Utah Department of Transportation v. G. Kay, Inc.
2003 UT 40 · Utah Supreme Court · 2003
Facts
The Utah Department of Transportation (UDOT) planned the Legacy Parkway Project, which required a federal permit due to wetland impacts. To obtain this permit, UDOT proposed creating a 2,100-acre Legacy Nature Preserve for environmental mitigation. UDOT initiated condemnation proceedings against G. Kay, Inc.'s property for this preserve, which G. Kay challenged.
Issue
Does Utah law authorize the Utah Department of Transportation (UDOT) to condemn private property for the purpose of mitigating the environmental impacts of highway construction, specifically for creating a nature preserve?
Holding
The Utah Supreme Court affirmed the trial court's decision, holding that UDOT was authorized to condemn property for environmental mitigation purposes related to highway construction.
Rule
Utah Code Ann. sections 72-5-108(1) and 72-5-102 define 'state transportation purposes' to include the acquisition of real property for 'mitigation from the effects of these activities on state highways' and 'mitigation of impacts from public transportation projects.' This statutory language unambiguously authorizes condemnation for environmental mitigation, and water rights are considered real property interests subject to condemnation.
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