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Arkansas State Highway Commission v. Schell

Court of Appeals of Arkansas
683 S.W.2d 618 (Ark. App. 1985)


The Arkansas State Highway Commission (Commission) (defendant) took a portion of Harold and Bertha Schell’s (plaintiffs) land by eminent domain. The Schells brought suit to obtain just compensation. At trial, the Commission called Neil Palmer, a real estate appraiser, as an expert witness. He testified as to the amount he thought would be fair value of the Schell’s land subject to the taking. Palmer also testified that severance damages for the Schells were improper. The Commission attempted to ask Palmer to explain how he came to his conclusion on severance damages, but the trial court sustained the Schells’ objection, permitting Palmer to state only that he talked to individuals he considers experts in forming his opinion. The trial court did not permit Palmer to testify to the extent of his research on the issue, the specific individuals he talked to, or what, specifically, those individuals said. The trial court ruled in favor of the Schells. The Commission appealed.

Rule of Law


Holding and Reasoning (Corbin, J.)

Concurrence (Mayfield, J.)

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