STATE v. CHRISTENSEN

No. 9544.

13 Utah 2d 224 (1962)

371 P.2d 552

THE STATE OF UTAH, BY AND THROUGH ITS ROAD COMMISSION, PLAINTIFF AND APPELLANT, v. MARION H. CHRISTENSEN AND RINTHA G. CHRISTENSEN, HIS WIFE, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

Rehearing Denied June 29, 1962.


Attorney(s) appearing for the Case

A. Pratt Kesler, Atty. Gen., Robert S. Campbell, Asst. Atty. Gen., Salt Lake City, for appellant.

Morgan & Payne, Provo, for respondents.


WADE, Chief Justice.

The State as plaintiff and appellant here brought this action to condemn .54 of an acre of land belonging to defendants in American Fork, Utah, for the construction thereon of a six-lane highway. The jury awarded defendant $5,500, $1,080 thereof as compensation for the taking of the .54 acre and about which there is no question; and $4,420 severance damages, from which the State brings this appeal.

The Christensens' lands consist of two...

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