(DOWNLOAD) "State by and Through Road Commission Et" by Supreme Court Of Utah ~ eBook PDF Kindle ePub Free
eBook details
- Title: State by and Through Road Commission Et
- Author : Supreme Court Of Utah
- Release Date : January 15, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
WOLFE, Chief Justice. Action by the State of Utah, by and through the State Road Commission, to condemn two small tracts of land owned by the respondents at 6200 South Street and Highland Drive in Salt Lake County. After determining the amount of damages sustained by the respondents, the trial court awarded them interest on that amount at the rate of eight per cent per annum from the date of the order of immediate occupancy (entered by the court shortly after the complaint was filed) to the date of judgment. The State appeals, contending that interest should have been allowed only at the rate of six per cent and not at eight per cent. The parties are in agreement that the respondents are entitled to interest upon their damages from the date of the order of immediate occupancy. Oregon S. L. R. Co. v. Jones, 29 Utah 147, 80 P. 732; Salt Lake & Utah R. Co. v. Schramm, 56 Utah 53, 189 P. 90. But the statutes of this state on eminent domain are silent as to the rate of interest allowable to the condemnee. Title 44 of Utah Code Ann.1943, dealing with the general subject of interest, provides in Sec. 44-0-1 that:
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