Legal Opinion · Dissent

Housing Authority v. Amsler

Supreme Court of Arkansas

Decided May 31, 1965No. 5-3511Published

1DissentEd. F. McFaddin, Associate Justice

My personal feelings are on the side of the landowner in this case, and in most other eminent domain cases. A citizen buys property with his own money, pays taxes, and improves his property under the belief that his home is his castle. Then one fair day some public agency — be it the Highway Commission, the Housing Authority, or what not —decides to take the citizen’s property because the Legislature has granted such public agency the power of eminent domain!

And what happens ? The citizens is hailed into court; the public agency, with the power of eminent domain, makes the citizen either…

2Cases cited5 opinions

  1. Selle v. City of FayettevilleSupreme Court of Arkansas · 1944
  2. Ark. State Highway Comm. v. Union Planters Natl. BankSupreme Court of Arkansas · 1960
  3. Romer v. LeynerSupreme Court of Arkansas · 1955
  4. Arkansas State Game & Fish Commission v. KizerSupreme Court of Arkansas · 1953
  5. Ark. State Highway Commission v. Union Planters National BankSupreme Court of Arkansas · 1960

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