State Road Commission v. Rohan

CROCKETT, Justice:

The State Road Commission, in eminent domain proceeding, took about one fifth (2,000 square feet) from the rear of a 10,000-square-foot residential lot of the defendants located near 33d South and Wasatch Boulevard in Salt Lake City to accommodate a new freeway. Upon plenary trial a jury fixed damages in the sum of $4,200 which is well within the defendants’ expert testimony. The Road Commission appeals contending that it was error to allow defendants’ expert, in appraising the decrease in value to the remaining property, to consider noise from the new freeway.

There is no…