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ARKANSAS STATE HIGHWAY COMMISSION v. MASSENGALE

No. 5-3397.

386 S.W.2d 710 (1965)

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. Arkie MASSENGALE et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied March 8, 1965.

Attorney(s) appearing for the Case

Mark E. Woolsey, Don Gillaspie, Don Langston, Little Rock, for appellant.

Sexton & Robinson, Fort Smith, for appellees.

JOHNSON, Justice.

This is an eminent domain proceeding. Appellant Arkansas State Highway Commission filed a condemnation petition in Johnson Circuit Court on October 3, 1963, seeking to condemn 11.84 acres of land belonging to appellees Arkie Massengale and Delsie Massengale, his wife. The land condemned as part of the right of way of Interstate Highway 40 completely bisects appellees' property, isolating 40 acres of improved property north of the highway from 132...

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