Arkansas State Highway Comm'n v. Welter

I concur in the result, but the real issues on this appeal do not seem to have been fully covered in the majority opinion. As a result, this case appears to be in conflict with our decision in Arkansas Power & Light Company v. Furlong, 250 Ark. 617, 466 S. W. 2d 476.

In this case appellees successfully moved for exclusion of evidence of benefits to land owned by them by the simple expedient of waiving their right to recover severance damages. The court directed, upon appellees’ motion, that all testimony be restricted to the value of the land taken. While our cases contain language that might…