Hale v. Road Improvement District No. 1
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District ; B. R. Dibdley, Judge; Sections 4 and 11 of act No. 380, Acts 1919, p. 1666, are to be read and construed together. It was the duty of the board to assess damages, and the landowner to commence an action for damages within twelve months for damages.
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Appeal from Mississippi Circuit Court, Osceola District ; B. R. Dibdley, Judge; Sections 4 and 11 of act No. 380, Acts 1919, p. 1666, are to be read and construed together. It was the duty of the board to assess damages, and the landowner to commence an action for damages within twelve months for damages. The act should be construed as a whole and the purpose of the Legislature carried into effect. 158 S. W.. 962-3; 202 Id. 833; 25 R. C. L., § 285; 56 Ark. 137. It was the duty of the board to assess, not only the ■benefits accruing to the land, but all damages. Act 380, Acts 1919, §§ 4 and 9.…
1Opinion of the CourtSmith, J.
Appellant is the owner of lands in Road Improvement District No. 1 of Mississippi County, which was created by act 380 of the-Acts of the General Assembly of 1919 (volume 2, Road Acts, page 1666). The commissioners of the district filed a petition in the county court, praying authority to open a road through one tract of appellant’s land and to widen an old road through other tracts of his land. The county court made the order prayed for, and at the same time approved the plans of the commissioners for the improvement and the assessments of benefits. In returning the assessments of benefits…
2Cases cited7 opinions
- Billingsley v. AdamsSupreme Court of Arkansas · 1912
- Armstrong v. LawsonSupreme Court of Arkansas · 1917
- Adkisson v. StateSupreme Court of Arkansas · 1920
- Van Hoozer v. HendricksSupreme Court of Arkansas · 1920
- Johnston v. StateSupreme Court of Arkansas · 1920
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3Cited by1 opinion
- Roth Tobacco Co. v. Layton Department StoreSupreme Court of Arkansas · 1924