STATE, ROAD COMMISSION v. HOOPER

No. 11580.

469 P.2d 1019 (1970)

24 Utah 2d 249

STATE of Utah, By and Through its ROAD COMMISSION, Plaintiff and Respondent, v. David Douglas HOOPER and Alice Hooper, his wife, South Slaterville Irrigation Company, Vida M. Blakesley, a widow, Defendants and Appellant.

Supreme Court of Utah.

May 20, 1970.


Attorney(s) appearing for the Case

Maurice Richards, Ogden, for appellant.

Vernon B. Romney, Atty. Gen., Gary A. Frank, Special Asst. Atty. Gen., Salt Lake City, for respondent.


ELLETT, Justice.

The appellant owned a strip of land 1,630 feet long by 33 feet wide upon which it had constructed a concrete canal and a twelve foot service roadway. The respondent constructed a freeway over and across the appellant's land and in doing so condemned 7 1/2 feet of the roadway for a distance of 270 feet. This left only 4 1/2 feet for travel upon the road thus effectively destroying it for vehicular traffic.

The trial court, sitting without a...

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