Mortensen v. Mortensen

The parties are here as they appeared in the trial court.

Plaintiffs filed a petition to condemn certain lands owned by defendants in order to obtain a reservoir site pursuant to C.S.A. ’53, 147-5-1, et seq. The procedure in Eminent Domain was strictly followed as provided in C.S.A. ’53, 50-1. A commission of three freeholders was appointed to determine the necessity for the taking. They examined the site and heard the testimony of witnesses and reported to the court that “the taking of the proposed land for the reservoir site is not necessary.” The trial court accepted the report and…