Arkansas State Highway Commission v. Alcott
| Decision Date | 12 July 1976 |
| Docket Number | No. 76--79,76--79 |
| Citation | 539 S.W.2d 432,260 Ark. 225 |
| Parties | ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. George Forbes ALCOTT, Appellee. |
| Court | Arkansas Supreme Court |
Thomas B Keys and Philip N. Gowen, Little Rock, for appellant.
Lightle, Tedder, Hannah & Beebe, Searcy, for appellee.
In this eminent domain case, pursuant to Ark.Stat.Ann. § 76--532 (Repl.1957), appellant condemned a strip of land approximately 50 wide and 126 long out of a city lot 70 wide. The strip was taken for the asserted purpose of restoring public access to an adjacent parcel of land which was landlocked as a result of the recent construction of a highway. On appellee's motion the cause was transferred to chancery court for a determination as to whether the taking of the lot was for a public use. The chancellor enjoined the appellant from any further construction on or use of the tract involved. From that ruling comes this appeal.
Appellant contends that the court erred in holding that the lands taken by appellant were not taken for a public use. It argues that the taking was necessary because restoration of public access to the adjacent property would substantially reduce right-of-way costs and, therefore, would be in the best interest of the state. Appellant argues further that in effect the taking of appellee's property constituted an exchange of property. Appellant relies upon Arkansas Highway Commission v. Morgan Estate, 243 Ark. 450, 420 S.W.2d 525 (1967). We find no merit in appellant's arguments.
Private property can be taken under the power of eminent domain only for a public use. City of Little Rock v. Raines, 241 Ark. 1071, 411 S.W.2d 486 (1967); Cloth v. Chicago R.I. & P. Ry. Co., 97 Ark. 86, 132 S.W. 1005 (1910); and Ozark Coal Co. v. Pa. Anthracite Rd. Co., 97 Ark. 495, 134 S.W. 634 (1911). Whether or not a proposed use for which private property is taken is for a public or private use is a judicial question which the owner has a right to have determined by the courts. City of Little Rock v. Raines, supra.
Here appellant's own witness testified, as abstracted:
The public is using this. They are paying for it. * * * The purpose of the highway acquiring this was for access to Mr. Corbin's use. The right of way department made this decision to acquire a private right of way for Mr. Corbin to get service access to the property. . . . But it was a condemnation. That is solely for the purpose of providing Mr. Corbin a private driveway, to reduce damages to the adjoining property. I don't think the ...
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Pfeifer, Iii v City of Little Rock
...or purpose. "This is a judicial question which the owner has a right to have determined by the courts." Arkansas State Highway Comm. v. Alcott, 260 Ark. 225, 539 S.W.2d 432 (1976). Second, the condemnation of land must be according to the law. Robinson, supra. And, in reviewing the necessit......
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