FORT SMITH, Ark. -- A church was awarded $80,000 in compensation for flooding caused by drainage construction performed by the state highway department, according to a news report by the Times Record.
The amount fell short of the $148,000 Wayside Chapel sought, but was far greater than the $11,700 the highway department offered to pay.
Jurors in the two-day trial heard testimony that runoff from the construction caused significant erosion in the area. The Rev. Ben Kulp testified the church's worship center, built in 1998, was greatly devalued by the drainage changes because increased water flow cut off a portion of the church's property.
He said the church intended to use the affected area to construct a parking lot for future growth, the newspaper reported. The highway department maintained intangibles such as growth cannot be quantified, and should not be considered when figuring compensation.
The church currently lists about 20 members.
The jury deliberated about 45 minutes before deciding on the amount to award the church. Both parties agreed not to appeal, the newspaper reported.
Kulp said the award showed that jurors agreed the church had been treated unfairly by the state.
"If a private individual had done this, they'd be put out of business," he said
