(a) Upon the application of any party in interest and upon due notice to all parties, the court may order that the money deposited in the court, or any part thereof, be paid immediately to the person or persons entitled thereto.
(b) If the compensation finally awarded exceeds the amount of money deposited by twenty percent (20%) or more, the court shall enter judgment against the State of Arkansas and in favor of the party entitled thereto for the amount of the deficiency and shall award the party entitled to judgment its costs, expenses, and reasonable attorney's fees incurred in preparing and conducting the final hearing and adjudication, including without limitation the cost of appraisals and fees for experts.
(c) If the compensation finally awarded is less than the amount of money deposited and paid to the persons entitled thereto, the court shall enter judgment in favor of the State of Arkansas and against the proper parties for the amount of the excess.
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