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Utah Dep’t of Transportation v. Target Corp., 2020 UT 10 (Feb. 28, 2020)

Feb 28, 2020

In this eminent domain case, the supreme court clarified the standard for severance damages in cases involving partially condemned property by grounding the operative test in the terms of the statute as originally understood.  In doing so, the court discussed interplay between judicial gloss in case law and “the importance of sticking to the text of governing rules and statutes.”