Legal Opinion
State Ex Rel. Road Commission v. Peterson
Utah Supreme Court
Decided November 7, 1961No. 9436PublishedCited by 14 opinions
1Opinion of the Court
CROCKETT, Justice.
Defendants appeal from a jury award of damages for condemnation of their farm lands near Elwood in Box Elder County in connection with construction of interstate freeway 15.
The right of eminent domain in the State Road Commission to condemn the lands was conceded. The defendants then in effect became plaintiffs with the burden of establishing their damages and the action so proceeded for that purpose.
The new highway runs diagonally through defendants’ tracts of farm lands. Of the Peterson’s tract of 77.07 acres, the freeway and an irrigation ditch easement necessitates…
2Cases cited14 opinions
- International Paper Company v. United StatesCourt of Appeals for the Fifth Circuit · 1956
- United States v. 5139.5 Acres of Land, in Aiken and Barnwell Counties, S. C., Tract No. D-308Court of Appeals for the Fourth Circuit · 1952
- Stewart v. Commonwealth Ex Rel. Department of HighwaysCourt of Appeals of Kentucky (pre-1976) · 1960
- City of St. Louis v. VasquezSupreme Court of Missouri · 1960
- City & County of Denver v. QuickSupreme Court of Colorado · 1941
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Utah Department of Transportation v. Admiral Beverage Corp.Utah Supreme Court · 2011
- City of Hildale v. CookeUtah Supreme Court · 2001
- Utah Road Commission v. HansenUtah Supreme Court · 1963
- Sweeney v. Happy Valley, Inc.Utah Supreme Court · 1966
- Utah Department of Transportation v. Rayco Corp.Utah Supreme Court · 1979
9 more not listed; retrieve them via the Exa API.