Utah has to pay big box retailer Target at least $2 million for a bad road design.
The Utah Court of Appeals made such a ruling late Friday when it sided with Target over a road project in American Fork. It says that a portion of the I-15 interchange near Target’s American Fork store was built on land the Utah Department of Transportation took from Target and developer Weingarten/Miller/American Fork LLC.
Target contended that the action of Utah Department of Transportation caused damage to their business interests. Judge Ryan Harris also wrote in his ruling: “Claimants complain that the interchange prevents or impairs motorists from viewing their shopping center, and they claim the right to recover severance damages from UDOT related to this loss of visibility and related to the loss of a right-out exit from the shopping center’s parking lot.”
A lower court previously sided with Target and the developer, awarding them $2.3 million in damages. The Utah Court of Appeals upheld the lower court’s ruling.
The ruling also emphasized that it is “bedrock principle of both federal and state constitutions that the government cannot take a citizen’s property for public use without paying the citizen “just compensation.”