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STATE, ROAD COMMISSION v. SILLIMAN

No. 11301.

448 P.2d 347 (1968)

22 Utah 2d 33

STATE of Utah, By and Through its ROAD COMMISSION, Plaintiff and Appellant, v. Kenneth N. SILLIMAN, Executor of the Estate of B.J. Silliman, Deceased, Defendant and Respondent.

Supreme Court of Utah.

December 4, 1968.

Attorney(s) appearing for the Case

Phil L. Hansen, Atty. Gen., Tom G. Platis, Asst. Atty. Gen., Salt Lake City, for appellant.

Boyd Bunnell, Price, for respondent.

ELLETT, Justice:

This is an appeal by the State of Utah from a jury verdict awarding damages to the landowner in a condemnation proceeding. The only issue tried was the value of the land taken and the severance damages, if any, to the remaining land by reason of the taking.

Section 78-34-10, U.C.A. 1953, sets out the manner of arriving at just compensation to be paid to the landowner when his land is taken for a public purpose. That section so far as material...

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