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The State, through legislation, has delegated its condemnation powers to various agencies, political subdivisions, and even private companies. These include the Utah Department of Transportation, cities, counties, special districts, redevelopment agencies, and school districts.
Private corporations such as public utilities, canal, mining and lumber companies and railroads can use the power of eminent domain to acquire private property for a public purpose. All of these entities may exercise the power of condemnation, and are referenced throughout as "Agency".
These guidelines are provided by the Office of the Property Rights Ombudsman in an effort to provide better understanding of constitutional private property protections and the land use regulation process. They are not meant to constitute legal advice. They simplify and broadly generalize complex issues of law. Questions should always be directed to your attorney for specific advice. Suggestions and comments are always welcome.