Arkansas State Highway Commission v. Choate

Conley Byrd, Justice.

The sole issue here is whether appellant Arkansas State Highway Commission can offset the benefits accruing to a piece of property in a second condemnation action against the damages accrued in a prior taking.

The record shows that appellee Robert Choate, Jr. owned a 3.10 acre tract subject to a mortgage in favor of his parents appellees Mr. and Mrs. Robert Choate, Sr. On July 25, 1968, appellant, through a declaration of taking and a deposit in court of $8,000, took 0.21 acres for construction of Highway 67-167 thereby cutting off all access to the remaining portion of…