Summary of Major Eminent Domain Cases & Legislation: January 1, 2023-June 30, 2023

Nossaman LLP



City of Sherwood v. Bearden, 2023 Ark. App. 67 (2023 Ark. App. LEXIS 68)-

Facts: Property owners filed an inverse condemnation action alleging the City had placed rainwater drainage pipes under the street near their property, that the pipes were not sufficient size to handle the rainwater in the area, and that the City’s failure to place properly sized pipes resulted in repeated flooding of their home. The City filed a motion for summary judgment that argued there was no evidence the City was involved in the installation of the pipes, that the inverse claim was barred by the statute of limitations, and that the City was immune from liability under the tort-immunity statute because although labeled inverse condemnation, the suit was really a claim for a tort. The summary judgment motion was denied, and an interlocutory appeal taken. The court of appeal only had jurisdiction to hear the statutory-immunity issue.

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