Arkansas Condemnation Case Nets Local business additional $43,800.00

On July 10, 2012, Thompson Industries, Inc. entered into a consent judgment with the Arkansas State Highway Commission resolving an Arkansas condemnation case involving 1.95 acres of land and a permanent easement of .34 acres in Pope County, Arkansas. The Arkansas State Highway Commission had initially offered $9,200 for the property, but ultimately settled the matter for an additional $43,800.

The primary issue in the Arkansas condemnation case was the classification of the property’s “highest and best” use. The Highway Commission had classified the property as “recreational” use in an appraisal of the subject property, The landowners obtained an independent appraisal classifying the property as having a “commercial” highest and best use. The commercial use designation was supported by a site plan and evaluation conducted by a local civil engineer working on behalf of the landowners. Ultimately, the parties were able to resolve the matter for a total amount of more than five times the initial offer.

This case is a great example of how one decision by an appraiser for the Arkansas State Highway Commission can substantially impact the amount of just compensation initially offered to landowners in Arkansas condemnation cases. It also exemplifies the reason why landowners facing eminent domain or condemnation cases need to consult with experienced professionals (e.g. appraisers, engineers, and eminent domain attorneys) involved with the litigation of such matters to ensure that they receive the just compensation they deserve. The law of eminent domain in alive and well in Arkansas and landowners need to work with experienced professionals to ensure they receive the money guaranteed to them under both the United States and Arkansas constitutions.

The landowners were represented in this Arkansas condemnation case by Brandon Moffitt of Moffitt & Phillips, PLLC and Richard Peel of the Peel Law Firm in Russellville, AR. If you are facing a condemnation in Arkansas, visit our law firm’s webpage dedicated to our eminent domain practice.


Jury in Arkansas Eminent Domain case Awards $341,500 to Boone County Landowners

A Boone County jury on Wednesday awarded two landowners $341,500 for 29.87 acres taken in fee or encumbered by permanent easements in an Arkansas eminent domain case. The property had been condemned by the Ozark Mountain Regional Public Water Authority to construct a water intake and treatment facility on Bull Shoals Lake. In 2010, Ozark Mountain condemned a portion of Greg Giles’ and Karen Hughes’ 809.82 acres located in the Lead Hill area, resulting in the loss of lake access for the remaining 779.95 acres of Mr. Giles’ and Ms. Hughes’ property. Of the 29.87 acres condemned, 20.36 acres were taken by Ozark Mountain in fee to construct a 15 acre water treatment facility site and for buffer areas around the intake facility. Another 9.51 acres were encumbered by permanent easements held by Ozark Mountain to construct and use roadways, water transmission pipelines, and electrical distribution lines to service their facility.

Michael B. Phillips and Brandon Moffitt, eminent domain attorneys for the landowners, had asked the jury for $468,000 for the takings based on an appraisal by Glen Carlson of Fayetteville, Arkansas, and a conceptual development plan prepared by civil engineer Tim Sorey of Sand Creek Engineering in Bentonville, Arkansas. Ozark Mountain offered Mr. Giles and Mrs. Hughes $67,000 for acquisition of the 29.87 acres needed for construction of the project. Ozark Mountain based its valuation on an appraisal conducted by Tom Reed of Reed & Associates, Inc., in Fayetteville, Arkansas.

After three days of testimony, the three men and nine women jury deliberated for approximately an hour and a half late Wednesday afternoon before returning with their verdict in the Arkansas eminent domain case. Eleven jurors voted to pay Mr. Giles and Ms. Hughes $341,500 for their property. In a civil jury trial, only nine of twelve jurors must agree on a verdict.

Ozark Mountain Regional Public Water Authority’s intake and treatment facility project will supply water from Bull Shoals Lake to several cities, towns, and water associations in Boone, Newton, Marion, and Searcy Counties. Ozark Mountain used Arkansas eminent domain law to secure title to several parcels to construct the project.

Michael B. Phillips and Brandon Moffitt are members of Moffitt & Phillips, PLLC, a law firm based in Little Rock, representing property owners across the state in Arkansas eminent domain cases, and are dedicated to advancing the cause of private property ownership rights in Arkansas.

