WILKINS, Justice: Plaintiff and defendant stipulated in the District Court, Iron County, in April, 1978, to a settlement of this lawsuit, and later signed a written agreement to the same effect which was approved by the Court and entered in the record. The stipulation encompassed an exchange of 240 acres of State owned real property in western Iron County for 329 acres of desert property in Hamblin Valley, eastern Iron County, owned by plaintiff, upon appraisal of both parcels at market value by Ken W. Esplin of Cedar City, at the highest and best use of the property as of June 10, 1971. The stipulation further provided that if the appraised value of the State land exceeded the value of the private land, plaintiff could, at his option, pay the difference to the State and effect the exchange; otherwise the parcels would be exchanged without further consideration. Ken W. Esplin duly appraised the property and submitted his appraisal to the parties. He determined the highest and best use of both parcels to be grazing, and valued the State land at $13,790, and the private land, at $13,160. Plaintiff tendered his deed together with his check in the amount of $630, but the Utah Department of Natural Resources (herein Department) refused to convey.
