Utah Dep't of Transp. v. Kmart Corp.

Chief Justice Durrant, opinion of the Court:

Introduction

¶ 1 This eminent domain case is before us on appeal for the second time. The first appeal ( Utah Department of Transportation v. FPA West Point, LLC 1 ) addressed valuation methods in the context of a condemnation award determination. In that case, we held that courts must use the aggregate-of-interests approach-which determines the value of properties with divided ownership interests by assessing the value of each property interest separately-in deciding the amount of a condemnation award. In this appeal we must decide whether the…