Utah Code » Title 78B, Chapter 6 — Particular Proceedings; part 78B-6-5 — Eminent Domain
Utah Code

Utah Code § 78B-6-512 (2026)

Damages -- When right has accrued -- Mitigation or reduction -- Improvements

✓ current as of May 2026
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For the purpose of assessing compensation and damages, the right to compensation and damages shall be considered to have accrued at the date of the service of summons, and its actual value at that date shall be the measure of compensation for all property to be actually taken, and the basis of damages to property not actually taken, but injuriously affected, in all cases where damages are allowed, as provided in Section 78B-6-511.
The court or the jury shall consider mitigation or reduction of damages in its assessment of compensation and damages if, after the date of the service of summons, the plaintiff:
mitigates the damages to the property; or
reduces the amount of property actually taken.
Improvements put upon the property by the property owner subsequent to the date of service of summons may not be included in the assessment of compensation or damages.
Notes of Decisions
Cited in 4 cases, 2009–2020 · leading case: Utah Dep't of Transp. v. Ivers, 2009 UT 56 (Utah 2009).
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Utah Dep't of Transp. v. Ivers, 2009 UT 56 (Utah 2009). · cites it 16× “Utah Code section 78B-6-512 (2008), formerly section 78-34-11 (2002), was renumbered in 2008.”
UDOT v. Boggess-Draper Co., 2020 UT 35 (Utah 2020). · cites it 12× “” ¶7 The district court cited Utah Code section 78B-6-512 for the propositions “that only values for the date of valuation are relevant” to the damages inquiry and “that other later-occurring facts that might affect valuation should not be considered in determining valuation.”
Rocky Mountain Power Inc. v. Randy E. Marriott, Edge Holdings LLC, 2018 UT App 221 (Utah Ct. App. 2018). · cites it 6× “That motion first cited the Utah Code, stating that "damages shall be considered to have accrued at the date of the service of summons," see Utah Code Ann. § 78B-6-512(1) (LexisNexis 2012), and that the condemnor "shall, within 30 days after final judgment, pay the sum of the…”
Utah Dep't of Transp. v. TBT Prop. Mgmt., Inc., 2015 UT App 211 (Utah Ct. App. 2015). · cites it 2× “" Utah Code Ann. § 78B-6-512(1) (LexisNexis 2008).”
— Utah Code § 78B-6-512(1) — 4 cases
UDOT v. Boggess-Draper Co., 2020 UT 35 (Utah 2020). “” ¶7 The district court cited Utah Code section 78B-6-512 for the propositions “that only values for the date of valuation are relevant” to the damages inquiry and “that other later-occurring facts that might affect valuation should not be considered in determining valuation.”
Utah Dep't of Transp. v. Ivers, 2009 UT 56 (Utah 2009). “Utah Code section 78B-6-512 (2008), formerly section 78-34-11 (2002), was renumbered in 2008.”
Rocky Mountain Power Inc. v. Randy E. Marriott, Edge Holdings LLC, 2018 UT App 221 (Utah Ct. App. 2018). “That motion first cited the Utah Code, stating that "damages shall be considered to have accrued at the date of the service of summons," see Utah Code Ann. § 78B-6-512(1) (LexisNexis 2012), and that the condemnor "shall, within 30 days after final judgment, pay the sum of the…”
Utah Dep't of Transp. v. TBT Prop. Mgmt., Inc., 2015 UT App 211 (Utah Ct. App. 2015). “" Utah Code Ann. § 78B-6-512(1) (LexisNexis 2008).”
— Utah Code § 78B-6-512(2) — 2 cases
Utah Dep't of Transp. v. Ivers, 2009 UT 56 (Utah 2009). “Utah Code section 78B-6-512 (2008), formerly section 78-34-11 (2002), was renumbered in 2008.”
UDOT v. Boggess-Draper Co., 2020 UT 35 (Utah 2020). “” ¶7 The district court cited Utah Code section 78B-6-512 for the propositions “that only values for the date of valuation are relevant” to the damages inquiry and “that other later-occurring facts that might affect valuation should not be considered in determining valuation.”
— Utah Code § 78B-6-512(3) — 1 case
UDOT v. Boggess-Draper Co., 2020 UT 35 (Utah 2020). “” ¶7 The district court cited Utah Code section 78B-6-512 for the propositions “that only values for the date of valuation are relevant” to the damages inquiry and “that other later-occurring facts that might affect valuation should not be considered in determining valuation.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.