Arkansas State Highway Commission v. Lee Wilson & Co.

I must respectfully dissent from the opinion of the majority in this case. The rule in determining just compensation where there is a partial taking by the sovereign in the exercise of its right of eminent domain is the difference in the fair market value of the entire tract immediately before the taking and the fair market value of the remaining land immediately after the taking. The reason for that rule was recently explained by this court in Property Owners Improvement District v. Williford, 40 Ark. App. 172, 843 S.W.2d 862 (1992), where we said:

When the sovereign exercises its rights to…