[DOWNLOAD] "Ark. State Highway Comm'n v. Clark" by Supreme Court of Arkansas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Ark. State Highway Comm'n v. Clark
- Author : Supreme Court of Arkansas
- Release Date : January 22, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The question involved on this appeal is whether there is substantial evidence to sustain a verdict awarding appellees $5,000
for the taking of 5.76 acres of their 40-acre tract for the construction of a controlled-access highway. Appellant contends
that neither the testimony of Guy Lee Clark, one of the landowners, nor that of Forrest Griswood, an [247 Ark Page 166]
expert witness for appellees, constituted substantial evidence. We find that the testimony has sufficient to support the verdict. The tract lay one mile east and one mile south of Menifee. It was unimproved and constituted a part of a cattle operation
conducted by appellees. It was used as a pasture. There was access to the property by a graded dirt road leading to the northwest
corner. This access is severed by the new highway. After the taking 1.12 acres remained north and east of the right-of-way
and 33.13 acres south and west thereof. It is conceded that the south residual is without .access. Expert witnesses for both
appellant and appellees state that the value after the taking depends upon possible sale of the remaining lands to adjoining
owners. Testimony on the value of the whole tract before the taking ranges from Clark's opinion of $8,000 and those of appellant's
appraisers of $3,000 Opinions of values after the taking range from Griswood's figure of $1,712 down to Clark's $750. Appellant's
witnesses fixed this value at $1,000 and $1,050, respectively.