(a) In any case in which a declaration of taking has been filed as provided in § 27-67-312, any defendant desiring to raise any question with respect to the validity of the taking shall do so by filing a motion to strike the declaration of taking and dismiss the suit.
(b) The motion shall be made on or before the return day mentioned in the summons or notice of publication, or within twenty (20) days after the filing of the declaration of taking, whichever is later.
(c) Failure to file such motion within the time herein provided shall constitute a waiver of the right of any defendant to challenge the validity of the taking.
Structure Arkansas Code
Subtitle 5 - Highways, Roads, And Streets
Chapter 67 - State Highway System
Subchapter 3 - Acquisition, Condemnation, and Disposition of Property
§ 27-67-301. Authority to acquire property
§ 27-67-302. State highway purposes
§ 27-67-303. Entry for suitability studies
§ 27-67-304. Use of right-of-way
§ 27-67-305. Commission discretion as to quantity of property acquired
§ 27-67-307. Temporary easements
§ 27-67-308. Authority to compensate — Source of revenue
§ 27-67-309. Venue for condemnation actions
§ 27-67-310. Precedence of condemnation proceedings
§ 27-67-311. Condemnation petition — Notice
§ 27-67-312. Declaration of taking
§ 27-67-313. Motion to strike declaration of taking
§ 27-67-315. Title vests upon deposit
§ 27-67-316. Condemnation proceedings and judgment
§ 27-67-318. Hearing on amount of deposit
§ 27-67-319. Appeal not to delay vesting of title
§ 27-67-320. Acquisition when county court fails to grant petition
§ 27-67-321. Sale of surplus highway property
§ 27-67-322. Reacquisition of surplus property by former owner — Definition