Jury Awards $246,000 to Landowners in Eminent Domain Taking by Entergy Arkansas

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. 

In November 2011, Entergy filed a condemnation lawsuit and took 1.41 acres of the Nevins’ property located at the intersection of Highway 89 and Highway 5, just outside Cabot, Arkansas. Entergy had initially offered the landowners only $14,478.75 in just compensation for the taking of the permanent easement. The landowners disputed the amount of just compensation asserted by Entergy and retained Arkansas eminent domain lawyers, Michael B. Phillips and Brandon Moffitt, to represent them in the case.

At trial, Moffitt & Phillips, asked the jury to return a verdict of $246,000.00 as just compensation for the 1.41 acre taking based on an appraisal by Mr. Tom Ferstl of Little Rock, Arkansas. Entergy had based its valuation on an appraisal conducted by Lawrence Dupree of Jacksonville, Arkansas.

The jury deliberated just under an hour and returned to the courtroom with a unanimous verdict in favor of the landowners. “We are pleased with the outcome of the trial this evening and the fact that our clients have finally received just compensation for the taking of their property” said Brandon Moffitt.  He also noted that “today’s trial should be an example to other property owners that there is an opportunity to challenge a condemnor’s determination of just compensation and ultimately obtain the compensation owed under the Constitution.” The recovery for the landowners was seventeen (17) times Entergy's initial offer.

Michael B. Phillips and Brandon Moffitt are members of Moffitt & Phillips, PLLC, a law firm based in Little Rock, Arkansas, which provides representation to property owners across the state in condemnation and eminent domain litigation.

 

DISCLAIMER: ANY INFORMATION CONTAINED WITHIN THIS ARTICLE IS FOR GENERAL INFORMATION PURPOSES ONLY. THE CONTENT OF THIS ARTICLE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. THE PUBLISHING OF THIS ARTICLE DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP BETWEEN ANY INDIVIDUAL AND MOFFITT & PHILLIPS, PLLC. ANY INDIVIDUAL REVIEWING THE CONTENT OF THIS ARTICLE SHOULD SEEK THE SERVICES OF A QUALIFIED ATTORNEY TO EVALUATE ANY ARKANSAS EMINENT DOMAIN MATTER, ARKANSAS CONDEMNATION MATTER, OR ANY OTHER LEGAL MATTER. PLEASE NOTE THAT PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. MOFFITT & PHILLIPS, PLLC IS LOCATED IN LITTLE ROCK, ARKANSAS AND HAS ATTORNEYS LICENSED TO PRACTICE IN THE STATES OF ARKANSAS AND TENNESSEE. MOFFITT & PHILLIPS, PLLC © 2012
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