BOARD OF ED. OF SOUTH SANPETE, ETC. v. Barton

*349STEWART, Justice:

Defendant Donald K. Barton appeals, complaining of the inadequacy of a jury award of $40,000 for his 24.49 acre tract of land in Manti taken by eminent domain by the plaintiff.

The defendant’s first argument in support of his contention that insufficient damages were awarded for his property is that the plaintiff’s complaint itself had stated the value to be $48,980. The rejoinder to this is that that figure included both the land and water rights. The trial court correctly ruled that the water rights were not to be taken. Plaintiff’s appraiser testified that the defendant’s…