City of Hildale v. Cooke

RUSSON, Associate Chief Justice:

[ 1 The City of Hilldale appeals from a trial court judgment awarding landowners Gherri Bateman Cooke and Barbara Andrae Hall damages pursuant to section 78-84-10 of the Utah Code for the condemnation of their property. We reverse and remand.

BACKGROUND

1 2 Seeking to erect a 69-kilovolt electrical transmission line, the City of Hildale ("City" or "Hildale") instituted a condemnation proceeding on May 31, 1995, to obtain perpetual easements and rights-of-way on the respective properties of Cherri Cooke and Barbara Hall, defendants and appellees in the instant…