Gregg v. Sanders
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; Dene H. Coleman, Judge; 1. The court erred in sustaining the demurrer to thé answer. The Constitution contains no limitations upon the consideration of benefits as just compensation for land taken under the power of eminent domain except when exercised through the instrumentality of a corporation. 64 Ark.' 559. The Newport Levee District is not a private corporation, but a body politic and corporate, a public corporation, and the act…
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Appeal from Jackson Circuit Court; Dene H. Coleman, Judge; 1. The court erred in sustaining the demurrer to thé answer. The Constitution contains no limitations upon the consideration of benefits as just compensation for land taken under the power of eminent domain except when exercised through the instrumentality of a corporation. 64 Ark.' 559. The Newport Levee District is not a private corporation, but a body politic and corporate, a public corporation, and the act creating it is constitutional. 59 Ark. 533. Art. 12, section 9, of our Constitution does not -apply to anything except…
1Opinion of the CourtMcCulloch, C. J.
The Newport Levee District was created ’as an improvement district by the Legislature (Acts 1917, page 1285), for the purpose of constructing a levee along the hank of White River, through the city of Newport and contiguous territory. The right of eminent domain was conferred for the purpose of acquiring lands to he used in the construction of the levee. The cost of the improvement included, of course, all costs of acquiring rights-of-way and other expenses to be paid for by assessments on benefits accruing to the real property affected by the improvement. Appellees ■ are the .owners of a…
2Cases cited6 opinions
- Cribbs v. BenedictSupreme Court of Arkansas · 1897
- City of Paragould v. MilnerSupreme Court of Arkansas · 1914
- State ex rel. Merchant v. District Court for St. Louis CountySupreme Court of Minnesota · 1896
- Village of Grant Park v. TrahIllinois Supreme Court · 1905
- Garvey v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- City of St. Louis Park v. EngellSupreme Court of Minnesota · 1969
- Donaghey v. LincolnSupreme Court of Arkansas · 1926
- Sain v. Cypress Creek Drainage DistrictSupreme Court of Arkansas · 1923
- State Ex Rel. Beecher v. GilliamWashington Supreme Court · 1927
- Staub v. Mud Slough Drainage District No. 1Supreme Court of Arkansas · 1950
2 more not listed; retrieve them via the Exa API.