This is an archived article that was published on sltrib.com in 2015, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Salt Lake City wanted to complete a railroad relocation project on the west side but needed land owned by Rocky Mountain Power to do so. The city couldn't condemn the property under Utah law, so instead it took over land owned by Evans Development Group to exchange with the power company.
A question put before the Utah Supreme Court on Monday was whether that was legal.
Attorneys for Evans and Salt Lake City argued over whether the condemnation for an exchange was equal to one where the seized land was used directly for a public purpose, as state law allows.
Attorney Robert Mansfield, representing Evans Development, said state law allows for condemnation for an exchange if the purpose is for a transportation project.
"They didn't authorize that for any other entity in the state," Mansfield said.
Elizabeth Haws, who represented the city, said state law should be construed to say that an exchange involving a public use, in this case a power station, is legal.
The court took the case under advisement.