(DOWNLOAD) "Salt Lake County v. Teresa Jean Ramoselli" by Supreme Court Of Utah " Book PDF Kindle ePub Free
eBook details
- Title: Salt Lake County v. Teresa Jean Ramoselli
- Author : Supreme Court Of Utah
- Release Date : January 22, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
HALL, Justice: Plaintiff appeals from an adverse ruling of the district court as to its need for condemnation of some 11 acres
of land to be used as a park and recreation area. The gravamen of the appeal is that the trial court exceeded its authority
of judicial review despite the fact that at the time of trial it readily recognized the court's authority to determine the
issue of necessity of the proposed acquisition. In fact, the parties stipulated and agreed at the time to bifurcate the trial,
separating the issue of entitlement to condemn from that of just compensation for the taking and reserving the latter issue
for a subsequent proceeding. The power of eminent domain is not to be exercised thoughtlessly or arbitrarily and the courts possess full authority to
determine the proper limits of the power to prevent abuses in its exercise, 1 and litigants should, and do have great latitude
in conferring dispositive functions upon the court as they clearly did in this instance.
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