Johnson v. Wylie

The county judge, acting pursuant to Act 166 of 1983, declared a private road to be a “county” road. As a result, the appellants were deprived of their private property without compensation. They appealed and the chancery court found the act in question constitutional.

The act is so obviously unconstitutional it should be summarily stricken. However, this is not the first time the power of the state to take private property has been approved by us without serious scrutiny. See Young v. Energy Transportation Systems, Inc., of Ark., 278 Ark. 146, 644 S.W.2d 266 (1983). The act provides: “The…