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CITY OF FORT SMITH v. DeLAET

No. 5-4055.

411 S.W.2d 520 (1967)

CITY OF FORT SMITH, Appellant, v. Warren H. DeLAET et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied March 13, 1967.

Attorney(s) appearing for the Case

Shaw, Jones & Shaw, Ft. Smith, for appellant.

Harold C. Rains, Jr., Floyd G. Rogers, Theron Agee, Van Buren, and Warren O. Kimbrough, Fort Smith, for appellees.

WARD, Justice.

This is an eminent domain proceedings filed by the City of Fort Smith to procure an easement and right-of-way fifty feet wide over a 137 acre farm owned by Warren DeLaet and wife and a 676 acre farm owned by Logan L. France and his wife. The easement was sought to lay a thirty six inch water line to be used in transmitting water from lakes in Crawford County to the City. The line was located in accord with the plat attached, as an exhibit, to the City...

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