Schroeder Investments, L.C. v. Edwards

Justice LEE,

opinion of the Court:

T1 The Utah Department of Transportation (UDOT) owns a piece of property used as a detention pond in Provo, on land adjacent to property owned by Schroeder Investments. Schroeder filed a condemnation action, asserting a right to condemn a portion of UDOT's pareel to construct an access road to the development Schroeder planned to build on its property.

12 UDOT moved for summary judgment. It invoked the "more necessary public use" provision of the eminent domain statute, which provides that property "already appropriated to some public use" may not be…