A few decisions from Federal and State Appellate Courts which are relevant to Property Takings, Eminent Domain, and Land Use Regulation are summarized here.
Links are provided to the text of each decision. The factual background of the cases is not included, but only the significant legal conclusions.
About Apellate Decisions
Utah has two appellate courts: The Utah Court of Appeals, and the Utah Supreme Court. The Federal Court system is separate from state courts, and includes regional Courts of Appeal, and the United States Supreme Court, which is the “highest court in the land.”
Appellate decisions apply and interpret current laws, and determine outcomes of specific cases. Most of these decisions are published, and become “precedent,” or binding on future cases involving the same legal principles. ~ It should be remembered, however, that although the reasoning of a decision may apply in other matters with similar issues, each situation is still judged individually. The specific fact situation of a matter often affects the approach taken by an appellate court. Furthermore, laws may change, affecting how a decision may be applied; and new appellate cases may alter older interpretations.
The decisions have been divided into the following topics (Click on the topic title to access the cases):