State ex rel. Road Commission v. Jensen

TUCKETT, Justice.

This is a proceeding in eminent domain wherein the State of Utah is seeking to condemn the right of access held by the defendants to U. S. Highway 40 and Interstate 80. It was necessary that the State acquire the rights owned by the defendants in order to construct a limited access highway.

In 1955 the State of Utah by negotiation had acquired approximately five acres of land from the predecessor in title of the defendants, and as a part of that transaction the former owner surrendered its right of *215access to the highway except for a 20-foot-wide right-of-way from the property…