STATE, ROAD COMMISSION v. LeSOURD

No. 11866.

472 P.2d 939 (1970)

24 Utah 2d 383

STATE of Utah, By and through its ROAD COMMISSION, Plaintiff and Appellant, v. Betty LeSOURD, a woman; Alex Davies and Thelma Davies, his wife, and Valley Bank And Trust Company, Defendants and Respondents. STATE of Utah, By and through its ROAD COMMISSION, Plaintiff and Appellant, v. Alex DAVIES and Thelma Davies, his wife; Summit County, Defendants and Respondents.

Supreme Court of Utah.

July 23, 1970.


Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., Brant H. Wall, Special Asst. Atty. Gen., Salt Lake City, for plaintiff and appellant.

Robert S. Campbell, Jr., Stewart M. Hanson, Jr., Salt Lake City, for defendants and respondents.


ELLETT, Justice:

This appeal involves the question of whether the defendants can recover severance damages to land which they do not own in fee although they have quiet and peaceable possession thereof and use the same as an integrated part of adjoining land which they do own when there is a condemnation of some of the owned land.

The defendant Bank owns a mortgage on the land in question.

At the beginning of the trial counsel for the defendants stated...

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