Provo City v. Ivie

DURRANT, Associate Chief Justice:

¶ 1 This appeal addresses the question of whether Provo City possesses the eminent domain power to condemn property located outside its incorporated boundaries. Because Provo City has presented no evidence that it is a chartered city, it is not entitled to exercise the eminent domain powers granted to municipalities under article XI, section 5 of the Utah Constitution. Moreover, Provo City has failed to demonstrate that the legislature has granted it the power to extraterri-torially condemn appellants’ property under the circumstances in this case.…