State Ex Rel. Road Commission v. Tanner

The plaintiff Road Commission seeks to reverse that part of the judgment of the district court in condemnation proceeding which awarded to the defendant Tanner $38,800 for disruption of flow and diminution of water by its construction of a highway known as the “BYU Diagonal” across Tanner’s land between Orem and Provo.

This case was divided into two parts. The first was a jury trial as the value of the defendant’s land taken, together with severance damages, for which defendant *24Tanner was awarded $75,000. Both parties and the trial court realized that there was an unusual situation with…