Utah's Takings Clause

“. . . .nor shall private property be taken for public use, without just compensation.”

— U.S. Constitution, Amendment V

“Private property shall not be taken or damaged for public use without just compensation.”

— Utah Constitution, Article I, § 22

Both the Utah Constitution and the Federal Bill of Rights have a Takings Clause to protect the rights of private property owners. These constitutional protections do not prohibit government agencies from acquiring private property, but they require that just compensation be paid to the owners whose property is taken.

NOTE: This summary is very simplified, and is provided for informational purposes. Any questions on this topic should be directed to The Office of the Property Rights Ombudsman.