HOME > Condemnation > Can an agency take my land?

Yes, certain agencies (government and private companies such as utility or mining companies) have the authority to condemn land for a public purpose subject to the condition that the agencies pay just compensation to the owner of the land.

Agencies must follow federal and state law when taking land by condemnation or eminent domain. The Fifth Amendment of the US Constitution states that "nor shall private property be taken for public use, without just compensation." The Utah Constitution includes similar language. It reads that "private property shall not be taken or damaged for public use without just compensation." Article I, Sect. 22, Utah Constitution. The procedures for eminent domain are found in Section 78-34-1, et seq., of the Utah Code Annotated.

An agency can take land for a public use. The term "public use" generally means that the property will be used or available for public use after it is acquired. Examples of such public uses include condemnation for roads, schools, parks, public buildings, or to eliminate a "blighted area" and accomplish redevelopment. "Public use" does not mean that the property must be owned by a government entity.

Many uses have been statutorily designated by the Utah legislature as a public use even though they appear private in nature. Property can be in private ownership after condemnation, and used for power lines and private canals, railroads, mines, and other uses so long as the condemnation was to accomplish a "public use" as defined in statute. Incidental private benefits can result from a project that will nevertheless be considered as a "public use."

Related Links

• Who can use the power of Eminent Domain?
• I received notice of an action for condemnation/eminent domain. What does that mean?
• Why did I receive an offer from an agency to purchase my land?
• What compensation do I receive for my property?

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.