Hyatt v. City of Bentonville

Frank Holt, Justice.

The appellee city initiated this suit in circuit court seeking to exercise its power of eminent domain to procure an easement across appellants’ property. Appellee alleged the easement was necessary to complete the construction of a public improvement, i.e. an underground primary electrical service line and placing a pad mount thereon. Appellants answered and denied that the appellee had any statutory authority to exercise the power of eminent domain for the purpose stated. Appellant landowners then filed a motion requesting that the circuit court transfer the case to…