STATE v. PETERSON

No. 9436.

12 Utah 2d 317 (1961)

366 P.2d 76

STATE OF UTAH, BY AND THROUGH ITS ROAD COMMISSION, PLAINTIFF AND RESPONDENT, v. ALICE H. PETERSON, MERLIN ROMER AND MARGRETT ROMER, HIS WIFE, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

November 7, 1961.


Attorney(s) appearing for the Case

Glen E. Fuller, Scott D. Allen, Salt Lake City, for appellants.

Walter L. Budge, Atty. Gen., Robert S. Campbell. Jr., Asst. Atty. Gen., for respondent.


CROCKETT, Justice.

Defendants appeal from a jury award of damages for condemnation of their farm lands near Elwood in Box Elder County in connection with construction of interstate freeway 15.

The right of eminent domain in the State Road Commission to condemn the lands was conceded. The defendants then in effect became plaintiffs with the burden of establishing their damages and the action so proceeded for that purpose.

The new highway runs diagonally...

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