Carvin vs. Arkansa Power and Light

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Case Study 4 CARVIN vs. ARKANSA POWER AND LIGHT,
14 F.3d 399, 1993 U.S. Court of Appeals for Eighth Circuit
You be the Judge
By: Jenny Wagner
December 23, 2009

Did the easement relieve Arkansas Power and Lights from liability for flooding? Yes, Arkansas Power and Light should not be held liable for damage to property cased by flooding where an easement existed.

In 1923-1947 Arkansas Power and Light (AP&L) constructed several dams on two Arkansas lakes, Hamilton and Catherine. AP & L obtained “flood easements” on property adjoining the lakes. AP&L sold lake side property and kept the easement in force. These flood easements permitted AP&L to “clear of trees, brush, and other obstruction and to submerge by
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Alabama Power Co., 1989).

References

Beatty, J., Samuelson, S. (2009). Introduction to Business Law,, 3rd Edition.
Cengage Advantage Books

Carvin v. Arkansas Power and Light, No. 90-6055, 1991 WL 540481, slip op. at 4-7 (E.D. Ark. Dec. 2, 1991)

Jones v. Scott, 256 Ark. 653, 509 S.W. 2d 831, 833 (1974)

Borders v. Alabama Power Co., 547 So. 2d 446, 447 (Ala.1989).

Ark. Code. Ann. Sec. 15-22-210(1) Arkansas Soil & Water Conservation

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