The Appellate Group

Wild Country v. WE Five

Wild Country v. WE Five, 2025 UT App 54 (Oliver, J.)

Property/Administrative

The Utah Court of Appeals held:

  • The district court erred in denying Wild Country’s motion to dismiss because WE Five sought to install sewer and water lines for its private use and benefit.
  • Practice tip: Utah’s eminent domain statutes do not grant private landowners authority to install private infrastructure (like water and sewer pipes) on another’s property. Courts strictly construe any ambiguity in language purporting to grant power of eminent domain in favor of the property owner and against the condemning party.

Read the full court opinion