Salt Lake County Cottonwood Sanitary District v. Toone

CROCKETT, Chief Justice.

Plaintiffs sued to condemn a right of way for a sewer line across defendants’ property, a six-acre tract of unimproved land at the east edge of Murray, Salt Lake County. 1

The parties entered into an agreement by which the plaintiff paid defendants $1,000 for the right of way, but also agreed upon the following reservation:

“3. There is reserved to the defendants the question as to whether or not they have or will sustain any damage as a result of the loss of water supplied or furnished by two springs located on the defendants’ property by the construction of said sewer…