Utah Supreme Court February 16, 2016 2016 UT 8 (Click for text of opinion) In this case, the Utah Supreme Court held that title to property passes by operation of law when the elements of boundary by acquiescence are met. The Hugheses owned property adjacent to property owned by Q-2 L.L.C. (“Q-2”) in Syracuse, Utah. An old fence had served as …
Marvin Brandt Revocable Trust v. United States
United States Supreme Court March 10, 2014 2014 U.S. LEXIS 1788 The US Supreme Court determined that a railroad right-of-way granted under an 1875 federal law was an easement only, and did not grant any title to the land. Thus, when the railroad was abandoned, the right-of-way was terminated, and the property owner retained ownership. The case concerned a rail …
UDOT v. Walker Development Partnership
Utah Court of Appeals 2014 UT App 30 (Click for Full Text of Opinion) February 6, 2014 In a condemnation proceeding which has lingered for over 20 years, the Utah Court of Appeals agreed that the property owner may not amend its original answer to include a new claim that more property was being taken than was identified in the …
Delta Canal Co. v. Frank Vincent Family Ranch, LC
Utah Supreme Court 2013 UT 54 (Click here for full text of Opinion) August 16, 2013 The Utah Supreme Court clarified rules pertaining to partial forfeiture and partial abandonment of water rights. The Court reasserted long-standing precedent that water rights may be partially forfeited through non-use. Utah Statutes apparently did not include partial forfeiture until 2002, …
Johnson v. Weber County
Utah Court of Appeals 2013 UT App 121 (Click for full text of Opinion) May 16, 2013 The Utah Court of Appeals upheld a county’s determination that a private school serving students with specific needs met the county’s definition of “school,” and was thus a permitted use. The case concerned a proposed private school, Green Valley Academy, which serves …
Schroeder Investments, LC v. Edwards & UDOT
Supreme Court of Utah 2013 UT 25 (Click for full text of Opinion) May 3, 2013 The Utah Supreme Court considered an application of the “more necessary public use” provision of Utah’s eminent domain statute, and rejected an expanded version of the so-called “compatible use exception” to that provision. Schroeder Investments hoped to develop its property but needed a …