Arkansas State Highway Commission v. Carder, 5-1343

Decision Date30 September 1957
Docket NumberNo. 5-1343,5-1343
Citation228 Ark. 8,305 S.W.2d 330
PartiesARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. Frank G. CARDER et al., Appellees.
CourtArkansas Supreme Court

W. R. Thrasher, Neill Bohlinger, Little Rock, Dowell Anders, and Bill D. Demmer, for appellant.

Catlett & Henderson, Little Rock, for appellees.

MILLWEE, Justice.

On December 28, 1955, the appellant, Arkansas State Highway Commission, filed suit condemning 5.44 acres of land out of a 14.44-acre tract owned by appellees, Frank G. Carder and Frank G. Carder, Jr., in Jacksonville, Arkansas. These lands along with others were condemned for the reconstruction and relocation of that part of U. S. Highway 67 in Pulaski County known as the North Little Rock--Jacksonville--Air Force Base Highway. A 'Declaration of Taking' was filed January 16, 1956, for the 'controlled-access' road. The issue of the amount of damages sustained by appellees for the taking of their lands was tried to a jury on December 11, 1956, resulting in a verdict and judgment for $31,500.

Appellant first contends the verdict is excessive in that there is no substantial evidence to support it because there is no fair or reasonable basis for the estimates and opinions of the witnesses for appellees concerning the amount of their damages. While the question of the sufficiency of the evidence is one of law, it is also settled that in making such determination this court must consider the testimony in the light most favorable to appellees and indulge all reasonable inferences in favor of the judgment.

The evidence discloses that 6.95 acres of the tract owned by appellees is zoned for commercial use from which portion appellant took 4.32 acres. The remaining 7.49 acres is zoned for residential use and 1.12 acres were taken from this portion. The land taken will be used in the construction of an overpass and dump varying in height up to 15 feet and 3 inches and extending across the entire tract with a width or frontage of 449 feet along Main Street in the City of Jacksonville at the place of beginning and a width of 240 feet on the northeast or point of leaving appellees' property. After the taking of the 5.44 acres there remains an irregular shaped parcel of 1.17 acres zoned for commercial use on the east and 7.83 acres on the west of which 6.37 acres is residential and 1.46 acres is commercial. A strip of about 2 acres on the west is burdened by a power line easement. While there was some evidence of plans for interchange or service roads along the limited access highway by appellees' property, final approval of such plans had not been made at the time of trial.

Three real estate expert witnesses for appellees shown to be well qualified by background and experience estimated appellees' damages in amounts varying from $43,000 to $71,500. Such estimates included the market value of the lands taken and damages to the remaining lands by reason of the taking and construction. These witnesses were of the opinion that said lands were strategically located for business use as a shopping area for the inhabitants of the rapidly growing City of Jacksonville and the Little Rock Air Force Base. Instances of sales of lands in another commercial area of the city which the witnesses regarded as comparable in value to the lands in question were given along with other factors bearing on market value.

The foregoing testimony was sharply disputed by the three experts presented by the appellant who estimated appellees' total damages at $6,400 to $7,102. While admitting it was valuable as commercial property, they denied that the lands were suitable for shopping center development and did not regard it as comparable in value to land in a nearby shopping center area which sold for considerably more than was allowed appellees in the instant case. In support of their estimates they cited sales of other properties during the last 2 or 3 years which they considered more nearly comparable in value to ap...

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18 cases
  • Arkansas State Highway Commission v. Southern Development Corp.
    • United States
    • Arkansas Supreme Court
    • June 21, 1971
    ...in order that the jury might satisfactorily determine what price it could have been sold for on the market. Arkansas State Highway Commission v. Carder, 228 Ark. 8, 305 S.W.2d 330; Arkansas State Highway Commission v. O. & B., Inc., 227 Ark. 739, 301 S.W.2d 5; City of El Dorado v. Scruggs, ......
  • Arkansas State Highway Commission v. Ormond, 5--5021
    • United States
    • Arkansas Supreme Court
    • December 22, 1969
    ...in order that the jury might satisfactorily determine what price it could have been sold for on the market. Arkansas State Highway Commission v. Carder, 228 Ark. 8, 305 S.W.2d 330; Arkansas State Highway Commission v. O. & B., Inc., 227 Ark. 739, 301 S.W.2d 5; City of El Dorado v. Scruggs, ......
  • Missouri State Park Bd. v. McDaniel, 9092
    • United States
    • Missouri Court of Appeals
    • October 20, 1971
    ...every advantage that the property possesses, present or prospective, that would affect its market price (Arkansas State Highway Commission v. Carder, 228 Ark. 8, 305 S.W.2d 330, 332(2)), bearing in mind that the prospective advantages may not relate to future worth of the land but to its pr......
  • Arkansas State Highway Commission v. Bingham
    • United States
    • Arkansas Supreme Court
    • March 28, 1960
    ...in various eminent domain cases has approved damages for the taking of the fee simple title to property, Arkansas State Highway Commission v. Carder, 228 Ark. 8, 305 S.W.2d 330; has endorsed compensation for severance damages, Arkansas State Highway Commission v. Dupree, 228 Ark. 1032, 311 ......
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