STATE, ROAD COMMISSION v. BATES

No. 10910.

20 Utah 2d 175 (1967)

435 P.2d 417

STATE OF UTAH, BY AND THROUGH ITS ROAD COMMISSION, PLAINTIFF AND RESPONDENT, v. F. EPHRAIM BATES AND MAE P. BATES, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

December 22, 1967.


Attorney(s) appearing for the Case

Spafford & Young, Gaylen S. Young, Jr., Salt Lake City, for appellants.

Phil L. Hansen, Atty. Gen., Kenneth M. Hisatake, Asst. Atty. Gen., Salt Lake City, for respondent.


ELLETT, Justice.

This action was commenced by the respondent, hereinafter called the Commission, on September 23, 1963, to condemn a narrow strip of land belonging to the appellants, hereinafter called the landowners, which adjoined a nonaccess freeway in Silver Creek Canyon. No issue is raised as to the right to take the land, and the value of the land taken was stipulated to be $35 per acre.

On February 6, 1960, the landowners gave to the Commission a warranty...

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