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STATE, ROAD COMMISSION v. JENSEN

No. 11387.

451 P.2d 370 (1969)

22 Utah 2d 214

STATE of Utah, By and Through its ROAD COMMISSION, Plaintiff and Respondent, v. Jack C. JENSEN and Merea W. Jensen, his wife, and Intermountain Holding Company, Defendants and Appellants.

Supreme Court of Utah.

March 6, 1969.

Attorney(s) appearing for the Case

Paul N. Cotro-Manes, Ephraim Fankhauser, Salt Lake City, for appellants.

George G. Bridwell, Sp. Asst. Atty. Gen., Tom G. Platis, Asst. Atty. Gen., Salt Lake City, for respondent.

TUCKETT, Justice.

This is a proceeding in eminent domain wherein the State of Utah is seeking to condemn the right of access held by the defendants to U.S. Highway 40 and Interstate 80. It was necessary that the State acquire the rights owned by the defendants in order to construct a limited access highway.

In 1955 the State of Utah by negotiation had acquired approximately five acres of land from the predecessor in title of the defendants, and as a part of...

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