Utah Department of Transportation v. Admiral Beverage Corp.
Utah Supreme Court
275 P.3d 208 (2011)
After the Utah Department of Transportation (UDOT) (plaintiff) condemned portions of Admiral Beverage's (defendant) two parcels to expand I-15 and elevate it roughly 28 feet, cutting off the property's eastward view and reducing its visibility from the freeway, Admiral sought to introduce appraisal evidence reflecting the resulting diminution in market value, including the visibility loss. UDOT moved to exclude any evidence tied to lost freeway visibility, and the trial court granted that motion relying on prior precedent limiting compensation to damages affecting protectable property rights; Admiral appealed.
Whether, under the Utah Constitution, a property owner who has had a portion of his property taken by eminent domain is entitled to severance damages equal to the diminution in market value of the remainder of the property.