Takings Cases

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.

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.

Carrier v. Lindquist

Property along public roads entitled to access to and from that road.

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.

Diamond B-Y Ranches v. Tooele County

Discusses what constitutes a taking.

Farmer’s New World Life Insurance Co. v. Bountiful City

Recovery for permanent damaging of property for a public use.

First English Evangelical Lutheran Church of Glendale v. County of Los Angeles

Compensation required even if taking is only “temporary.”

Hamblin v. Clearfield City

Takings claim may arise from storm water entering property from a public storm drain system.

Keystone Bituminous Coal Ass’n v. DeBenedictis

The entire range of property rights available to the owner is critical to a takings analysis.

LC Canyon Partners, LLC v. Salt Lake County

What constitutes a “protectible property interest.”

Loretto v. Teleprompter Manhattan CATV Corp.

If a regulation requires any physical occupation of private property, a taking has occurred.

Lucas v. South Carolina Coastal Council

Taking occurs when regulation destroys all property value.

Palazzolo v. Rhode Island

Ripeness considerations in regulatory takings.

Penn Central Transportation Co. v. New York City

When a regulation constitutes a taking of private property.

Pennsylvania Coal Co. v. Mahon

If regulation of property goes too far, it will be considered a taking.

Rocky Mountain Thrift Stores, Inc. v. Salt Lake City

Temporary interference with property is not a taking or damaging.

Sanguinetti v. United States

Damaging property as a taking under the Federal Constitution.

Selman v. Box Elder County

Property owners entitled to assistance from Ombudsman

Three D Corp. v. Salt Lake City

Total denial of access is compensable.

Uintah Mountain RTC, LLC v. Duchesne County

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.

Wasatch County v. Okelberry

When continuous public use causes dedication of private land for a public road.

Wintergreen Group, LLC v. UDOT

Ripeness and right to pursue claims for compensation.

Yee v. City of Escondido

Right to rent property may not be conditioned on forfeiture of right to compensation for mandated physical occupation of the property.
Lingle v. Chevron USA, Inc.–What constitutes a regulatory taking, and what happens when a regulation is invalid.
Appellate Decisions