State ex rel. Road Commission v. Thompson

McDonough, Justice:

The State Road Commission sued to condemn several tracts of land in the vicinity of Redwood Road and Second South Streets in Salt Lake City. One of these tracts, 1.41 acres, lying between the tracks of the Salt Lake and Los Angeles Railroad and those of the Western Pacific is the subject of this appeal. Ownership of it is claimed by the defendant Utah Power and Light Company and the defendants, A. P. Neilson and his wife, Lilly M. Neilson.

Neither the right to take the property under eminent domain, nor its value is in dispute. The issue is which of the defendants is…