement due to project not included in fair market value; comparable sales must be of similar properties. The Carpet Barn v. UDOTSeverance damages may include loss of access or parking. Tooele County v. FerrebeeCompensation is not adjusted due to the presence of the public project being built. UDOT v. Admiral Beverage Corp.Discusses some of the factors in determining Just Compensation. UDOT v. Boggess-Draper (UT Ct. App.) (2025)Distinguishing general and special benefits in cases of severance damages. UDOT v. Boggess-Draper (Utah Sup. Ct.) (2020)Admissibility of evidence after date of evaluation to determine market value at time of acquisition. UDOT v. FPA West Point, LLCEach property interest valued separately and individually.Appellate Decisions
Cornish Town v. KollerJury 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.
Davis County v. Zions First National BankValue enhancement due to project not included in fair market value; comparable sales must be of similar properties.
Tooele County v. FerrebeeCompensation is not adjusted due to the presence of the public project being built.
UDOT v. Boggess-Draper (UT Ct. App.) (2025)Distinguishing general and special benefits in cases of severance damages.
UDOT v. Boggess-Draper (Utah Sup. Ct.) (2020)Admissibility of evidence after date of evaluation to determine market value at time of acquisition.