Ark. St. Hwy. Comm'n v. McNeill
Arkansas Supreme Court
381 S.W.2d 425 (1964)
Relevant factsFree
The Commission (defendant) planned a highway across land adjoining the McNeills' (plaintiffs) property, which was subject to a residential-use-only restrictive covenant; the McNeills sought compensation both because the highway would reduce their property value and because building it would violate the restrictive covenant, and the trial court awarded damages on the covenant-violation theory alone.
IssueFree
Whether, when a state constructs a highway across properties subject to a restrictive use covenant, the state must compensate the owners of adjoining lands for the violation of the covenant.