Provo City v. Ivie

Utah Supreme Court

2004 UT 30, 94 P.3d 206

Only chartered cities may claim authority from Article XI, § 5 of the Utah Constitution.  If a city does not have a charter, it derives its authority from the Utah Legislature only.

Under the law in place when this decision issued, a city only had authority to condemn property within its own boundaries, but could not take action affecting extra-territorial property without the concurrence of the jurisdiction (county or municipal) presiding over that territory.  Following this decision, the Utah Code was amended, allowing cities to condemn property outside their boundaries.

See also Utah County v. Ivie

Full Text of Provo City v. Ivie

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