Arkansas State Highway Commission v. Schell

683 S.W.2d 618 (Ark. App. 1985)

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Nature of the Case

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Facts

D condemned part of a forty-acre tract of P's land for construction of a highway project. Four poultry houses were located on the 4.44 acres of property. P's forty-acre tract was now divided into two parts. P east residual property was landlocked following the taking. P's easternmost poultry house would be approximately 250 to 270 feet from the nearest traffic lane of the highway. P's expert witness testified that the damages from the taking were $61,000.00. Ps testified that the damages from the taking amounted to $75,000.00. Larry Dupree and Neil Palmer, D's expert witnesses, testified that the amount of compensation owed was $20,600.00 and $25,800.00. During Palmer's testimony, he testified that severance damages were improper. D asked Palmer to explain how he came to his conclusion on severance damages, but the trial court sustained P's objection. Palmer could only testify that he had talked to people he considered experts in the field. P got a favorable verdict, and D appealed.