320 P.3d 50
Utah Ct. App.2014Background
- UDOT condemned Walker Development Partnership property in 1992 for widening Wasatch Boulevard.
- Walker did not challenge the Condemnation Resolution’s property description in 1992.
- Lunt, Walker’s appraiser, suggested potential additional acreage (8.42 acres) outside the condemned description due to pre-expansion right-of-way; estimated value $757,800.
- Walker urged that pre-expansion right-of-way testing be admissible to determine just compensation, arguing it related to scope of taking.
- UDOT moved in limine in 2011 to exclude evidence of any taking beyond the Condemnation Resolution; district court granted in 2012 without stated reasons.
- Walker sought to amend pleadings regarding pre-expansion rights; district court denied; appellate proceedings ensued.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the motion to exclude evidence was correct | Walker | UDOT | Exclusion affirmed; evidence of extra takings not described in the Condemnation Resolution is inadmissible |
| Whether Walker can recover for taking beyond the Condemnation Resolution in this proceeding | Walker | UDOT | Walker not entitled to compensation in this proceeding for unpleaded extra taking |
Key Cases Cited
- Ash v. State, 572 P.2d 1374 (Utah 1977) (eminent domain petition must describe land with ordinary-person understandability)
- Gardner v. Board of County Comm'rs, 178 P.3d 893 (Utah 2008) (inverse condemnation when private property taken absent formal use of eminent domain)
- Wasatch County v. Okelberry, 179 P.3d 768 (Utah 2008) (dedication and abandonment to public use generally ten-year standard for right-of-way)
- Holmes Dev., LLC v. Cook, 48 P.3d 895 (Utah 2002) (pleading amendments cannot introduce new theories in opposition to motions to exclude)
- Wintergreen Group, LC v. Utah Dep't of Transp., 171 P.3d 418 (Utah 2007) (ripeness in inverse condemnation versus direct condemnation actions)
- Fundamentalist Church of Jesus Christ of Latter-Day Saints v. Lindberg, 238 P.3d 1054 (Utah 2010) (ripeness and limitations on advisory opinions in litigation)