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STATE EX REL. OHMAN v. TALBOT FAMILY TR.

No. 18833.

820 P.2d 695 (1991)

120 Idaho 825

STATE of Idaho, ex rel., John M. OHMAN, Marion Davidson, and Phil Batt, Idaho Transportation Board, Plaintiffs-Respondents, v. IVAN H. TALBOT FAMILY TRUST, Ivan H. Talbot, Trustee, Defendants-Appellants, and United States of America, acting through the Small Business Administration; and United States of America, acting through the Farm Home Administration, Defendants. LAVERN C. TALBOT FAMILY TRUST, Lavern C. Talbot, Trustee, Defendants-Appellants, v. UNITED STATES of America, acting through the SMALL BUSINESS ADMINISTRATION; and United States of America, acting through the Farm Home Administration; and Franklin County, Defendants.

Supreme Court of Idaho, Idaho Falls, September 1991 Term.

November 12, 1991.

Attorney(s) appearing for the Case

Smith & Hancock, Rexburg, for defendants-appellants. J.D. Hancock, argued.

Larry J. EchoHawk, Atty. Gen., Patrick W. Fanning, Deputy Atty. Gen., Boise, for plaintiffs-respondents. Patrick W. Fanning, argued.

McDEVITT, Justice.

The Idaho Transportation Board brought three separate actions against the defendants seeking to condemn three different parcels of land for an additional right-of-way for U.S. Highway 91 in Franklin County. One parcel was owned by the Ivan H. Talbot Family Trust, the second parcel was owned by the Lavern C. Talbot Family Trust, and the third parcel was owned jointly by the two trusts. The three actions were consolidated for trial and were also consolidated...

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