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County attorney: judge signed order allowing eminent‑domain condemnation; motion for immediate occupancy to be filed

Daggett County Commission / Redevelopment Agency · April 29, 2025
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Summary

County attorney reported a judge signed an order allowing eminent‑domain condemnation; an amended complaint has been filed and the office planned to file a motion for immediate occupancy, with a likely motion hearing in weeks.

The county attorney provided an update on ongoing eminent‑domain litigation during the April 25, 2025 meeting, reporting that a judge signed an order allowing the county to pursue condemnation and that the county’s legal team had filed an amended complaint.

"The judge signed the order yesterday allowing us," Speaker 9 said, adding that the office planned to file a motion for immediate occupancy the same day or the next. Speaker 9 described the procedural timeline: defendants would have 14 days to respond to the motion and the county would then seek a motion hearing; depending on the judge's calendar, the hearing could occur within weeks rather than months.

Why it matters: An order authorizing eminent‑domain condemnation and a motion for immediate occupancy both signal rapid legal movement on the dispute and could affect property access and county plans tied to the subject property. Commissioners inquired about possible delays and procedural timelines.

Details: Speaker 9 said the filing sequence (amended complaint, immediate‑occupancy motion) is aimed at expediting the county's requested relief and noted the hearing process typically follows faster than a full trial setting. Commissioners were advised to expect updates from the county attorney's office as filings proceed.

Next steps: County counsel will file the immediate‑occupancy motion and notify commissioners of subsequent hearing dates and developments.