§ 14-298-108 — Notices to landowners and viewers

(a) It shall be the duty of one (1) of the petitioners to give at least thirty (30) days' notice in writing to: (1) The owner or his or her agents, if residing within the county, or if the owner is an incapacitated person as defined by § 28-65-104 , then to the guardian of that person, if a resident of the county, through whose land the road is proposed to be laid out and established; and (2) The viewers named in the order of the county court of the time and place of meeting as specified in the order. (b) (1) (A) It is further made the duty of the principal petitioner, if the road is proposed to be laid out on or through any land owned by nonresidents of the county, to cause notice to the nonresidents of the county to be served as provided by the Arkansas Rules of Civil Procedure, and if service is not obtained, then the notice shall be published one (1) time per week for two (2) consecutive weeks in some newspaper of general circulation published in the county. (B) If there is no newspaper published in the county, then notice shall be given to the nonresident by posting a notice of the time and place of meeting of the viewers as specified in the order of the county court. (2) The substance of the petition for the road shall also be posted upon the door of the office of the clerk of the county court for at least two (2) weeks before the time fixed for the meeting of the viewers.

Legislative History

Acts 1871, No. 26, § 49, p. 56; C. & M. Dig., § 5234; Pope's Dig., § 6949; A.S.A. 1947, § 76-908; Acts 2005, No. 1200, § 3.