Bountiful City v. DeLuca

Utah Supreme Court

292 P. 194 (Utah 1930)

A law is considered as being a deprivation of property within the meaning of constitutional guarantees if it deprives an owner of one of the essential attributes, or destroys its value, or restricts or interrupts its common, necessary or profitable use, or hampers the owner in the application of it to the purpose of trade, or imposes conditions upon the right to hold or use it, and thereby seriously impairs its value.

Every one must use his property so as not to unreasonably or unnecessarily injure others and he holds his property and the use and enjoyment of it subject to a reasonable and lawful exercise of the police power.

The state may, without compensation, regulate and restrain the use of private property when the health, safety, morals, or welfare of the public requires or demands it.

Full Text of Bountiful City v. DeLuca

RETURN to Takings Cases

Link to Appellate Decisions Section