Home/Idaho Supreme Court/State Ex Rel. Symms v. Nelson Sand & Gravel, Inc.

State Ex Rel. Symms v. Nelson Sand & Gravel, Inc.

468 P.2d 306, 93 Idaho 574, 1970 Ida. LEXIS 215
CourtIdaho Supreme Court
DecidedApril 3, 1970
Docket10470
StatusPublished
Cited by20 cases

This text of 468 P.2d 306 (State Ex Rel. Symms v. Nelson Sand & Gravel, Inc.) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Symms v. Nelson Sand & Gravel, Inc., 468 P.2d 306, 93 Idaho 574, 1970 Ida. LEXIS 215 (Idaho 1970).

Opinions

M'cFADDEN, Chief Justice.

On December 22, 1967, the State of Idaho by complaint instituted this action seeking-condemnation of a portion of land owned in fee by the defendant-respondent Nelson Sand and Gravel, Inc., to be used by the-state for the Boise bypass section of Interstate 80N. Adjoining the property owned by respondent is a forty acre tract of land on which respondents had a lease-from the state. The state did not mention this leased land in the condemnation action. However, the respondent in its amended answer to the complaint sought severance-damages and alleged in its counterclaim that it held a lease on the state land and' was entitled to compensation for the taking of the land held under the state lease.

The following diagram sets out the various parcels of land involved in the present action, the relationship of each parcel to-the other and the boundaries of the Interstate Highway through the land. Tract A is land owned in fee by respondent; tract B is land purchased by respondent, with mineral rights reserved to the State of‘ [576]*576Idaho; tract C is land owned by the State of Idaho, but originally leased to R. O. Nelson and H. O. Nelson, and later assigned to the respondent corporation.

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State Ex Rel. Symms v. Nelson Sand & Gravel, Inc.
468 P.2d 306 (Idaho Supreme Court, 1970)

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Bluebook (online)
468 P.2d 306, 93 Idaho 574, 1970 Ida. LEXIS 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-symms-v-nelson-sand-gravel-inc-idaho-1970.