Wilmoth v. Southwest Arkansas Utilities Corp.

I,This appeal is from a judgment awarding compensation for the condemnation of a utility easement. On appeal, the landowner contends the circuit court erred by (1) entering an order of possession, ex parte, without any notice to it and thereby denying it the opportunity to respond or request a hearing; (2) excluding the testimony of certain witnesses who could not directly relate their testimony to the fair market value of the properly. We find merit in the landowner’s second point. Accordingly, we reverse and remand for a new trial. 1

The condemned property is part of a 460-acre tract where a…