Dickson v. Board of Directors
Supreme Court of Arkansas
Appeal from Lafayette Chancery Court; J. Y. Stevens, Chancellor; There was no condemnation of the right of way over which the levee was built. 146 Ark. 14; 138 Ark. 471. The plaintiff had no right to go upon the land of defendant and construct its levee over a right of way which had not been condemned for that purpose.
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Appeal from Lafayette Chancery Court; J. Y. Stevens, Chancellor; There was no condemnation of the right of way over which the levee was built. 146 Ark. 14; 138 Ark. 471. The plaintiff had no right to go upon the land of defendant and construct its levee over a right of way which had not been condemned for that purpose. Nunes v. Coyle, 148 Ark. 365; 143 Ark. 302 229 S. W. 38 142 Ark. 509. The question of condemnation of right-of-way has been settled by a former decision in this case. 146 Ark. 14. See also 56 Ark. 171; 60 Ark. 54.
1Opinion of the CourtHart, J.
This is a suit in equity by the board of directors of a levee district to enjoin a landowner from interfering with them in constructing a levee across his land. The landowner defended on the ground that there had been no condemnation of bis land for a right-of-way on which the board bad proceeded to build tbe levee.
This is tbe second appeal in tbe case. Tbe opinion on the former appeal contains a statement of the facts, and is reported in 146 Ark. p. 14, under the style of Dickson v. Board of Directors of Long Prairie Levee District.
The levee district was created by special statute, and the…
2Cases cited1 opinion
- Little Rock Traction & Electric Co. v. KimbroSupreme Court of Arkansas · 1905
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