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STATE, ROAD COMMISSION v. GENERAL OIL COMPANY

No. 11178.

448 P.2d 718 (1968)

22 Utah 2d 60

STATE of Utah, By and Through its ROAD COMMISSION, Plaintiff and Appellant, v. GENERAL OIL COMPANY, a Utah corporation, Defendant and Respondent.

Supreme Court of Utah.

December 10, 1968.

Attorney(s) appearing for the Case

Phil L. Hansen, Atty. Gen., Gary A. Frank, Asst. Atty. Gen., Salt Lake City, S. Rex Lewis, of Howard & Lewis, Provo, for appellant.

Robert S. Campbell, Jr., Stewart M. Hanson, Jr., Salt Lake City, for respondent.

TUCKETT, Justice:

This is an action in eminent domain, brought by the State of Utah to acquire certain land owned by the defendant for highway purposes. The only issue before the court below was the fair market value of the property taken by the State as of March 19, 1964.

The property in question is situated adjacent to University Avenue in Provo, Utah. The acquisition of the property was necessitated by the widening and improving of the street as an access...

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