MASON v. STATE

No. 17744.

656 P.2d 465 (1982)

Glen S. MASON, Plaintiff and Appellant, v. STATE of Utah and Utah Department of Transportation and Utah State Road Commission, Defendants and Respondents.

Supreme Court of Utah.

November 15, 1982.


Attorney(s) appearing for the Case

Roger J. McDonough, Salt Lake City, for plaintiff and appellant.

David L. Wilkinson, Atty. Gen., Stephen C. Ward, Asst. Atty. Gen., Salt Lake City, for defendants and respondents.


OAKS, Justice:

This controversy over the ownership of land underlying an abandoned highway across appellant's property presents two questions: (1) When the State acquired the disputed strip by warranty deed, did it acquire a fee simple interest or only an easement? and (2) Does the abutting landowner (appellant) have a private easement along some part of the abandoned highway?

Appellant conveyed the land in question to the State by warranty deed in 1951. The...

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