Arkansas Code
Subtitle 2 - Real Property
Chapter 15 - Eminent Domain

§ 18-15-201. Power to condemn for parks, boulevards, and public buildings — Improvement districts - (a) (1) The right of eminent domain is granted to...

§ 18-15-202. Counties — Power to condemn for water and sewer facilities - (a) (1) In addition to the purposes for which counties...

Subchapter 3 - Municipal Corporations Generally

§ 18-15-301. Municipal corporations — Power to condemn generally — Definitions - (a) The right and power of eminent domain is conferred...

§ 18-15-302. Municipal corporations — Power to condemn — Compensation for condemnation — Taking cemetery land - (a) There shall be included in the award of compensation...

§ 18-15-303. Municipal corporations — Power to condemn — Proceedings — Controversy - (a) (1) When it shall be deemed necessary by any...

§ 18-15-304. Hearing - (a) If it appears to the court or judge that...

§ 18-15-305. Payment of assessment — Disputes - (a) The assessment shall be made on each lot or...

§ 18-15-306. Verdict by jury - (a) The jury shall be sworn to make the whole...

§ 18-15-307. Compensation for and possession of property - (a) As soon as the amount of compensation that may...

§ 18-15-308. Amount of award - (a) In the event of the condemnation by a competent...

§ 18-15-309. Flood control improvements - (a) In addition to the purposes for which municipalities are...

Subchapter 4 - Municipal Corporations — Waterworks Systems

§ 18-15-401. Right to acquire property - (a) A municipality operating a waterworks system under the provisions...

§ 18-15-402. Authority to enter property — Liability - For the purpose of making investigations, surveys, tests, and measurements,...

§ 18-15-403. Preliminary proceedings for condemnation - (a) (1) When the operating authority determines to condemn property,...

§ 18-15-404. Assessment and payment of damages - (a) At the trial of the cause, a jury shall...

§ 18-15-405. Power, oil, and gas lines, etc - If any power, oil, or gas line or other public...

§ 18-15-406. Water pipelines and appurtenances - Water pipelines, with appurtenances, may be constructed and maintained: (1)...

§ 18-15-407. State or county roads - (a) If any portion of a state or county road...

§ 18-15-408. Cemeteries and graves - (a) (1) An operating authority of a municipal waterworks system...

§ 18-15-409. Controversy - (a) (1) When the determination of questions in controversy in...

§ 18-15-410. Rights of property owner upon entry by municipality - (a) If a municipality shall enter upon property which it...

Subchapter 5 - Electric Companies Generally

§ 18-15-501. Right-of-way construed - The right-of-way provided for under this section and §§ 18-15-502...

§ 18-15-502. Exception - No action to condemn the right-of-way over, upon, or along...

§ 18-15-503. Powers - (a) (1) (A) An electric utility organized or domesticated under...

§ 18-15-504. Petition for assessment of damages - (a) If an electric utility, having surveyed and located its...

§ 18-15-505. Appointment of guardian ad litem - In case of infants or persons of unsound mind, when...

§ 18-15-506. Trial by jury - It shall be the duty of the court to impanel...

§ 18-15-507. Damages - (a) (1) The amount of damages to be paid the...

§ 18-15-508. Deposit in case of controversy - (a) When the determination of questions in controversy in the...

§ 18-15-509. Destruction or injury to company property - A person who destroys or injures the wire, cable, pole,...

§ 18-15-510. Construction of hydroelectric dams — Rights-of-way for railroad in connection with use or construction of dam - (a) Every company authorized to construct hydroelectric dams in the...

§ 18-15-511. Declaration of public interest - The business of generating electricity, transmitting electricity, distributing electricity, or...

§ 18-15-512. Definition of “electric utility” - (a) (1) As used in this subchapter, “electric utility” means...

Subchapter 6 - Municipal Corporations — Water and Water-Generated Electric Companies

§ 18-15-601. Power of eminent domain - (a) All municipal corporations in this state and all corporations,...

§ 18-15-602. Right to draw, control, etc., water - (a) When a corporation in the construction of its waterworks,...

§ 18-15-603. Survey and map required - Whenever a corporation proposes to construct or extend the work...

§ 18-15-604. Petition - (a) (1) The municipal corporation or other corporation so intending...

§ 18-15-605. Damages — Deposits - (a) The further proceedings in the matter of assessment of...

§ 18-15-606. Appeals - Appeals may be taken by any party interested from the...

§ 18-15-607. Tapping of mains and supply pipes, nuisance, and pollution prohibited - A person shall be guilty of a violation and fined...

Subchapter 7 - Dams, Mills, Etc.

§ 18-15-701. Findings no bar to prosecution or action under other law — Exception - The inquest of the jury or the order and permission...

