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ARKANSAS STATE HIGHWAY COMMISSION v. HARTSFIELD

No. 5-5218.

454 S.W.2d 82 (1970)

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. George HARTSFIELD et ux., Appellees.

Supreme Court of Arkansas.

May 25, 1970.

Attorney(s) appearing for the Case

Thomas B. Keys, and Virginia Tackett, Little Rock, for appellant.

James H. Pilkinton, Hope, for appellees.

JONES, Justice.

Under the power of eminent domain, the Arkansas State Highway Commission condemned a 35 foot strip of land across the end of two lots belonging to Mr. and Mrs. Hartsfield on which they have their home near Hope in Hempstead County, Arkansas. A jury trial resulted in a judgment on a verdict in favor of Mr. and Mrs. Hartsfield for damages in the amount of $8,000. The highway department has appealed and relies on the following point for reversal:

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