{
  "id": 6141820,
  "name": "William RILEY, Ed GIBSON and Travis GIBSON v. DREW COUNTY, Arkansas",
  "name_abbreviation": "Riley v. Drew County",
  "decision_date": "1982-11-03",
  "docket_number": "CA 82-89",
  "first_page": "293",
  "last_page": "294",
  "citations": [
    {
      "type": "official",
      "cite": "6 Ark. App. 293"
    },
    {
      "type": "parallel",
      "cite": "641 S.W.2d 38"
    }
  ],
  "court": {
    "name_abbreviation": "Ark. Ct. App.",
    "id": 13370,
    "name": "Arkansas Court of Appeals"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "223 Ark. 525",
      "category": "reporters:state",
      "reporter": "Ark.",
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      "weight": 2,
      "year": 1954,
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    {
      "cite": "230 Ark. 287",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1700150
      ],
      "weight": 2,
      "year": 1959,
      "opinion_index": 0,
      "case_paths": [
        "/ark/230/0287-01"
      ]
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  "last_updated": "2023-07-14T16:52:26.378972+00:00",
  "provenance": {
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    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "William RILEY, Ed GIBSON and Travis GIBSON v. DREW COUNTY, Arkansas"
    ],
    "opinions": [
      {
        "text": "Lawson Cloninger, Judge.\nIn this eminent domain proceeding the Drew County Court acquired a portion of appellants\u2019 lands for the widening and paving of an existing gravel highway designated as State Highway 277. The appellants, William Riley, Ed Gibson and Travis Gibson, filed a claim in Drew County Court seeking to have Drew County move and replace appellants\u2019 fences along the right-of-way. The Drew County Court denied the claims, and on appeal to the circuit court, a jury returned a verdict denying the claims of appellants.\nThe question asked by appellants on this appeal is this: \u201cIs the county liable for the replacement of fences taken in an eminent domain proceeding or does enhanced value cover that also?\u201d\nEvidence was presented which indicates that appellants do not want to sell their land and are unable to build new fences for the control of their livestock. However, there was substantial evidence introduced from which the jury could find that the enhanced value of appellants\u2019 land amounted to considerably more than the value of the land taken plus the cost of erecting new fences.\nWhere there is a partial taking of a landowner\u2019s property, as is the case here, the rule is that the measure of damages is the difference between the value of the whole land before the appropriation and the value of the portion remaining after the appropriation. Arkansas State Highway Commission v. Fox, 230 Ark. 287, 322 S.W.2d 81 (1959). In Cullum v. Van Buren County, 223 Ark. 525, 267 S.W.2d 14 (1954), the Arkansas Supreme Court held that even though a landowner\u2019s fence, trees and well were destroyed by the construction of a road, the property owner had received just compensation by virtue of the benefits that his property derived from the establishment of a new road. The concept of enhancement was recognized in that case, and the landowner was disallowed any damages. In the case before the court, the jury considered all the evidence regarding appellants\u2019 damages and the enhancement value of the remaining property, and we must conclude that the evidence was sufficient to support the verdict.\nAffirmed.",
        "type": "majority",
        "author": "Lawson Cloninger, Judge."
      }
    ],
    "attorneys": [
      "James W. Haddock, for appellants.",
      "James A. Ross, Jr., County Atty., for appellee."
    ],
    "corrections": "",
    "head_matter": "William RILEY, Ed GIBSON and Travis GIBSON v. DREW COUNTY, Arkansas\nCA 82-89\n641 S.W.2d 38\nCourt of Appeals of Arkansas\nOpinion delivered November 3, 1982\nJames W. Haddock, for appellants.\nJames A. Ross, Jr., County Atty., for appellee."
  },
  "file_name": "0293-01",
  "first_page_order": 321,
  "last_page_order": 322
}