Ark. State Highway Comm. v. Light

This petition for a writ of prohibition (or a ivrit of certiorari) involves a construction of Act 115 of 1953, regulating the procedure by which the Highway Commission may deposit estimated compensation in the registry of the court in condemnation cases. Ark. Stats. 1947, §§ 76-534 to 76-541. The particular question at issue is the extent of the trial court’s power to permit the landowner to withdraw the deposit before trial.

In 1960 the commission filed a proceeding for the condemnation of eight tracts of land in Crittenden county. Upon the filing of the petition the commission deposited…