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UTAH STATE ROAD COMMISSION v. MIYA

No. 13504.

526 P.2d 926 (1974)

UTAH STATE ROAD COMMISSION, Plaintiff and Appellant, v. Kiyoshi MIYA et al., Defendants and Respondents.

Supreme Court of Utah.

September 11, 1974.

Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., Donald S. Coleman, Asst. Atty. Gen., Salt Lake City, for plaintiff and appellant.

Glen E. Fuller, Orval C. Harrison, Salt Lake City, for defendants and respondents.

CALLISTER, Chief Justice:

Plaintiff initiated this action to acquire under the power of eminent domain the fee title to .66 acre of land of defendants for highway purposes. Defendants' land is located within the city limits of Clearfield, Utah, and both parties agreed that its highest and best use was for residential purposes. Of the land taken .50 acre was subject to an easement for highway purposes; in addition a .16 acre triangular shaped piece was acquired. Upon...

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