Utah Supreme Court Questions But Does Not Decide Whether Condemnation Of Excess Property Satisfies The "Public Use" Requirement Of The State And Federal Constitutions.

On June 24, 2014, the Utah Supreme Court issued an opinion in UDOT v. Carlson, 332 P.3d 900 (Utah 2014).  In its opinion, the Court questioned but did not decide whether condemnation of excess property satisfies the the "public use" requirement of the state and federal constitutions.  The full text of the Court's opinion can be found here:  https://www.utcourts.gov/opinions/supopin/UDOT142420140624.pdf