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ARKANSAS STATE HIGHWAY COMMISSION v. HAMBUCHEN

No. 5-4372.

422 S.W.2d 688 (1968)

243 Ark. 832

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. Frank M. HAMBUCHEN et ux., Appellees.

Supreme Court of Arkansas.

January 15, 1968.

Attorney(s) appearing for the Case

John R. Thompson, and Billy Pease and Louis A. Dodrill, Little Rock, for appellant.

Guy H. Jones and Clark, Clark & Clark, Conway, for appellees.

GEORGE ROSE SMITH, Justice.

This is a condemnation suit in which the Highway Commission is taking 3.18 acres out of an 8.7-acre tract owned by the appellees. At the trial the condemnor's theory, supported by the testimony of its expert witnesses, was that the construction of the proposed highway would enhance the value of the uncondemned portion of the Hambuchens' tract to such an extent that they would actually benefit by the taking. The jury rejected that theory...

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