§ 18-15-702. Penalty - Any person who shall build or raise any dam or...

§ 18-15-703. Nuisance - All dams, stoppages, or obstructions not made according to law...

§ 18-15-704. Erection of certain dams permitted - By proceeding as provided in this subchapter, any person may...

§ 18-15-705. Petition required - (a) If a dam is proposed to be erected pursuant...

§ 18-15-706. Issuance of writ — Inquiry by jury - (a) (1) On filing the petition, it shall be the...

§ 18-15-707. Summons - (a) Upon the return of the inquest, the court shall...

§ 18-15-708. Refusal of permit - If upon a view of the inquest returned by the...

§ 18-15-709. Order - (a) If upon view it shall appear to the court...

§ 18-15-710. Rebuilding or repairing dam and mill - Whenever the dam and mill or other machinery has been...

§ 18-15-711. Raising of dam - Any owner of any dam and mill, or other machinery...

§ 18-15-712. Erection of dam by owner of land on one side of watercourse - (a) Any person being the owner in fee simple of...

§ 18-15-713. Cutting canal through another's land - Where mills or other machinery are proposed to be built,...

§ 18-15-714. Right of third person to build - If any person or his or her legal representatives to...

Subchapter 8 - Navigation, Coal, and Stone Companies

§ 18-15-801. Navigation companies connecting streams by railroad — Private purchases permitted - Nothing in §§ 18-15-802 — 18-15-806 shall prevent a company...

§ 18-15-802. Navigation companies connecting streams by railroad — Power of eminent domain - (a) (1) Any company formed for the purpose of buying...

§ 18-15-803. Navigation companies connecting streams by railroad — Petition - Any company desiring to avail itself of the benefits of...

§ 18-15-804. Navigation companies connecting streams by railroad — Jury - (a) When any company shall petition according to the requirements...

§ 18-15-805. Navigation companies connecting streams by railroad — Jury report — Payment - (a) (1) When any jury reports, as provided in §...

§ 18-15-806. Navigation companies connecting streams by railroad — Order to vest land in petitioner - (a) When any lands shall have been so appraised and...

§ 18-15-807. Packet, coal, and stone companies — Power of eminent domain - (a) (1) Any packet company organized under the laws of...

Subchapter 9 - Public Landings

§ 18-15-901. Establishment - (a) All public landings shall be laid out, opened, and...

§ 18-15-902. Notice of petition - (a) (1) Previous to any petition being presented for a...

§ 18-15-903. Landing and cotton yard - (a) Any five (5) or more freeholders residing in any...

§ 18-15-904. Petition to specify land - All petitions for the laying out and establishment of public...

§ 18-15-905. Appointment and function of viewers - (a) On presentation of the petition and proof of notice...

§ 18-15-906. Order for viewers to proceed - The county court shall issue its order directing viewers to...

§ 18-15-907. Notice of viewers' meeting - (a) (1) It shall be the duty of one (1)...

§ 18-15-908. Proceedings and report of viewers - (a) (1) It shall be the duty of the viewers...

§ 18-15-909. Assistance of viewers by surveyor - The viewers may call a surveyor to assist them in...

§ 18-15-910. Consequences of viewers' report - (a) On receiving the report of the viewers, the county...

§ 18-15-911. Order to open and maintain landing - After any public landing as provided in this subchapter has...

§ 18-15-912. Review and appeal - The right to have the county court review the proceedings...

§ 18-15-913. Public entry, use, and occupation upon order of payment - In all cases in which damages for land proposed to...

§ 18-15-914. Deposit upon controversy - (a) When the determination of questions in controversy in these...

§ 18-15-915. Lease - (a) The county court may lease a public landing for...

§ 18-15-916. Fees and expenses - (a) For each day necessarily employed, to be charged as...

Subchapter 10 - Levee and Drainage Districts

§ 18-15-1001. Purpose - It is expressly declared to be the purpose of this...

§ 18-15-1002. Power of eminent domain - (a) The board of directors or commissioners of any levee...

§ 18-15-1003. Appraisers - (a) (1) Circuit judges of all counties in which it...

§ 18-15-1004. Petition — Appraisal — Summons - (a) Whenever any levee or drainage district deems it necessary...

§ 18-15-1005. Exception — Trial — Injunction - (a) (1) If no exception is filed by the owner...

§ 18-15-1006. Payment of award — Adjudication of claim - (a) (1) If no exception shall be taken to the...

§ 18-15-1007. Refusal to pay award upon abandonment of line - Any levee or drainage district may refuse to pay the...

§ 18-15-1008. Appropriation of land without owner's consent - (a) Whenever the board of directors or commissioners of any...

§ 18-15-1009. Limitation on actions and damages - (a) All actions for the recovery of damages against any...

