Arkansas State Highway Commission v. McAlister

447 S.W.2d 649, 247 Ark. 757, 1969 Ark. LEXIS 1176
CourtSupreme Court of Arkansas
DecidedDecember 8, 1969
Docket5-4990
StatusPublished
Cited by11 cases

This text of 447 S.W.2d 649 (Arkansas State Highway Commission v. McAlister) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arkansas State Highway Commission v. McAlister, 447 S.W.2d 649, 247 Ark. 757, 1969 Ark. LEXIS 1176 (Ark. 1969).

Opinion

John A. Fogleman, Justice.

Appellant asks us to reverse a judgment in an eminent domain proceeding against appellees, asserting that the jury verdict for $6,500 compensation is excessive, because it is not supported' by substantial evidence. We find the evidence sufficient to support the judgment.

Appellant took 14.11 acres of land from a tract of approximately 271 acres owned by appellees near Morrilton. On August 3, 1967, the date of the taking, the tract was bisected by Highway 287, a gravel road. Approximately 160 acres of the property lay north of this highway. The tract taken was a strip 1,875 feet long and varied from 300 to 350 feet in width, severing the portion of the lands south of Highway 287. It was taken for construction of Interstate Highway No. 40, a controlled-access highway. The only access between the residual of approximately 40 acres north of the new right-of-way and about 57 acres south of the highway was a 6 x 6 concrete box culvert. The property lay about one-half mile east of Highway No. 9 and the city limits of Morrilton. It had approximately one-half mile of frontage on Highway 287. It was conceded by one of the state’s expert value witnesses that the use of the south 57 acres was somewhat limited after the highway went through and that the property does not have access along Highway 287 as it did before. He stated that while cattle could use the 6x6 culvert, it would not be practical to get machinery or vehicles through it. None of the value witnesses considered that the tract remaining north of Highway 287 was damaged. All of them considered that the tract south of that highway was damaged. They only differed as to land values before and after the taking.

Arletha Manley was the only one of the landowners called to testify. The property belonged to her, her mother and her brothers and sisters. She is a teacher in the Conway Public School System. Her family has owned the property as long as she can remember. Her mother, Theola McAlister, lives on the property. The family was using the property for growing corn, peanuts, potatoes, hay and as pasture. About 200 acres of the land, according to her, were devoted to pasture. She stated that there was a pond in the area that was taken which had constituted a watering place for their cattle. The cattle had been kept on the north side of Highway 287 in the daytime and on the south side at night. She testified that her mother milked five or six cows daily. She calculated that about 2% acres were required to support one cow on this property. She estimated the hay cut from the property each year at 400 to 500 bales. This witness stated that, in her opinion, the fair market value of the property on the date of the taking was $300 an acre. She did not state the value of the remaining property after the taking.

In an attempt to sustain its burden to demonstrate that this landowner’s opinion as to value was without substantial basis, appellant’s attorney only asked her whether she was familiar with any sales of land in this area around the farm, and whether she knew of any sales of farmland for $300 an acre. Her answer to the first inquiry was in the affirmative and to ¡the second in the negative. Her value testimony was not based upon comparable sales. Even if it bad been, the mere fact that she did not know of any sales of farmland at $300 an acre would not have demonstrated that she had no reasonable basis for her opinion. So, her testimony, at least as to the value of the lands taken must be considered as substantial evidence. See Arkansas State Highway Commission v. Russell, 240 Ark. 21, 398 S. W. 2d 201.

Since the testimony of the landowner could support a verdict only slightly in excess of $4,200, the result in this ease depends upon whether the testimony of Lloyd Pearce, the only other witness for appellees, constituted substantial evidence. We find that it did.

Mr. Pearce is a real estate broker, consultant, and appraiser. The qualifications as a real estate appraiser he stated were unquestionably such as to require consideration of his testimony, if it was properly supported. He stated that before he made his appraisal he ascertained local conditions, checked on the location of utilities as they applied to the property, and ascertained economic features of the area. He also studied the Arkansas River Valley Study, the effects of navigation on the area surrounding the Arkansas River, and a number of sales of property throughout the county. He made a physical inspection of the property and its improvements. In making his appraisal, as elements that affected property values, he considered that lands in the area are closely and tightly held and that there has been an upward increase in land values in the particular area of this tract in the past five years. Among the factors he considered in appraising this property were the growth of the city of Morrilton, the roads serving the property, the surrounding neighborhood and community, the highest and best use for the land, supply and demand for lands in the area, physical improvements on the property and sales of other lands in the area.

Pearce found a six-room residence, barn and two storage sheds located on the part of the land south of Highway 287. Electricity was available. He stated that the highest and best use of the property was ‘ ‘. . . cattle raising, and with some potential for future urban development. It is in the line of the development of the City of Morrilton. There was an area along the road for homesites — rural homesites. As I say, the highest and best use is one of agricultural nature, with some potential for future development.” He investigated approximately 70 sales in the county, and said that he considered 12 in relation to the property.

One basis of appellant’s attack on the testimony of this witness is that the sales which he relied upon in ■arriving at his valuation figures were not of lands comparable to the McAlister property. Pearce placed a value of $250 per acre on the McAlister tract before the taking and a damage of $6,450, by reason of decrease of value attributable to the taking. On direct examination, he did not describe any of the sales relied upon by him. He detailed two on cross-examination.

One of the sales to which he referred was by one McAlister to Interstate Manufacturing Company in August, 1963. This was a 40-acre tract one mile west of the subject property and one-half mile north of the Morrilton city limits. It sold for $250 an acre in August of 1963 for future development. Access to that property was via the “Poor Farm Road.” He described the tract as fronting on a trail, 20 feet in width, maintained by the county, but not a dedicated road. The other sale about which he testified was from Oates to Stobaugh on March 1, 1966. That tract was 1% miles south of the subject property. It had frontage on a gravel road. It was closer to the city limits than the subject property. It contained about 40 acres, one-half of which was wooded and lay on a steep ridge. Pearce stated that this property could be expected to develop for urban use.

When further asked to give another sale he felt comparable, the witness said, “There is another sale — ” when he was interrupted by the cross-examiner. Later, on cross-examination, the following took place:

“Q. Mr. Pearce, I would still like for you to give another sale of this type of land at $250.00 an acre.
A.

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Cite This Page — Counsel Stack

Bluebook (online)
447 S.W.2d 649, 247 Ark. 757, 1969 Ark. LEXIS 1176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arkansas-state-highway-commission-v-mcalister-ark-1969.