BENTONVILLE — A jury awarded almost $1 million to the owners of Wild Wilderness Drive-Through Safari for property taken in connection with a condemnation lawsuit involving a utility company.
Jurors heard closing arguments Friday morning in the safari’s case involving Southwest Electric Power. The panel deliberated and returned with a verdict the utility company should pay $916,745.
SWEPCO condemned a 9-acre tract of the Gentry safari so it could place high-voltage lines across it. The company obtained nine acres from the safari for the project.
The case didn’t concern the taking of the land but involved the value of the land and impact and damage to the remaining property.
Both sides called appraisers to testify as witnesses during the trial.
“It was a fair verdict,” said Sandy McMath, the attorney for owners of the safari. “We felt that the evidence was with us.”
McMath said $916,745 was the amount the lawsuit requested that the jury approve. The amount covers the value of the land taken; the assessed damage of the remaining property; and the cost of building new fencing and veterinary structures to care for the animals, according to McMath.
McMath said his clients were pleased with the jury’s verdict. The Safari Real Estate owns the property, which is managed by Leon Wilmoth.
It’s the second time a jury has decided the case. Circuit Judge Brad Karren presided over both trials.
The first jury awarded the safari owners $87,539 in the condemnation case.
The Arkansas Court of Appeals remanded the case in March 2015 for a retrial. The attorneys have spent the last few days trying the case.
McMath expects the utility company to appeal the verdict, which means the case will be reviewed again by a higher court.
“We will be reviewing the verdict and determining our next step,” said Peter Main, a spokesman for the utility.
McMath said they stressed during the trial the safari is a nurturing environment and sanctuary habitat for some of the most vulnerable animals. McMath said the project was a huge intrusion for his clients who have full-time jobs elsewhere but devote their spare time to caring for the animals.
There are more than 85 animal species kept and cared for at the safari, McMath said.
Tracy M. Neal can be reached by email at [email protected] or Twitter @NWATracy.