Utah Eminent Domain Attorneys

Condemnors aren’t the only ones with eminent domain rights in Utah. If you’re facing eminent domain in Utah, it’s important to hold the condemnors accountable to the law. No matter if your land is being taken by the state, your local government, or a utility company, Sever Walker Padgitt, eminent domain attorneys licensed to practice in Utah, will give you the support you need in a troubling time.

What Is Eminent Domain Law In Utah?

Eminent domain in Utah refers to the right of a group to take private land for a public purpose. According to Utah laws, a variety of groups may have eminent domain rights, including local, state, and federal governments, as well as utility and university groups.

Public purpose can include:

• Roads
• Public service buildings
• Schools
• Parks
• Utilities

What Is the Condemnation Litigation Process in Utah?

The litigation process typically begins with notification from the condemning authority that contains an offer for just compensation. At this point, the property owner should consult with an eminent domain lawyer to evaluate the offer and initiate appropriate negotiations.

Property owners have the right to negotiate a more favorable outcome if deemed necessary. This may include additional appraisals and other strategies to help determine a fair market value that is agreeable to both parties. When necessary, these negotiations can proceed to litigation.

The litigation process usually includes:

• Filing a complaint
• Information and evidence exchanges in preparation for the trial
• Presentation to a jury at trial
• Court decision
• And, a possible appeal

The length of time this takes can vary according to the complexity and case load. It is still possible that a litigation case can settle out of court before it reaches a trial by jury.

What Are Utah-Specific Eminent Domain Requirements?

Licensed eminent domain attorneys are available to help advise property owners about their Utah-specific rights and options.

The key components of Utah eminent domain law mean that both public use and just compensation must be proved and agreed upon before a property can be taken. Property use must be necessary, authorized by law, and imminent. It must be shown that property use and construction will commence within a reasonable timeframe.

Receiving an eminent domain notice in Utah can be completely overwhelming. Many landowners are so surprised that they don’t take the time to consider their rights. That’s one of the reasons that an eminent domain attorney can help ensure justice is served in any situation.

Here’s what to do if you get an eminent domain notice:

Sever Walker Padgitt is your source for a wide variety of projects, including pipeline and powerline takings, as well as road projects in Salt Lake City, West Jordan, Provo, St. George, and beyond.