Utah Supreme Court

Marion Energy, Inc.; State of Utah, School and Institutional Trust Lands Administration, Plaintiffs and Appellants…

August 19, 20112011 Utah LEXIS 102

Summary

The court held that the eminent-domain statute does not authorize condemnation of private land to build a road accessing leased oil and gas deposits. Because the phrase "mineral deposits" has two reasonable interpretations and the statute therefore is ambiguous, the court strictly construed the ambiguity against the condemning parties and affirmed dismissal. Justice Lee, dissenting, would have interpreted the statutory context to include oil and gas and would have reversed.