Arp v. State Highway Commission

ROSE, Justice,

specially concurring.

While I concur in the dismissal of this appeal, persuaded by the authorities and reasoning of the majority opinion, I am troubled by the implications thereof. I am hopeful that district courts will remain constantly concerned with the probable and practical mootness that goes with the con-demnor taking and imposing the improvement upon the property before the owners’ appellate rights have ripened. When the highway has been constructed, it is academic to still be litigating the taking — but this is the state of the law as I view it — inequitable as it may be.

A…