Salt Lake City Corp. v. Evans Development Co., 2016 UT 15 (Mar. 24, 2016)

Rocky Mountain Power did not wish to sell land the City needed to complete its Westside Railroad Realignment Project, but agreed to transfer the land to the City if the City would make alternative property available. The City condemned Evans’ land to satisfy its obligations under the agreement. The court held that the exchange agreement did not satisfy the statutory requirements that the condemnor be in charge of the public use to which the property will be put and to oversee construction of the public use, and ordered the property returned to Evans.