Arkansas State Highway Commission v. Taylor

602 S.W.2d 657, 269 Ark. 458, 1980 Ark. LEXIS 1550
CourtSupreme Court of Arkansas
DecidedJuly 7, 1980
Docket80-44
StatusPublished
Cited by5 cases

This text of 602 S.W.2d 657 (Arkansas State Highway Commission v. Taylor) 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. Taylor, 602 S.W.2d 657, 269 Ark. 458, 1980 Ark. LEXIS 1550 (Ark. 1980).

Opinion

John A. Fogleman, Chief Justice.

This is the third appeal in this eminent domain case which was filed in the circuit court on April 28, 1972. On June 3, 1974, we reversed a judgment in favor of the landowner for $110,000 on the ground that an abstracter of titles, who did not qualify as an expert on land values, was permitted to testify as to trends in real estates values in an industrial park area and to state an opinion as to the minimum market value of industrial property in the area, but the land bringing that price was not shown to be comparable to the Taylor land. See Arkansas State Highway Com’n. v. Taylor, 256 Ark. 681, 509 S.W. 2d 817. On October 25, 1976, we affirmed the order of the circuit court granting the landowner’s motion for new trial and setting aside a verdict of $56,000 in favor of the landowner, because of an irregularity in the proceedings with reference to jury selection. Arkansas State Highway Com’n. v. Taylor, 260 Ark. 524, 542 S.W. 2d 498. The judgment from which this appeal was taken awarded the Taylors $175,000 based on a jury verdict for that amount rendered on October 3, 1979. We will not set out the facts as to the taking with particularity because they are stated in the opinion on first appeal. Appellant asserts the following points for reversal:

I
THE COURT ERRED IN PERMITTING THE TESTIMONY OF JOE TAYLOR, JR., TO GO TO THE JURY.
II
THERE IS NO SUBSTANTIAL EVIDENCE TO SUPPORT THE SEVERE SEVERANCE DAMAGE PLACED ON THE REMAINING LANDS BY APPELLEE AND HIS WITNESSES.
III
THE COURT ERRED IN PERMITTING TESTIMONY BY THE LANDOWNER OF COSTS EXPENDED IN DEVELOPMENT OF PROPERTY IN LITIGATION.
IV
THE VERDICT OF THE JURY IS EXCESSIVE.
V
THE COURT ERRED IN RULING THAT APPELLANT’S DEPOSIT OF ESTIMATED COMPENSATION WAS A MATTER TO BE CONSIDERED BY THE JURY.

I

Joe Taylor, Jr., the landowner, testified that the fair market value of his 395-acre tract at the time of the taking was $2,200 per acre. Appellant contends that Taylor based this valuation solely on a sale he had made of a one-acre tract to a public utility about one year prior to the taking. On direct examination of Taylor, his attorney asked him on what he based the value of $2,200 per acre, and Taylor replied, “I base that value on a tract of land that I had sold to a company for $3,000 an acre.” When asked if that acre was really comparable, Taylor said that it was not, but that it was the only property sold from the land in the last 40 years. When asked about comparable sales on cross-examination, Taylor said that he did not know of any other sales in the area of lands comparable to his and that he was “more or less relying” on this one-acre sale “because it actually happened.”

Joe Taylor, Jr., had liyed in Searcy since 1933. He now lives on the land from which the right-of-way was taken. It was outside the city limits at the time of taking. Taylor had bought the land from his father in 1953. His father had owned the land for approximately 12 years. The witness said that he had used the land for agricultural purposes, raising soybeans, milo and -cattle, but it was separated from the industrial district of Searcy, which was rapidly growing in the direction of Taylor’s land, only by a 40-acre tract. He described the topography of the land and its drainage and discussed the availability of utilities prior to the taking. He testified that he was generally familiar with the value of lands surrounding, or in the area of, his farm and had been in April, 1972, when the right-of-way was taken. He said that the total value of his property had been $869,000 at the time of the taking, but only $612,800 thereafter, making the total damage by reason of the taking $256,200.

Taylor certainly exhibited an intimate familiarity with his property. We have said that landowner who has an intimate acquaintance with his property may give value testimony, even though he had no knowledge of other property values, and that we view his testimony on appeal to see if it has any substantial basis. Arkansas Louisiana Gas Co. v. Verser, 251 Ark. 764, 475 S.W. 2d 148. Our review of the landowner’s testimony is to determine whether there is a satisfactory explanation given for the conclusion reached. Arkansas State Highway Com’n. v. Watson, 248 Ark. 422, 451 S.W. 2d 741. This situation bears a great deal of similarity to that we considered in Arkansas State Highway Com’n. v. Duff, 246 Ark. 922, 440 S.W. 2d 563, where we found the landowner’s testimony to be substantial on the basis of his demonstrated familiarity with the land. See also, Arkansas State Highway Com’n. v. Fowler, 240 Ark. 595, 401 S.W. 2d 1, where we said that it was not necessary to show that the landowner was acquainted with the market value of the property, or that he was an expert on values, but that the weight to be given his testimony would be affected by his knowledge of the value. The landowner’s opinion is admissible simply because he owns the land and is qualified to state an opinion as to the value of what he owns and it is to be stricken only if it is demonstrated that there is no fair or logical basis of support for it and not if the basis is only weak or questionable. Arkansas State Highway Com’n. v. Jones, 256 Ark. 40, 505 S.W. 2d 210.

The mere fact that the landowner did not know of any sales of land at the value he placed upon his property would not demonstrate that he had no reasonable basis for his opinion. Arkansas State Highway Com’n. v. McAlister, 247 Ark. 757, 447 S.W. 2d 649. In view of the landowner’s intimate familiarity with the land in every particular, we find no error in the admission of his testimony. See Arkansas State Highway Com’n. v. Shields, 249 Ark. 710, 460 S.W. 2d 746; Arkansas State Highway Com’n. v. Price, 258 Ark. 606, 527 S.W. 2d 907.

II

Appellant argues that the severance damages about which appellees’ witnesses testified are without substantial support because subsequent sales of tracts from one of the residual tracts, which contained 153 acres and lay on the east side of the new highway, for prices up to $6,000 per acre removes whatever substantiality their opinions had. C. V. Barnes, who qualified as a real estate appraiser, fixed that damage at $500 per acre. Barnes said that the fact that the property was separated into two smaller residuals, without access from either to the highway, had an effect on their value. He pointed out that there had been a loss of 328 feet of highway frontage and of the corner at the intersection of Benton Street, which was shown on the master street plan of Searcy as a principal north-south collector street, and Highway 320, a principal east-west thoroughfare. According to him, the triangular shapes of the two tracts made them less desirable for development. He said that the property was not as flexible or adaptable for use as it had been. It was his opinion that the quarter-mile depth of the 153-acre tract, lying east of the highway was less desirable than the original one-mile depth of the tract.

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Bluebook (online)
602 S.W.2d 657, 269 Ark. 458, 1980 Ark. LEXIS 1550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arkansas-state-highway-commission-v-taylor-ark-1980.