Arkansas State Highway Commission v. Jones

• Court: Arkansas Supreme Court
• Writing for the Court: JONES
• Citation: Arkansas State Highway Commission v. Jones, 505 S.W.2d 210, 256 Ark. 40 (Ark. 1974)
• Decision Date: 19 February 1974
• Docket Number: No. 73--207,73--207
• Parties: ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. Robert S. JONES et ux., Appellees.

Page 210

505 S.W.2d 210

256 Ark. 40

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. Robert S. JONES et ux., Appellees.

No. 73--207.

Supreme Court of Arkansas.

Feb. 19, 1974.

Thomas B. Keys and David P. Saxon, Little Rock, for appellant.

Jack Yates, Ozark, Lonnic Turner, Rogers, for appellees.

JONES, Justice.

This is a condemnation case in which the Arkansas State Highway Commission appeals from a circuit court judgment, based on a jury verdict for $17,500, in favor of the appellee-landowners, Robert S. Jones and wife, in connection with the construction of Interstate 40 across a portion of their 180 acre cattle and poultry farm.

Jones testified to damages in the amount of $20,000; his only witness testified to damages in the amount of $14,400. Two witnesses for the Highway Commission testified to damages in the amounts of $7,300 and $6,875 and, as above stated, the jury awarded damages in the amount of $17,500.

On appeal to this court the Commission contends that the trial court erred in refusing to strike the testimony of the landowner Jones because his testimony as to before and after value was not supported by substantial evidence; that the jury verdict was excessive and was not supported by substantial evidence.

The measure of damages to land in a condemnation case under eminent domain, is the difference in the fair market value of the land before and after the taking. Ark. State Hwy. Comm'n v. Massengale, 238 Ark. 1072, 386 S.W.2d 710. The primary difference between a landowner and other witnesses as to the before and after value of land is that an expert, after qualifying as such, may state his opinion to fair market values without first being required to state facts upon which he bases his opinion. A nonexpert witness who is not the owner must first relate the facts upon which he bases his opinion before his opinion is admissible in evidence. Ark. State Hwy. Comm'n v. Johns, 236 Ark. 585, 367 S.W.2d 436. Neither rule applies to a landowner when testifying as to the value of the land he owns. A landowner's opinion as to the value of his land is admissible in evidence whether he knows anything about land market values in the area or not. His value opinion is admissible in evidence simply because he owns the land and is qualified to state an opinion as to the value of what he owns. Ark. State Hwy. Comm'n v. Fowler, 240 Ark. 595, 401 S.W.2d 1.

Of course, such opinion testimony, either by the landowner or his value witnesses, may be stricken on motion if there is no fair or logical basis for its support. Ark. State Hwy. Comm'n v. Geeslin, 247 Ark. 537, 446 S.W.2d 245. Once the landowner or his qualified expert witness has expressed into evidence his opinion as to fair market values, the burden then shifts to the condemnor to show by cross-examination that the landowner or the witnesses has no logical basis to support his opinion before such testimony is subject to being stricken from the record on motion. Ark. State Hwy. Comm'n v. Johns, 236 Ark. 585, 367 S.W.2d 436; Ark. La. Gas Co. v. McGaughey Bros., 250 Ark. 1083, 468 S.W.2d 754. If on cross-examination, the condemmor is unable to draw from the landowner or his expert witness more than a weak or questionable basis for his opinion, that fact has a bearing on the weight to be given the testimony by the jury, and the testimony should not be stricken on motion. Ark. State Hwy. Comm'n v. Russell, 240 Ark. 21, 398 S.W.2d 201.

On direct examination Mr. Jones testified that he initially purchased 70 acres and had lived on the property for approximately 19 years after he purchased it. He said he used the property for livestock raising and poultry production. He said that at the time of the right-of-way taking in 1969, he had acquired a total of 180 acres; that 80 acres lay south of the highway on the Philpot Road and the rest of it lay where his attorney described it to the jury in the opening statement. He said he was using all of the land for livestock and poultry prior to the taking; that the Highway Department took approximately 25 acres and later came back and took some more for easement. He said his home, barns and chicken house were located on the 80 acres where they are still located, but that because of the taking he has lost the use of 40 acres; that approximately 15 acres of his land was left south of the highway and that it is necessary to travel approximately two miles in gaining access to the 15 acres. He said that prior to the construction of Interstate 40, he had no difficulty with drainage in and around his feed barn, but that since the construction of the highway he does have some drainage problem in his calf lot when it rains. He said his...