Provo City v. Ivie

Utah Supreme Court

2004 UT 30, 94 P.3d 206

Only chartered cities may claim authority from Article XI, § 5 of the Utah Constitution.  If a city does not have a charter, it derives its authority from the Utah Legislature only.

Under the law in place when this decision issued, a city only had authority to condemn property within its own boundaries, but could not take action affecting extra-territorial property without the concurrence of the jurisdiction (county or municipal) presiding over that territory.

NOTE:  Following this decision, the Utah Code was amended, allowing cities to condemn property outside their boundaries.

See also Utah County v. Ivie

Full Text of Provo City v. Ivie