Utah Dep’t of Transp. v. Coalt Inc., 2016 UT App 169 (Aug. 4, 2016)

UDOT’s condemnation of 65 acres of land in order to resolve litigation by private litigants challenging the Legacy Parkway environmental assessment was upheld as fulfilling a state transportation purpose, but because the land was being banked for “future mitigation credits” for non-Legacy projects, the court held that the trial court should have considered the enhancive value attributable to the completion of the Legacy Highway in determining just compensation for the taking. The court also addressed the effect of an appellee’s failure to brief an issue, holding that while failure to brief does not result in a technical default, it nevertheless may be treated as an acknowledgement of the correctness of the appellant’s arguments.