 

DISCLAIMER: ANY INFORMATION CONTAINED WITHIN THIS ARTICLE IS FOR GENERAL INFORMATION PURPOSES ONLY. THE CONTENT OF THIS ARTICLE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. THE PUBLISHING OF THIS ARTICLE DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP BETWEEN ANY INDIVIDUAL AND MOFFITT & PHILLIPS, PLLC. ANY INDIVIDUAL REVIEWING THE CONTENT OF THIS ARTICLE SHOULD SEEK THE SERVICES OF A QUALIFIED ATTORNEY TO EVALUATE ANY ARKANSAS EMINENT DOMAIN MATTER, ARKANSAS CONDEMNATION MATTER, OR ANY OTHER LEGAL MATTER. PLEASE NOTE THAT PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. MOFFITT & PHILLIPS, PLLC IS LOCATED IN LITTLE ROCK, ARKANSAS AND HAS ATTORNEYS LICENSED TO PRACTICE IN THE STATES OF ARKANSAS AND TENNESSEE. MOFFITT & PHILLIPS, PLLC © 2012

 


Jury Awards $103,469 in Little Rock Eminent Domain Case

In a Little Rock Eminent Domain case, the Arkansas State Highway Commission condemned a portion of Otter Creek Auto Salvage & Sales, Inc.’s 3.21 acres along Stagecoach Rd. in Little Rock, Arkansas as part of a construction project to widen Hwy. 5 / Stagecoach Rd. from the Saline County Line to Otter Creek Road. On Friday, June 17, 2011, a Pulaski County jury unanimously awarded the local auto salvage and sales business $103,469.00 for the .28 acres and improvements condemned by the Highway Commission.

Moffitt & Phillips, Little Rock Eminent Domain attorneys for Otter Creek Auto Salvage & Sales, Inc., had asked for $113,000.00 for the taking based on an appraisal by Tom M. Ferstl of Affiliated Appraisers in Little Rock, Arkansas. The Arkansas State Highway Commission had offered Otter Creek only $53,650.00 for acquisition of the .28 acres and improvements needed for construction of the road widening project.

At issue in the case was the value of the Otter Creek property based on its commercial use. The Highway Commission’s appraiser valued the property at $2.65/sq.ft. while Mr. Ferstl valued the property at $7.28/sq.ft.. Both appraisers agreed that the Otter Creek property was commercial property with significant frontage along Stagecoach Rd. (550+ft), but the Highway Commission’s appraiser chose to use comparable sales with significantly less frontage along Stagecoach Rd.. Additionally, two of the Highway Commission’s comparable sales had residential improvements on them. Despite being told by the purchasers of these two comparable sales that they gave no consideration for the improvements, the Highway Commission’s appraiser backed the value of the residential improvements out of each property’s sales price to arrive at his $2.65/sq.ft. valuation. This case is a clear example of how an appraiser’s opinion in a Little Rock eminent domain case can significantly impact the amount of funds paid to a landowner facing a condemnation.

Moffitt & Phillips, PLLC is a Little Rock eminent domain law firm representing property owners across the state in eminent domain and condemnation cases.

DISCLAIMER: ANY INFORMATION CONTAINED WITHIN THIS ARTICLE IS FOR GENERAL INFORMATION PURPOSES ONLY. THE CONTENT OF THIS ARTICLE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. THE PUBLISHING OF THIS ARTICLE DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP BETWEEN ANY INDIVIDUAL AND MOFFITT & PHILLIPS, PLLC. ANY INDIVIDUAL REVIEWING THE CONTENT OF THIS ARTICLE SHOULD SEEK THE SERVICES OF A QUALIFIED ATTORNEY TO EVALUATE ANY ARKANSAS EMINENT DOMAIN MATTER, ARKANSAS CONDEMNATION MATTER, OR ANY OTHER LEGAL MATTER. PLEASE NOTE THAT PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. MOFFITT & PHILLIPS, PLLC IS LOCATED IN LITTLE ROCK, ARKANSAS AND HAS ATTORNEYS LICENSED TO PRACTICE IN THE STATES OF ARKANSAS AND TENNESSEE. MOFFITT & PHILLIPS, PLLC © 2011

 


Eminent Domain Attorneys Moffitt & Phillips, PLLC invited to join OCA

Eminent Domain Attorneys Moffitt & Phillips, PLLC has accepted an invitation from Owners’ Counsel of America to become their representative for the state of Arkansas. Owners’ Counsel of America is a non-profit association of experienced property rights and eminent domain attorneys nationwide. OCA members stand at the forefront of property rights issues, representing owners in the courtroom, on appeal and before state and federal legislators. OCA members are not only trial and appellate eminent domain attorneys, but also academics, lecturers, and authors who aspire to further the protection of property rights across the country. Membership in OCA is by invitation only and is limited to one eminent domain attorney per state. For more information, please visit OCA’s website at www.ownerscounsel.com.

