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Utah State Road Commission v. Arnold

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eBook details

  • Title: Utah State Road Commission v. Arnold
  • Author : Supreme Court Of Utah
  • Release Date : January 01, 1984
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 78 KB

Description

STEWART, Justice: The Utah State Road Commission (hereafter "the State") commenced this action June 23, 1972, to condemn a part of real property owned by Arnold and Hedve Friberg. The property was to be used for construction of the southeast segment of I-215, a belt-loop freeway project in Salt Lake County. The trial court granted an order of immediate occupancy in December, 1972, but for various reasons discussed below, the completion of the condemnation proceedings was delayed, and the Fribergs remained in possession pursuant to a stipulation until approximately March 15, 1980. The defendants contend that after June, 1972, the value of the Fribergs property appreciated substantially. Prior to a trial to determine compensation to be held in 1980, the Fribergs moved to have the property valued as of the date the State finally established its legal right to condemn, December 12, 1979. The trial court ruled that the property was to be valued when summons was served pursuant to U.C.A., 1953, § 78-34-11, some seven and one-half years earlier. Because of the importance of the question involved, this Court granted leave to file an interlocutory appeal.


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