Young v. Red Fork Levee District
Supreme Court of Arkansas
Appeal from Desba Circuit Court; -Jaimes C. Knox, Special Judge; 1. Act 53, Acts 1905, is a special act limited in its operation to the St. Francis Levee District and to lands “bordering upon and near the Mississippi River.” Sections 1 and 8 specifically mention the St. Francis District; section 9 limits the act to lands bordering upon and near the Mississippi River. The act only applies to the St. Francis District.
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Appeal from Desba Circuit Court; -Jaimes C. Knox, Special Judge; 1. Act 53, Acts 1905, is a special act limited in its operation to the St. Francis Levee District and to lands “bordering upon and near the Mississippi River.” Sections 1 and 8 specifically mention the St. Francis District; section 9 limits the act to lands bordering upon and near the Mississippi River. The act only applies to the St. Francis District. But if not, appellee has no right to condemn until it had first attempted to ‘ ‘ acquire it by compromise or agreement with the owners.” Notice to the owner is a prerequisite.…
1Opinion of the CourtMcCulloch, C. J.
Appellee is a levee district created by special statute enacted by the General Assembly of-1891,* and appellants are severally the owners of tracts of land through which a portion of the levee was located and constructed during the year 1914. The right-of-way for the levee was condemned and damages to the owners assessed pursuant to the terms of the Act of February 24, 1905, entitled “An Act to provide a method for the exercise of the right of eminent domain by levee, drainage, and ditching districts. ” Acts 1905, p. 143, Act No. 53.(1) Appellants contend that the Act of 1905 is, in the first…
2Cases cited2 opinions
- Hampton v. HickeySupreme Court of Arkansas · 1908
- Russell v. Board of DirectorsSupreme Court of Arkansas · 1913
3Cited by13 opinions
- City of Los Angeles v. GlassellCalifornia Supreme Court · 1928
- Dickerson v. Tri-County Drainage DistrictSupreme Court of Arkansas · 1919
- Keith v. Drainage Dist. No. 7 of Poinsett CountySupreme Court of Arkansas · 1931
- Arkansas State Highway Commission v. RobertsSupreme Court of Arkansas · 1970
- Hogge v. Drainage District No. 7Supreme Court of Arkansas · 1930
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