Utah Dep’t of Transp. v. Admiral Beverage Corp.

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The Utah Department of Transportation (UDOT) condemned real property belonging to Admiral Beverage Corporation, and Admiral was entitled to compensation from the State for the taking of its property. During the condemnation proceedings, Admiral sought to introduce evidence of the fair market value of its property, including evidence of its damages arising from the loss of view and visibility of its remaining property. The district court ruled that evidence of the fair market value of Admiral's property was not admissible under the holding in Ivers v. UDOT. The court of appeals affirmed. The Supreme Court reversed, holding (1) the part of Ivers that allowed severance damages only for "recognized property rights" was too restrictive to accord the full protection of the Utah Constitution, was inconsistent with both Utah statutes and the Court's prior case law, and was therefore overruled; and (2) Admiral had the right to recover from UDOT for the decrease in the fair market value of its remaining property resulting from the condemnation. View "Utah Dep't of Transp. v. Admiral Beverage Corp." on Justia Law