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J. Fred Jones, Justice, dissenting. In the acquisition of right-of-way for interstate highway purposes, I cannot, in good conscience, bring myself to approve a judgment in damages, to what I consider to be, a mere disturbance of some future cattleman’s dream of a utopian cattle spread.
The money award in this case, was for damage to every acre in a large tract of old fields and timber land because the right-of-way crossed a comer of the tract most suitable and convenient for the elaborate headquarters of a hugh cattle ranching operation, if, and when, anyone owning the land, should have the desire, ambition, know-how and cash assets, to develop the land into such cattle ranch the appellees visualize as possible. I consider the damages entirely speculative, and I would reverse.
Document Info
Docket Number: 5-4586
Citation Numbers: 244 Ark. 1136, 428 S.W.2d 251, 1968 Ark. LEXIS 1469
Judges: Brown, Byrd, Jones, Smith
Filed Date: 6/3/1968
Precedential Status: Precedential
Modified Date: 10/18/2024