In our opinion: Caution is necessary when Utah transit projects engage in the practice of eminent domain
“The use of eminent domain to condemn and acquire private property in order to accommodate a necessary government function has been part of this country since its inception. The Constitution requires that landowners receive “just compensation” for any land taken for “public use.” The specific definition of what constitutes “just compensation,” or what constitutes “public use,” in each instance is seldom agreed upon by both parties. Consequently, this is a process that is ripe for abuse if not conducted with appropriate oversight.
The Utah Constitution reaffirms the principle of just compensation for public use. Both the Legislature and the Utah Supreme Court have attempted to address the issue on multiple occasions in an effort to be clear and protect property owners’ basic rights. That may have been part of the reasoning behind the law that clearly states that the Utah Transit Authority “may not acquire property by eminent domain.” Under Utah law, UTA is a local district political subdivision, not a state agency. However, another law allows the Utah Department of Transportation to act on UTA’s behalf to do precisely that “for the establishment or operation of a public transit district.”
So UTA can’t declare eminent domain, but UDOT can do it for them.”
Desert News 9 July 2014.