Opinion

Coffelt v. Arkansas State Highway Commission

289 Ark. 348
712 S.W.2d 283
1986 Ark. LEXIS 1985

Court: Supreme Court of Arkansas
Filed: Jun 30, 1986
Status: Published
Author: Purtle
On the bench: Dudley, Hays, Hickman, Purtle, Smith
Cited by: 6 cases

The opinion

John I. Purtle, Justice, dissenting. Article 2, Section 22 of the Constitution states:

The right of property is before and higher than any constitutional sanction; and private property shall not be taken, appropriated or damaged for public use, without just compensation therefor.

Therefore, neither Rule 9 (d) nor the Highway Department are before and higher than our Constitution.

I would reverse and remand.

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