Articles by Brandon Moffitt

April 6, 2015
Today, Gov. Asa Hutchinson signed HB1908 establishing a Property Owner Bill of Rights which provides protection to property owners facing eminent domain and condemnation in Arkansas.
November 10, 2014
Our office has been taking calls lately about several Arkansas pipeline takings going on across the State. Often people want to know if they have any options to stop the pipeline takings or how much money they should receive as a result of the easement across their property.
July 30, 2014
Eminent Domain is the power of the government (or entities authorized by the government) to take privately owned land for a public purpose. The term "Eminent Domain" refers to the actual governmental "power" to acquire property, while a Condemnation is the legal process by which legal title to the property is acquired. Often the terms are used interchangeably.
July 18, 2014
If you are an Arkansas property owner facing condemnation, you should take action immediately to protect your legal rights. Any delay to contact an experienced eminent domain lawyer could negatively impact your claim.
January 31, 2014
Arkansas Eminent Domain Attorneys Moffitt & Phillips are representing clients affected by the new Entergy transmission line located in Garland and Hot Springs counties. This project is identified with the Arkansas Public Service Commission by Docket Number 13-056-U. Entergy proposes to construct and operate a new, approximately 17-mile, 115 kV transmission line, between the existing Hot Springs Milton Substation and the Carpenter Dam Substation.
August 1, 2013
Eminent Domain lawyer,Michael Phillips, of Moffitt & Phillips attended the public hearings regarding SWEPCO’s proposal to take property from hundreds of people in Northwest Arkansas for a high voltage power line that would run from near Bentonville to the Kings River north of Berryville.
July 5, 2013
Many people faced with the threat of eminent domain find themselves wondering about the amount of just compensation they will ultimately receive for their property. The Fifth Amendment of the United States Constitution and the Arkansas Constitution (Art. 2, Section 22) require the condemning party to pay land owners just compensation when taking land through the power of eminent domain.
June 28, 2013
Southwestern Electric Power Company (SWEPCO) submitted an application to the Arkansas Public Service Commission (APSC) on April 3, 2013 for a new 345 kilovolt transmission line from SWEPCO’s Shipe Road Station in Benton County, Arkansas to the proposed Kings River Station in Carroll County, Arkansas. The application listed six possible routes for the proposed transmission line but SWEPCO hopes to use Route 33.
June 24, 2013
Eminent Domain Lawyers Moffitt & Phillips, PLLC is accepting clients affected by AHTD Job No. 012155 and the widening of Arkansas Hwy. 64 from the Vilonia Bypass, east, to Turner Road in Faulkner and White counties. The improvements will affect numerous landowners will likely result in the taking of private property by the Arkansas State Highway Commission through eminent domain.
May 9, 2013
Moffitt & Phillips is taking clients affected by AHTD Job No. 080164 and the relocation of Hwy. 7 in Dover, Arkansas. The Hwy. 7 improvements will consist of constructing two new lanes, approximately 1.8 miles in length. The improvements will affect landowners of both residential and agricultural tracts and will likely result in the taking of private property by the Arkansas State Highway Commission through eminent domain.
March 26, 2013
Today, there was a significant change in Arkansas eminent domain law when it comes to condemnations by the Arkansas State Highway Commission. House Bill 1282 (now known as Act 502) sought to allow land owners to recover attorneys' fees, costs, and expenses if the landowner recovered more than ten percent (10%) above the Highway Commission's deposit in a condemnation case at trial.
March 6, 2013
Representative Kim Hammer's bill (now Act 290) to curtail the use of Eminent Domain by Property Owners' Improvement Districts has passed the Arkansas House and Senate. Essentially the new eminent domain law removes the ability for property owners' improvement districts to use eminent domain and condemnation to acquire rights-of-way outside of the district's boundaries.
February 21, 2013
In Arkansas, we have seen the explosion of natural gas production and it has had a significant impact on our State. As the demand for an alternative to foreign oil continues to rise, so does the demand for domestic production infrastructure to harvest the country's natural resources. Often the land necessary to construct the new infrastructure will be acquired by eminent domain.
February 15, 2013
Arkansas Eminent Domain Attorneys Moffitt & Phillips are taking clients affected by the Arkansas Hwy. 5 widening from Interstate 30 to the Pulaski County Line. The Arkansas State Highway and Transportation Department (AHTD) has announced a widening project for Arkansas Highway 5 due to continuing growth and increasing congestion for travel between Saline County and Pulaski County.
February 12, 2013
Representative Kim Hammer (R) from Benton, Arkansas filed a bill to curtail the use of Eminent Domain law by Property Owners' Improvement Districts. Essentially the bill removes the ability for the Districts to use eminent domain and condemnation to acquire rights-of-way for the District.
February 11, 2013
Property acquisition is currently ongoing by the Arkansas State Highway Commission in regard to AHTD Job No. 061194, also known as Arkansas Highway 10 (Cantrell Rd.) widening from Mississippi Avenue to Perryville Road.
January 17, 2013
A billed was filed today by Representative Nate Bell,to Amend Arkansas Eminent Domain Law. Essentially, the bill is a property owner protection amendment in response to the US Supreme Court's Kelo decision.
December 13, 2012
I always like to take the opportunity to praise what other eminent domain lawyers across the country are doing to protect property rights. In this case, Owners' Counsel of America member, Joseph Waldo, represented a local business in Virginia that was facing a taking by the Norfolk Redevelopment and Housing Authority for an expansion of the campus of Old Dominion University...
December 12, 2012
On December 11 2012, a Pulaski County jury held that two Arkansas landowners, John and Flo Krug, were entitled to $380,000.00 for the taking of their property by Entergy Arkansas, Inc. in connection with the installation of a high-voltage electric transmission line across their property in northeast Pulaski County, Arkansas.
December 5, 2012
On Tuesday, December 4, 2012 the United States Supreme Court unanimously held that government induced flooding of property was subject to the Takings Clause of the Constitution, even if the flooding was temporary in nature. The case revolved around a claim by the Arkansas Game & Fish Commission for compensation from the U.S. government...
December 5, 2012
On December 4, 2012, a Pulaski County jury unanimously held that two Arkansas landowners, Robert & Lea Nevin, were entitled to $246,000.00 for the taking of their property by Entergy Arkansas, Inc. in connection with the installation of a high-voltage electric transmission line across their property in northeast Pulaski County, Arkansas.
July 10, 2012
On July 10, 2012, Thompson Industries, Inc. entered into a Consent Judgment with the Arkansas State Highway Commission for...
July 5, 2012
On July 5, 2012, Owners’ Counsel of America filed an amicus curiae brief in Arkansas Game & Fish Comm'n v. United States in support of the landowner, Arkansas Game & Fish Commission, urging the U.S. Supreme Court to reverse a decision by the Federal Circuit which held that the federal government’s recurrent flooding did not constitute a compensable taking of private property.
March 12, 2012
A Boone County jury on Wednesday awarded two Arkansas landowners $341,500 for 29.87 acres taken in fee or encumbered by permanent easements which...

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