{
  "id": 8718358,
  "name": "Rinke v. Union Special School District No. 19",
  "name_abbreviation": "Rinke v. Union Special School District No. 19",
  "decision_date": "1927-05-16",
  "docket_number": "",
  "first_page": "59",
  "last_page": "61",
  "citations": [
    {
      "type": "official",
      "cite": "174 Ark. 59"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "147 S. W. 440",
      "category": "reporters:state_regional",
      "reporter": "S.W.",
      "opinion_index": 0
    },
    {
      "cite": "103 Ark. 405",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1351974
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/103/0405-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 242,
    "char_count": 3370,
    "ocr_confidence": 0.505,
    "pagerank": {
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    "sha256": "01c4004fa79e53c128eb98e8e4b7fee6b48ee951193f7d6d96f1ad7313acbea4",
    "simhash": "1:441144fa6e04a67a",
    "word_count": 592
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  "last_updated": "2023-07-14T21:46:30.257148+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Rinke v. Union Special School District No. 19."
    ],
    "opinions": [
      {
        "text": "Kirby, J.\nThis is a proceeding on the part.of the Union Special School District No. 19 to condemn four acres of land of appellant for an additional site and grounds for conduct of its school, at the time located on an qcre and a quarter of land, which was inadequate for the purpose.\nThe court required $250 deposited in its registry for the payment of damages to be assessed. Judgment was rendered in favor of the owners of the land, fixing compensation at $400, from which, this appeal is prosecuted.\nMany witnesses testified, and there was a wide range of opinions as to the value of the land taken, varying from $50 to $400 an acre.\nNo proper exceptions were saved and carried into the motion for a new trial, although objection was made to the introduction of some and the exclusion of other testimony.\nAppellants insist that the court erred in its instructions to the jury, seeming to complain of that paragraph of the instructions telling the jury \u201cthe amount of money that the school board ought to pay would be the fair cash maiket value of the land at the time of the taking;\u201d * * * \u201cthe market value is what the land would be reasonably worth on the market for a cash price, allowing a reasonable time within which to effect a sale.\u201d\nThe Constitution provides that private property shall not be taken for public use \u201cwithout just compensation therefor,\u201d (art. '2, \u00a7 22, Constitution) nor \u201cappropriated to the use of any corporation until full compensation therefor shall be first made to the owner, in money, or first secured to him by a deposit of money.\u201d Art. 12, \u00a7 9, Constitution.\nThe law provides the procedure for the assessment of damages or fixing the compensation for the land taken, and .just compensation is held, by a long line of our decisions, to be the actual market value of the land at the time of the institution of the condemnation proceedings, and, since the. compensation was to be paid in money, no error was committed in the court\u2019s telling the jury that the amount of money the school board ought to pay would be the fair cash market value at the time of the taking, stating it to be what the land would be reasonably worth on the market for a cash price, allowing reasonable time within which to effect the sale.\nThe court further instructed the jury, giving the rule announced in Ft. Smith & Van Buren Dist. v. Scott, 103 Ark. 405, 147 S. W. 440, as follows:\n\u201cThe measure of the owner\u2019s compensation for the land condemned is the market value thereof at the time of the taking, for all purposes, comprehending its availability for any use to which it is plainly adapted, as well as the most valuable purpose for which it can be used and will bring most in the market. \u201d\nIt was the province of the jury to determine the reasonable market value of the land, based on the statements of the witnesses testifying thereto, and, although they greatly discounted the opinions of witnesses that appeared unreasonable and extravagant, they fixed the amount of compensation under instructions properly declaring the law, and the verdict cannot be said to be other than just compensation for, or the fair market value of, the land taken.\nWe find no error in the record, and the judgment >is affirmed.",
        "type": "majority",
        "author": "Kirby, J."
      }
    ],
    "attorneys": [
      "Ben F. Reinberger, for appellant.",
      "Miles \u25a0& Taylor, for appellee."
    ],
    "corrections": "",
    "head_matter": "Rinke v. Union Special School District No. 19.\nOpinion delivered May 16, 1927.\nBen F. Reinberger, for appellant.\nMiles \u25a0& Taylor, for appellee."
  },
  "file_name": "0059-01",
  "first_page_order": 77,
  "last_page_order": 79
}