Southwest Arkansas Utilities Corp. (a.k.a. SWEPCO) vs. Anthony T. DePalma

SWEPCO substation and 161 kV transmission lines
SWEPCO substation (left) and 161 kV transmission lines (right)

In 1994/95, Southwestern Electric Power Company (SWEPCO) put up 161 kV transmission lines along Highway 265 between The Cliffs Apartments and Fayetteville Fire Station No. 5. A substation was also constructed. In the process, SWEPCO acquired (through condemnation proceedings) easements, rights-of-way and 0.61 acres of property belonging to Dr. Anthony T. DePalma. Both parties were unable to agree upon just compensation for the taking and eventually the matter ended up in court. After considering the evidence, a jury awarded $133,636 to Dr. DePalma -- $91,576 more than SWEPCO had originally offered. The case was not appealed.

Prior to the trial, SWEPCO submitted a "Response to Request for Admissions" to the Court. In this document, Floyd Hornaday (under oath and acting on behalf of the electric utility) denied that the overhead powerlines and substation reduced the value of Dr. DePalma's property adjacent to where the powerlines and substation were located.

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