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Utah Department of Transportation v. Admiral Beverage Corp.

275 P.3d 208 (2011)

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Utah Department of Transportation v. Admiral Beverage Corp.

Utah Supreme Court

275 P.3d 208 (2011)

Facts

Admiral Beverage Corp. (defendant) owned two parcels of land west of I-15. Prior to purchasing the property, Jerry Webber appraised both parcels. This appraisal assessed fair market value, considering all factors normally taken into account, including the view from the property and the visibility of the property. Several years later, the Utah Department of Transportation (UDOT) (plaintiff) condemned portions of the two parcels in order to expand I-15 and move a frontage road. As part of this project, I-15 was elevated to approximately 28 feet. This cut off the view from Admiral’s property to the east and impacted the visibility of the property from the freeway. Admiral had another appraisal done by Webber and two other appraisers, which also took into account all the factors impacting fair market value. Admiral planned to introduce evidence of the reduction in market value from the condemnation. UDOT filed a motion in limine to exclude any evidence related to reduction in value caused by the loss of visibility from the freeway. Admiral filed its own motion in limine seeking to allow the same evidence. The trial court granted UDOT’s motion, and Admiral appealed.

Rule of Law

Issue

Holding and Reasoning (Parrish, J.)

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