Utah Department of Transportation v. FPA West Point, LLC

Chief Justice DURRANT,

opinion of the Court:

INTRODUCTION

T1 This appeal results from an action in eminent domain, in which the Utah Department of Transportation (UDOT) sought to condemn an access point easement (Access) on property owned by FPA West Point (FPA). - FPA's codefendant and lessee, Kmart Corporation (Kmart), also claims an interest in the Access. Because of the different interests claimed by FPA and Kmart, FPA filed a motion asking the court to order separate just compensation determinations. The district court granted the motion.

12 In making this decision, the court determined…