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ARKANSAS STATE HIGHWAY COM'N v. SUB-DISTRICT NO. 3

No. 5-3117.

376 S.W.2d 259 (1964)

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. SUB-DISTRICT NO. 3 OF GRASSY LAKE and Tyronza Drainage District No. 9 et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied March 30, 1964.

Attorney(s) appearing for the Case

Dowell Anders and Don Gillaspie, Little Rock, for appellant.

C. M. Buck, Blytheville, Bruce Ivy, James E. Hyatt, Jr., Osceola, for appellees.

GEORGE ROSE SMITH, Justice.

These two condemnation suits, consolidated below, are actually test cases by which the parties seek a determination of this question: Does a drainage district, by reason of its uncollected assessment of benefits, have a property interest in lands within the district for which it is entitled to compensation, in a condemnation proceeding, in addition to the award made to the landowner? The trial...

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