State ex rel. Road Commission v. Howes

CALLISTER, Justice:

The State of Utah, by and through its Road Commission, appeals from a judgment, pursuant to a jury verdict, awarding the Binghams severance damages in a condemnation action.

It is not disputed that the portion of the Binghams’ property taken by the State left the remainder without an access to a highway. However, the State contends that the trial court committed error in permitting evidence to this effect, for the purpose of establishing severance damages, because the Binghams had not first established that they could not have, by purchase or otherwise, secured a new access.

I…