ARKANSAS SUPREME COURT RULES OWNERS IN SUBDIVISION RESTRICTED TO RESIDENTIAL USE NOT ENTITLED TO DAMAGES WHEN RESTRICTION IS VIOLATED

THE STATE HIGHWAY COMMISSION ACQUIRED A TRACT WITHIN A RESIDENTIAL SUBDIVISION THAT COMPRISED 11 LOTS THAT ABUTTED THE COMPLAINANT'S PROPERTY, BUT NONE OF THEIR LAND WAS TAKEN. THE COMPLAINANTS BROUGHT ACTION TO ENJOIN THE STATE HIGHWAY COMMISSION FROM CONSTRUCTING A CLOVERLEAF INTERCHANGE UPON A HIGHWAY NEAR THEIR HOME UNLESS THE COMMISSION FIRST FILED A BOND TO SECURE ANY DAMAGES THAT THEY MIGHT SUFFER AS A RESULT OF THE CONSTRUCTION. THE OWNERS CLAIMED DAMAGES ON TWO SEPARATE GROUNDS: (1) THE VALUE OF THEIR PROPERTY WOULD BE REDUCED BY THE PRESENCE OF THE HIGHWAY, WITH ITS ATTENDANT NOISE, DUST, FUMES, GLARING LIGHTS, AND VIBRATION, AND (2) THE VALUE OF THEIR PROPERTY WOULD BE REDUCED BY THE HIGHWAY COMMISSION'S VIOLATION OF THE RESIDENTIAL RESTRICTION CONTAINED IN THE DEEDS. THE TRIAL COURT DENIED COMPENSATION AND THE OWNERS APPEALED ON THE SECOND GROUND. THE APPELLATE COURT RULED THAT THE FACT THAT THE PROPOSED INTERCHANGE WOULD VIOLATE THE RESTRICTIVE COVENANT DID NOT ENTITLE THE OWNERS TO ANY COMPENSATION BECAUSE THE REDUCTION IN THE VALUE OF THEIR PROPERTY WAS ATTRIBUTABLE NOT TO THE BREACH OF THE RESTRICTION, BUT RATHER TO THE FACT THAT A HIGHWAY WAS ABOUT TO PASS THROUGH A RESIDENTIAL DISTRICT. SINCE IT WAS NOT THE BREACH OF THE COVENANT ALONE THAT WAS CAUSING THE DAMAGE, THE COMPLAINANTS WERE NOT ENTITLED TO RECOVER.

  • Supplemental Notes:
    • No 1, pp 1-2
  • Publication Date: 1965-3

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Filing Info

  • Accession Number: 00238790
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Aug 3 1970 12:00AM