City of Benton v. Alcoa Road Storage, Inc.

The majority has failed to properly apply statutory construction in accordance with the time-honored methods that this court has hitherto employed. The proper application of our procedures for interpreting an act of the General Assembly, when done in a manner that comports with our state constitution, mandates that both attorney’s fees and expert-witness fees are “costs occasioned by the assessment” of just compensation for property condemned under eminent domain. Ark. Code Ann. § 18-15-307(c).1 Thus, Alcoa Road Storage, Inc. (Alcoa) is entitled to not only attorney’s fees but its…