Legal Opinion · Dissent
Arkansas State Highway Commission v. Johnson
Supreme Court of Arkansas
Decided November 20, 1989No. 89-236Published
1DissentSteele Hays, Justice
While I concur in Sections 1 and 3 of the majority opinion, I believe the majority is mistaken with respect to Section 2. It seems patently clear that our statutes establishing the procedure by which the condemning authority can take immediate possession of lands [originating in Act 115 of 1953 and now codified in Ark. Code Ann. § 27-67-312 through 319 (1987)] did not intend that the estimated compensation deposited by the condemnor be disclosed to the jury. Nothing in Act 115 even remotely implies such a reading, nor does any part of the language of 42 U.S.C. § 4651, to which the majority…
2Cases cited5 opinions
- United States v. 320.0 Acres of Land, More or Less in the County of Monroe, State of Florida,and Salvatore R. CicconeCourt of Appeals for the Fifth Circuit · 1979
- Washington Metropolitan Area Transit Authority, a Body Corporate v. One Parcel of Land in Montgomery County, MarylandCourt of Appeals for the Fourth Circuit · 1977
- Arkansas Power & Light Co. v. MelkovitzCourt of Appeals of Arkansas · 1984
- Arkansas State Highway Commission v. TaylorSupreme Court of Arkansas · 1980
- Ark. State Highway Comm. v. BlakeleySupreme Court of Arkansas · 1959