Condemnation of land and fruit trees by County

I live in Utah and the County government is condeming 2 acres of my 30 acres to widen the county road. They have agreed to a price per-acre plus a price per-tree (I will be loosing 55 apple and pear trees that are producing) to compensate me. I want the County to pay me for the land seperately from the payment for the 55 lost fruit trees for tax purposes.

They are refusing stating that the fruit trees are part of the real estate. Since the County is establishing a price for the land and then is adding a per-tree price to this apprasal amount, I am insisting that the fruit trees and the land are seperate.

Who is right? Does Utah law state by statute anything conserning crops and their attachment to real estate? Thank you and please answer to:

[email]adinsaid@hotmail.com[/email]

[HomeGuru]

Please consult with an attorney in Utah. This is a complicated matter. Valuation could be completed separately ie. one value for the land and another for the trees but your would receive one settlement check for the total.