The State Life Insurance Company of Indianapolis, Indiana v. Arkansas State Highway Commission

Decision Date17 March 1941
Docket Number4-6371
Citation148 S.W.2d 671,202 Ark. 12
PartiesTHE STATE LIFE INSURANCE COMPANY OF INDIANAPOLIS, INDIANA, v. ARKANSAS STATE HIGHWAY COMMISSION
CourtArkansas Supreme Court

Appeal from Pulaski Chancery Court; Frank H. Dodge, Chancellor affirmed.

Affirmed.

Carmichael & Hendricks, for appellant.

Herrn Northcutt, for appellee.

OPINION

MCHANEY, J.

This is an action by appellant to enjoin appellees from constructing a state highway over a changed route of the Mayesville-East Road, No. 102, through lands belonging to it in Benton county. It is alleged that no condemnation has been had of the land and that it is an attempt to take private property without compensation. Also that under the law no damage could be recovered, but if so, no appropriation has been made and no damage could be recovered. The answer denied there had been no condemnation, and asserted that an order was made on July 15, 1940, condemning a right-of- way over and across the lands of appellant, a copy of which was attached. It recites it was made on petition of the State Highway Commission, defines the route of the road as changed and provided that any land owner affected, who feels aggrieved or damaged by reason of the changes made, shall present his claim to the court within one year from said date. Trial resulted in a decree dismissing the complaint for want of equity.

For a reversal of this decree, two contentions are made, first, that a letter from the county judge of Benton county to Judge Carmichael, attorney for appellant, in which it was stated: "I can't see how your clients would be damaged by the establishment of this road as the farm is already divided by a county road. The only damage that possibly could be had is the extra land taken" is a denial of damages under the constitution; and second, that the act under which the county court acted in making the order of condemnation is unconstitutional and void.

As to the first proposition, we agree with counsel for appellant that the constitution prohibits the taking of private property for public use without just compensation, and that this prohibition extends, not only to the property actually taken, but to the damage, if any, done to the property not taken. Perhaps the county judge should not have pre-judged appellant's right to recover damages to the land not taken, and in expressing the view that "the only damage that possibly could be had is the extra land taken." The county court might change its view of the matter on a trial before it, if and when such a claim is ever presented to the court. If not, and appellant still feels aggrieved, an appeal will lie. So far as this record discloses, no claim has yet been filed with or presented to the county court. The case of Dowdle v. Raney County Judge, 201 Ark. 836, 147 S.W.2d 42, is cited and relied on in this connection, but we can see no application to be made of the facts in that case to this, as to this point. Appellant had and still has a complete and adequate remedy at law. It is not alleged or attempted to be proven that Benton county is insolvent and cannot pay any damage suffered by appellant, and the burden was on it to do so. There is no presumption of insolvency as to the state or any of its political subdivisions. In fact the presumption is to the contrary. ...

To continue reading

Request your trial
9 cases
  • Arkansas State Highway Commission v. Roberts, 5--5304
    • United States
    • Arkansas Supreme Court
    • 15 June 1970
    ...that a statute undertaking to permit determination of compensation without notice is void. State Life Ins. Co. of Indianapolis v. Arkansas State Highway Commission, 202 Ark. 12, 148 S.W.2d 671. Statutes governing procedures must be pursued strictly. Hare v. Ft. Smith and W. R. Co., 104 Ark.......
  • Miller County v. Beasley
    • United States
    • Arkansas Supreme Court
    • 15 December 1941
    ...demands, when adjudicated, are satisfied. The law as thus expressed was approved in State Life Insurance Company of Indianapolis v. Arkansas State Highway Commission, Ark., 148 S.W.2d 671, 673, where it was said the rule laid down in Sloan v. Lawrence County, 134 Ark. 121, 203 S.W. 260, is ......
  • Arkansas State Highway Commission v. Coffelt
    • United States
    • Arkansas Supreme Court
    • 2 June 1975
    ...Commission v. Palmer, 222 Ark. 603, 261 S.W.2d 772, and The State Life Insurance Company of Indianapolis, Indiana v. Arkansas State Highway Commission, 202 Ark. 12, 148 S.W.2d 671. The principles of law being (1) that where a county condemns land for highway purposes upon petition of the Ar......
  • Miller County v. Beasley
    • United States
    • Arkansas Supreme Court
    • 15 December 1941
    ...[5] Sec. 5249 of Crawford & Moses' Digest is § 6968 of Pope's Digest. [6] Italics supplied. [7] 201 Ark. 927, 148 S.W.2d 324. [8] 202 Ark. 12, 148 S.W.2d 671. [9] 134 Ark. 121, 203 S.W. [10] See Prewitt v. Warfield, County Judge, ante, p. 137, 156 S.W.2d 238. [11] Section 65 of Act 65 of 19......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT