American Savings Life Insurance v. State ex rel. Herman

476 P.2d 680, 13 Ariz. App. 336, 1970 Ariz. App. LEXIS 835
CourtCourt of Appeals of Arizona
DecidedNovember 19, 1970
DocketNo. 1 CA-CIV 1204
StatusPublished
Cited by5 cases

This text of 476 P.2d 680 (American Savings Life Insurance v. State ex rel. Herman) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Savings Life Insurance v. State ex rel. Herman, 476 P.2d 680, 13 Ariz. App. 336, 1970 Ariz. App. LEXIS 835 (Ark. Ct. App. 1970).

Opinion

JACOBSON, Judge.

We are called upon in this appeal to determine whether a jury correctly determined that a property owner suffered no severance damages as a result of the construction of a controlled access highway.

On April 27, 1965, the appellee, STATE OF ARIZONA, filed an action in eminent domain against appellant, AMERICAN SAVINGS LIFE INSURANCE CO., an [337]*337Arizona corporation, and others, to acquire a strip of land 64 feet in width containing approximately four acres and lying south of U. S. Highway 66 east of Holbrook, Arizona. The original complaint sought the condemnation of an approximately three and one-half mile long strip of land 64 feet in width lying south of U. S. Highway 66 and involving twelve recorded subdivisions held by Arizona Land Corporation. However, the case was settled with the trustee of the bankrupt Arizona Land Corporation as to ten of these subdivisions leaving only the subject parcel for litigation. American Savings appeared on behalf of the owner of the property as it held a mortgage on the properties involved.1

On the day of taking, April 27, 1964, the entire property owned by American Savings was covered by two recorded subdivisions, Vein of Gold Unit No. 4, lying south of Highway 66 and Sun Valley Highlands No. 2, lying north of U. S. Highway 66.

The subdivisions as they appeared of record on the day of taking and the property sought to be condemned are illustrated by the following plat:

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Bluebook (online)
476 P.2d 680, 13 Ariz. App. 336, 1970 Ariz. App. LEXIS 835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-savings-life-insurance-v-state-ex-rel-herman-arizctapp-1970.