Property rights: lessen the impacts of eminent domain.

• Author: Checketts, Thomas
• Position: Legal Brief

Every year homeowners, business owners, farmers and tenants have their property taken so it can be used for public projects. Under the federal and the state constitutions, privately owned property can be taken, condemned or acquired through the process of eminent domain without the property owner's consent. Right now, hundreds of eminent domain projects involve thousands of people in Utah:

* The Utah Department of Transportation (UDOT) is undertaking a major expansion of 1-15 through Utah County from the point of the mountain to Spanish Fork.

* Proposed routes for the West Davis and Weber Corridor each call for the demolition of approximately 100 homes and the taking of property from hundreds of individuals.

* Residents in Herriman and Riverton are losing land and homes for the construction of the Mountain View Corridor.

* Draper business owners are losing land and access for the installation of "Michigan U-Turns" while West Valley City and Taylorsville business owners are being similarly impacted by the construction of "Continuous Flow Intersections".

While the exercise of eminent domain contributes to an ordered society and benefits the community by developing roads that track in a logical manner and easements that deliver utilities to homes and businesses, it is very troubling for those whose property is being taken or impacted.

Know Your Rights

While the exercise of eminent domain contributes to an ordered society and benefits the community by developing roads that track in a logical manner and easements that deliver utilities to homes and businesses, it is very troubling for those whose property is being taken or impacted.

The Utah Legislature has developed a unique process for dealing with condemnations. Utah's regime gives property owners significant rights, yet few take full advantage of these rights. For instance, you can require the condemning authority (condemnor) to meet with an independent mediator who can force the condemnor to pay for a second appraisal if there are concerns with the first.

Get the Help You Need

Condemnors have expertise and usually a cadre of attorneys and experts advising them. You need to engage qualified professionals who know the process and who are looking out for your interests early in the process. Utah law allows property owners (and their attorneys) to be present when the condemnor's appraiser first inspects the property. Being properly prepared for this meeting can help you to point out compensable...