§ 18-15-1010. Fees - (a) The appraisers provided for in this section and §§...

§ 18-15-1011. Acquisition of flowage and storage rights and other servitudes - (a) (1) Whenever it becomes necessary for any levee or...

Subchapter 11 - Irrigation Companies

§ 18-15-1101. Private property generally - (a) All corporations organized in this state for the purpose...

§ 18-15-1102. Drawing or directing water from watercourse - (a) Whenever a corporation, in the construction of its system...

§ 18-15-1103. Condemnation of property upon failure to obtain by consent, contract, or agreement - In the event a corporation fails, upon application to individuals,...

§ 18-15-1104. Construction across or under railroad - A corporation shall have the right to construct its canals,...

§ 18-15-1105. Right-of-way and construction in city and town - (a) The city council of any city of the first...

§ 18-15-1106. Construction and repair of bridges across canals - (a) (1) Whenever any irrigation corporation in this state constructs...

§ 18-15-1107. Supply of water to adjacent landowners - (a) Water shall be supplied to the owners of all...

Subchapter 12 - Railroad, Telegraph, and Telephone Companies

§ 18-15-1201. Definition - The words “right-of-way”, as used in this subchapter, shall mean...

§ 18-15-1202. Petition for condemnation - (a) (1) Any railroad, telegraph, or telephone company, organized under...

§ 18-15-1203. Appointment of guardian ad litem - In all cases of infants or persons with mental illness,...

§ 18-15-1204. Assessment of damages by jury - (a) It shall be the duty of the court to...

§ 18-15-1205. Payment or deposit of damages and costs - (a) In all cases in which damages for the right-of-way...

§ 18-15-1206. Deposit upon controversy - (a) In cases in which the determination of questions in...

§ 18-15-1207. Failure to pay or deposit - In all cases in which the company shall not pay...

Subchapter 13 - Mineral Oil, Petroleum, Natural Gas, and Lumber Companies

§ 18-15-1301. Pipelines and logging and tram roads - (a) Any corporation organized by virtue of the laws of...

§ 18-15-1302. Right to enter, survey, etc. — Plat or map - (a) (1) Whenever a corporation desires to construct a pipeline...

§ 18-15-1303. Procedure for condemnation - In the event any company fails, upon application to individuals,...

§ 18-15-1304. Abandonment of logging railroad or tram road - When a logging railroad or tram road is abandoned, the...

Subchapter 14 - Cemeteries

§ 18-15-1401. Right of eminent domain to take land for burial purposes - (a) All cities of the first class and cities of...

§ 18-15-1402. Consent of two-thirds of members or owners required - No property shall be condemned and taken for public burial...

§ 18-15-1403. Application - (a) When it shall be deemed necessary by the city...

§ 18-15-1404. Setting of time for inquiry - If it shall appear to the court or judge that...

§ 18-15-1405. Summoning of jury for inquiry - (a) A jury shall be summoned for the purpose of...

§ 18-15-1406. Determination of compensation — Dispute - (a) The jury shall hear the evidence and determine the...

§ 18-15-1407. Costs - The cost of the condemnation proceedings provided for in this...

§ 18-15-1408. Public property - (a) If a cemetery located on land of a private...

Subchapter 15 - Housing and Urban Renewal

§ 18-15-1501. Federal housing projects — Legislative declarations - (a) It is declared that: (1) Unsanitary and unsafe dwelling...

§ 18-15-1502. Federal housing projects — Definition - (a) The term “housing project” whenever used in this section,...

§ 18-15-1503. Federal housing projects — Right of eminent domain - (a) (1) Any corporation which is an agency of the...

§ 18-15-1504. Housing authorities — Power of eminent domain - (a) A housing authority shall have the right to acquire...

§ 18-15-1505. Urban renewal agencies - (a) (1) (A) From and after the passage of this...

Subchapter 16 - Traction Companies

§ 18-15-1601. Authority to condemn - (a) (1) Every traction company shall have the right to...

Subchapter 17 - Private Property Protection Act

§ 18-15-1701. Title - This subchapter shall be known and may be cited as...

§ 18-15-1702. Definitions - As used in this subchapter: (1) “Fair market value” means...

§ 18-15-1703. Taking — Application - (a) (1) An owner of real property asserting a taking...

§ 18-15-1704. Statute of limitations - (a) (1) A lawsuit under this subchapter shall be filed...

§ 18-15-1705. Cumulative remedies - (a) The remedies provided under this subchapter are not exclusive...

§ 18-15-1706. Appeals - An appeal from the final judgment of the cause of...

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Arkansas Code Subtitle 2 - Real Property Chapter 15 - Eminent Domain

Arkansas Code
Subtitle 2 - Real Property
Chapter 15 - Eminent Domain