State Ex Rel. Herman v. Jacobs

440 P.2d 32, 7 Ariz. App. 396, 1968 Ariz. App. LEXIS 406
CourtCourt of Appeals of Arizona
DecidedApril 24, 1968
Docket1 CA-CIV 371
StatusPublished
Cited by14 cases

This text of 440 P.2d 32 (State Ex Rel. Herman v. Jacobs) 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
State Ex Rel. Herman v. Jacobs, 440 P.2d 32, 7 Ariz. App. 396, 1968 Ariz. App. LEXIS 406 (Ark. Ct. App. 1968).

Opinion

STEVENS, Judge.

The State (appellant), instituted this action to condemn any right of direct access between Jacobs’ (appellees) lands and the main traveled portions of Interstate 40, a new highway constructed upon the old right-of-way. The matter went to trial before a jury to determine the amount of damage, if any, sustained by appellees by reason of their loss or impairment of access to Interstate 40.

Two maps have been inserted in this opinion to illustrate the fact situation which is as follows: On 9 February 1964, the date of issuance of summons in this action, the appellees owned approximately 150 acres of land. 767 feet of this land abutted the northwesterly side of U. S. Highway 66, approximately 2 miles west of Chambers, Arizona, and approximately 9 miles east of Navajo, Arizona. On their frontage property, the appellees conducted a roadside *399 business consisting primarily of the sale of petrified wood. On the upper part of their land, the appellees maintained their residence and several other buildings rented to their business employees.

*397

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Bluebook (online)
440 P.2d 32, 7 Ariz. App. 396, 1968 Ariz. App. LEXIS 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-herman-v-jacobs-arizctapp-1968.