Provo City v. Ivie

OPINION

ORME, Judge:

¶ 1 In 2002, Provo City sought to condemn Appellants’ property to build a road and bike path that would connect two existing Provo streets. Because their property is in an unincorporated area of Utah County, Appellants disputed Provo’s right to condemn the property. Provo City moved for immediate occupancy, which was granted, although the trial court stayed enforcement to allow Appellants to pursue an interlocutory appeal in the Utah Supreme Court. The Utah Supreme Court held that because Provo City was not a chartered city, it could not exercise the eminent domain powers…