Arkansas State Highway Commission v. Roosevelt Morgan Estate

Carleton Harris, Chief Justice.

In June, 1966, the Arkansas State Highway Commission, appellant herein, filed a condemnation complaint in the Circuit Conrt of Faulkner County, condemning all of a tract of land owned by the Roosevelt Morgan estate, in contemplation of construction preparations for Interstate Highway 40.1 In September, 1966, appellee (through Mrs. Georgiana Morgan) filed a petition in which it challenged the taking of 6.19 acres lying outside the physical right-of-way (referred to as Tract No. 444R-2) for Interstate 40, and asked that the court strike that portion of the…