Jury sets compensation for Safari lands condemned by SWEPCO

Tuesday, October 22, 2013

— A jury found Friday that the owners of the Wild Wilderness Drive-Through Safari should receive $87,539 for a portion of their land condemned by a utility company.

Southwest Electric Power Company condemned a tract of the Gentry safari so it could place high-voltage lines across it.

The two-day trial concerned the amount of money the safari owners would receive for the property and the damage to the remaining land.

Thomas Rife, a Bentonville appraiser, testifi ed Thursday he was hired by Leon Wilmoth, oneof the owners of the safari, to appraise the safari. Rife of Bentonville testified via video from Washington.

Rife said the 462 acre safari was divided into four tracts to keep certain animals separate. Rife appraised the value of the safari at $1.62 million before the condemnation. He appraised the land at $3,500 per acre.

He appraised the property at $1.58 million after the condemnation.

SWEPCO took over nine acres for its easement, and Rife said the remaining 104 acres were damaged because they could no longer be used by the park.

Rife estimated the cost of the nine acres and the severance damage at $399,000.

Tom Reed, a Fayetteville appraiser, testified he valued the safari at $880,000 before condemnation. Reed said the property is worth $2,300 per acre. He was hired by SWEPCO to appraise the safari.

Reed told jurors the safari is valued at $843,000 after the condemnation. Reed’s appraisal had the total damage from the taking at $37,000, which included the cost of the nine acres and $14,000 in severance damages.

Reed disagreed with Rife’s opinion the remaining acres of tract four had no value.

Rife said again Friday damages were $399,000 since safari owners could no longer use the remaining portion of the land to hold animals.

Bill Greenhaw, the attorney for SWEPCO, told jurors in his opening statements the safari owners were entitled to just and fair compensation for their property.

“This is not the lottery,” Greenhaw said. “This is not a Powerball.”

Wayne Ackerman, representing the Wilmoth family, said he agreed with Greenhaw, saying the case wasn’t a lottery.

“The Wilmoth family didn’t have an option,” Ackerman said. “It wasn’t them that decided that a power company would put a power line over their property.”

Ackerman told the jury the land had been owned by the Wilmoth family for more than 40 years.

Greenhaw told the jurors in hisclosing statements just compensation for the condemnation was $37,000.

Jurors deliberated for more than an hour before returning with the verdict.

The verdict didn’t have to be unanimous, but at least nine jurors did have to vote in favor of the verdict.

One juror told the judge the panel voted 9 to 3 in favor of the $87,539 verdict.

“We appreciate the jury’s careful consideration in deciding the amount to be awarded for compensation for the easement,” Peter Main, a spokesman for SWEPCO, said. “We will now work with the safari to complete the installation of the three poles in the easement.”

News, Pages 1 on 10/23/2013