Barton v. Edwards
Supreme Court of Arkansas
Appeal from 'Craighead Chancery Court; Chas. D.. Frierson, Chancellor; 1. The necessity of making just and full compensation to the owner of private property taken for public use is clearly established law in this State. The highway statute expressly provides for the assessment and allowance of compensation 'and damages for property so taken.
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Appeal from 'Craighead Chancery Court; Chas. D.. Frierson, Chancellor; 1. The necessity of making just and full compensation to the owner of private property taken for public use is clearly established law in this State. The highway statute expressly provides for the assessment and allowance of compensation 'and damages for property so taken. Kfiriby’s Dig., § § 2996, 3001, 3002, 3003. See also art. 12, § 9, Const. 1874; Declaration of Rights, Id., § 22; 13 Ark. 198, 206, 58 Aim. Dec. 321; Nichols, The Power of Eminent Domain, § 31, and cases cited; 96 U. S. 97, 107, 24 L. Ed. 616. 2. Must…
1Opinion of the CourtMcCulloch, C. J.
A public road was, by order of the county court, established through appellant's land in Craighead County, the proceedings for laying out the road being conducted in accordance with the statutes on that subject, and appellant was awarded the sum of $575.00 as compensation for his damages. County warrants of that county are considerably below par, and appellant refused to accept a warrant and insists that the county must in some way pay him his damages in money before the land can be taken for use as a public road. He instituted this action in the chancery court against the county judge to…
2Cases cited3 opinions
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- City of Paragould v. MilnerSupreme Court of Arkansas · 1914
- State ex rel. Burbank v. Mayor of SuperiorWisconsin Supreme Court · 1892
3Cited by4 opinions
- W. R. Wrape Stave Co. v. Arkansas State Game & Fish CommissionSupreme Court of Arkansas · 1949
- Casco Co. v. Thurston CountyWashington Supreme Court · 1931
- Crawford County v. SimmonsSupreme Court of Arkansas · 1928
- DeSalvo v. Arkansas Louisiana Gas Co.District Court, E.D. Arkansas · 1965