Arkansas State Highway Commission v. Southern Development Corp.

While I agree with much of the majority opinion, I do not agree with the result or with the application made of our law relating to evidence in eminent domain cases. What we must never forget is that the polestar in these cases is just compensation to the owner of private property— not the easy or economical acquisition of that property for public purposes. Our policy is stated in Article 2, Section 22, of the Constitution, the full text of which is:

The right of property is before and higher than any constitutional sanction; and private property shall not be taken, appropriated or damaged for…