City of Siloam Springs, Arkansas, Appellant v. La-De, LLC (s/k/a De-La, LLC); Larry Muruaga and Kathy Muruaga…

Summary

The court held that the statutory provision authorizing attorney's fees in certain condemnation proceedings permits fees against the State of Arkansas, but not against a municipality. Because the City proceeded under its own municipal eminent-domain authority rather than the State Highway Commission's authority, it did not assume the Commission's statutory obligation to pay fees, and the fee award was unauthorized. The judgment was reversed and remanded, and the court of appeals' opinion was vacated. Justice Hart, joined by Justice Baker, dissented, concluding that the Commission acted as the City's agent and that the City remained liable for fees incurred during the State-authorized taking.