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Nonchartered city cannot condemn property outside its boundaries.

The Supreme Court of Utah ruled that a nonchartered city was not empowered to condemn property outside its boundaries.

Several property owners have property consisting of essentially a small, unincorporated island of Utah County surrounded by Provo City. In 2000, the Provo City council passed a resolution providing for the condemnation of the owners' property to construct a road and bike path through the property. The purpose was to connect two existing Provo City streets, which would alleviate traffic congestion in the area and improve east-west traffic movement in the city. The property owners challenged the condemnation asserting that the city could only exercise condemnation powers within its municipal boundaries. The trial court ruled for the city. The property owners appealed.

The appellate court said that Provo City had given no indication that it had adopted a charter entitling it to any of the powers granted under the state constitution, including the power of extraterritorial eminent domain. Thus, the court said that since Provo City was not a chartered city, it may not exercise powers conferred on chartered cities absent a legislative enactment granting such power. The trial court decision was reversed.

Provo City v. Ivie

Supreme Court of Utah

April 20, 2004

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Title Annotation:cases in brief; Provo City v. Ivie, Supreme Court of Utah 2004
Publication:Appraisal Journal
Geographic Code:1U8UT
Date:Jan 1, 2005
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