Utah Department of Transportation v. Boggess-Draper Co.

Opinion

BENCH, Senior Judge:

T1 Boggess-Draper Company LLC appeals the district court's grant of the Utah Department of Transportation's (UDOT) motion in limine to exclude Boggess-Draper's evidence regarding severance damages in a condemnation proceeding. We reverse the district court's ruling and remand for further proceedings.

BACKGROUND

1 2 Boggess—Draper'owns several parcels of real property in South Jordan, Utah. In 2001, UDOT sought to condemn a portion of Boggess-Draper's property to expand the intersection of Lone Péak Parkway (which runs north to south) and 11400 South Street (which runs…