STATE, ROAD COMMISSION v. WILLIAMS

No. 11388.

452 P.2d 881 (1969)

22 Utah 2d 331

STATE of Utah, by and Through its ROAD COMMISSION, Plaintiff and Respondent, v. Thomas V. WILLIAMS and JoAnn H. Williams, his wife, et al., Defendants and Appellants.

Supreme Court of Utah.

April 4, 1969.


Attorney(s) appearing for the Case

Glen E. Fuller, Frederick S. Prince, Jr., Orval C. Harrison, Salt Lake City, for appellants.

Vernon B. Romney, Atty. Gen., Gary A. Frank, Asst. Atty. Gen., Salt Lake City, for respondent.


ELLETT, Justice:

In this case the State, in widening and improving its highway, took a 37-foot strip of defendants' land, thereby causing the traffic to be nearer to the defendants' home than had formerly been the case. Article I, Sec. 22, of the Utah Constitution provides that private property shall not be taken or damaged for public use without just compensation. The statute implementing this constitutional provision, Sec. 78-34-10, U.C.A. 1953, insofar as...

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