If you are seeking eminent domain attorneys for your condemnation case, call Moffitt & Phillips today. Our eminent domain attorneys are here to protect your property interests and to ensure that you receive the just compensation you are entitled to when the government takes your property.

 

DISCLAIMER: ANY INFORMATION CONTAINED WITHIN THIS ARTICLE IS FOR GENERAL INFORMATION PURPOSES ONLY. THE CONTENT OF THIS ARTICLE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. THE PUBLISHING OF THIS ARTICLE DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP BETWEEN ANY INDIVIDUAL AND MOFFITT & PHILLIPS, PLLC. ANY INDIVIDUAL REVIEWING THE CONTENT OF THIS ARTICLE SHOULD SEEK THE SERVICES OF A QUALIFIED ATTORNEY TO EVALUATE ANY ARKANSAS EMINENT DOMAIN MATTER, ARKANSAS CONDEMNATION MATTER, OR ANY OTHER LEGAL MATTER. MOFFITT & PHILLIPS, PLLC IS LOCATED IN LITTLE ROCK, ARKANSAS AND HAS ATTORNEYS LICENSED TO PRACTICE IN THE STATES OF ARKANSAS AND TENNESSEE. MOFFITT & PHILLIPS, PLLC © 2011

 


Jury Awards $4.67 Million in Arkansas Condemnation Verdict

A Benton County jury returned an Arkansas Condemnation Verdict on Tuesday awarding a Bella Vista couple $4.67 million for 19.26 acres which had been condemned by the Arkansas State Highway Commission to construct the Bella Vista Toll Facility, also known as the Bella Vista Bypass. In 2007, the Arkansas State Highway Commission condemned a portion of Thomas and Judith Terrell’s 72.89 acres along N. Walton Blvd. in Bentonville resulting in severely limited access to the remaining 53.63 acres of the Terrell’s property.

Michael B. Phillips and Brandon Moffitt, eminent domain attorneys for the Terrells, had asked for $5.6 million dollars for the taking based on an appraisal by Glen Carlson of Fayetteville, Arkansas and a conceptual development plan prepared by civil engineer Tim Sorey of Sand Creek Engineering in Bentonville, Arkansas. The Arkansas State Highway Commission offered the Terrells $1,132,100 for acquisition of the 19.26 acres needed for construction of the project. The Highway Commission based its determination on an appraisal conducted by Ray Fletcher of Reed & Associates, Inc. in Fayetteville, Arkansas.

The six-man and six-woman jury deliberated for approximately an hour late Tuesday afternoon before returning with the multimillion-dollar Arkansas condemnation verdict. Ten jurors voted to pay the Terrells $4.67 million dollars for their property. In a civil jury trial, only nine of twelve jurors must agree on a verdict. According to the Arkansas State Highway & Transportation Department’s public information office, this Arkansas condemnation verdict is the largest ever against the Arkansas State Highway Commission in a condemnation case.

The Bella Vista Bypass will connect Arkansas and Missouri with an interstate highway that will eventually be part of I-49. The proposed bypass is about 20 miles, extending from U.S. 71 just south of Bella Vista to U.S. 71 near Pineville, Mo.

Michael B. Phillips and Brandon Moffitt are members of Moffitt & Phillips, PLLC, an eminent domain law firm based in Little Rock, Arkansas representing property owners across the state in condemnation proceedings and dedicated to advancing the cause of property rights in Arkansas.

 

DISCLAIMER: ANY INFORMATION CONTAINED WITHIN THIS ARTICLE IS FOR GENERAL INFORMATION PURPOSES ONLY. THE CONTENT OF THIS ARTICLE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. THE PUBLISHING OF THIS ARTICLE DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP BETWEEN ANY INDIVIDUAL AND MOFFITT & PHILLIPS, PLLC. ANY INDIVIDUAL REVIEWING THE CONTENT OF THIS ARTICLE SHOULD SEEK THE SERVICES OF A QUALIFIED ATTORNEY TO EVALUATE ANY ARKANSAS EMINENT DOMAIN MATTER, ARKANSAS CONDEMNATION MATTER, OR ANY OTHER LEGAL MATTER. MOFFITT & PHILLIPS, PLLC IS LOCATED IN LITTLE ROCK, ARKANSAS AND HAS ATTORNEYS LICENSED TO PRACTICE IN THE STATES OF ARKANSAS AND TENNESSEE. MOFFITT & PHILLIPS, PLLC © 2010