The state may appeal a jury verdict reached this week that gave a Woods Cross family more than double what the Utah Department of Transportation offered for their property to build the Legacy Parkway.

The verdict, reached late Wednesday in 2nd District Court in Farmington, came nearly six years after UDOT filed a condemnation suit against the Vearl Thalman family for control of 237 acres needed for Legacy. UDOT offered nearly $2 million for the land, but an appraisal done this July said the land was worth $5.5 million, according to Lyle McMillan, UDOT director of right of way.

The jury awarded the Thalman family $4.3 million for the property. An extra $1.2 million in interest was added to the total as required by state statute, bringing the total payout to $5.5 million.

McMillan said Friday he believes the Thalman family was "allowed to put on evidence about the worth of the property in 2003 and beyond" that may have prejudiced the jury.

"We're disappointed and we don't agree with the jury award," McMillan said.

Jim Soper, section chief in the Utah Attorney General's office, said on Friday his attorneys were studying grounds for appeal.

"In this particular case there happened to be a couple irregularities during the trial that we're studying to see if they affected the fairness of the verdict," he said. "We're looking at that to see if certain legal things were done properly."

The state has 30 days after the jury decision is affirmed by a judge to file an appeal.

Rob Mansfield, attorney for the Thalman family, said, "I think (the verdict) is very good in a sense. It shows a real vindication for private property rights."

Mansfield also said he did not see any merit behind UDOT's talk of an appeal.

McMillan, with UDOT, said cases such as the Thalman family are not the norm when it comes to land disputes. Typically, about 95 percent of property acquisitions are settled outside of court, he said. UDOT has about 14 unresolved property-acquisition cases resulting from the Legacy Parkway.

The 14-mile highway, which was halted for four years as result of a lawsuit, is now about halfway complete. UDOT plans to finish it in late 2008.

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E-mail: nwarburton@desnews.com