Carroll W. Smith and Lorene R. Smith v. Arkansas Midstream Gas Services Corp.

Summary

The court affirmed the circuit court's determination that the pipeline company could use eminent domain to obtain a right-of-way across the Smiths' land. It held that the statutory delegation was constitutional as applied because the pipeline operated as a common carrier and the public had an equal right to use it, rejected the facial challenge, and concluded that the Smiths lacked standing to assert vagueness as to their own conduct. The court did not reach whether the separate eminent-domain statute independently applied.