Article I, section 22 of the Utah Constitution states that “private property shall not be taken or damaged for public use without just compensation.” A taking is “any substantial interference with private property which destroys or materially lessens its value, or by which the owner’s right to its use and enjoyment is in any...
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By Jon Schutz and David Wright In Sanpete America, LLC v. Willardsen, 2011 UT 48 (issued August 16, 2011), the Utah Supreme Court defined when water shares may be appurtenant to land and pass with land conveyances. David Wright of our office was counsel for Willardsen. Background Sanpete involved 110 acres of farmland (the...
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By Jon Schutz In Senate Bill 25, the Utah Legislature modified Utah law regarding water company shares that are lost, destroyed, or stolen by setting up a process for to replace such shares. Under the revised statute, the Company must issue a replacement share (1) if the person is the registered owner of the...
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In Haik et al. v. Sandy City, 2011 UT 26, two parties held deeds to the same water right. Sandy City (“Sandy”) was conveyed the water right via a deed and an “Agreement of Sale” (“Agreement”). It recorded the Agreement in 1977 and the deed in 2004. The Plaintiffs purchased the water right in...
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This month the United States Supreme Court determined that the fiancee of an employee who filed a sex discrimination claim could articulate a retaliation claim under Title VII of the Civil Rights Act of 1964 when he was fired three weeks after the Equal Employment Opportunity Commission informed the company of the charge. The...
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Last week, the United States Supreme Court heard arguments from the States of Montana and Wyoming regarding their interests in the Powder and Tongue rivers, which flow from Wyoming into Montana, and are tributaries to the Yellowstone River. The Court has original jurisdiction to hear interstate disputes. Montana brought the case and alleges that...
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