§ 14-91-309 — Eminent domain proceedings

Arkansas § 14-91-309

• Jurisdiction: Arkansas
• Title: 14

Text

(a) (1) (A) The circuit judge of any county in which it becomes necessary or desirable for a municipal levee or flood control improvement district to condemn rights-of-way, lands, or structures shall, upon the written application of the district, appoint three (3) resident landowners of the municipality in which the district is located, to be known as appraisers, to assess damages for the appropriation of land for the project. (B) (i) The appraisers shall hold their offices for a term of one (1) year and until their successors are appointed and qualified. (ii) Vacancies occurring in the board of appraisers shall be filled by the circuit judge. (C) The appointment of appraisers shall be made, in writing, by the circuit judge and filed with the circuit clerk and spread by him upon the records of the circuit court. (2) The appraisers shall take an oath before the circuit clerk that they will make a just and true award of the compensation of any landowner by reason of rights-of-way, lands, or structures taken for the project by condemnation. The oaths shall be reduced to writing, signed by the assessors and spread by the clerk upon the records of the circuit court. (3) If any appraiser is interested in any property to be condemned, he shall not act as to the property. (4) The board of improvement of the district may consult with and use the services of the board of appraisers in seeking to acquire needed lands and rights-of-way by consent and deed. (5) Reasonable compensation to be fixed by the circuit court shall be allowed the appraisers for their services, and the compensation shall be paid by the district. (b) (1) (A) Whenever any such district deems it necessary to take or use any rights-of-way, land, or structures for the project, or when the project has already been entered upon by the district, then the district may file a petition with the clerk of the circuit court of the county in which the property is situated. The petition shall describe, as near as may be practical, the property taken, or proposed to be taken, and ask that the property described in the petition be condemned and that the appraisers make an award to the owners of the land or property. (B) (i) (a) The owners of each tract of land or right-of-way described in the petition shall be made defendants in the petition. (b) The term owners shall include unknown owners where it is alleged in the petition that the names of the owners are unknown or uncertain. (ii) Persons or corporations holding any lien or lease upon, or claiming any interest in, the land may also be made defendants. (iii) It shall be no objection that several tracts of land or rights-of-way belonging to different owners are included in the same petition. (C) (i) When the petition is filed, the circuit clerk shall notify the appraisers of the filing, whose duty it shall then be to assemble, at some convenient time, and ascertain the fair market value of the property appropriated or intended to be appropriated and the damages, if any, to the remainder of each tract. (ii) (a) The appraisers shall reduce their findings to writing, giving the amount of award as to each tract, and shall sign it and file the findings with the circuit court. (b) (1) The clerk shall immediately issue a summons directed to the sheriff of the county, together with a copy of the award attached thereto, commanding him to serve the owners as in ordinary suits at common law. (2) (A) If the owners are nonresidents of the state, or if it is alleged in the petition that the owners of any tract or persons having an interest in any tract are unknown or uncertain, it shall be the duty of the clerk to publish a warning order in some newspaper published in the municipality in which the district is located once a week for two (2) consecutive weeks. (B) (i) The warning order may be in the following form: Click here to view form. (ii) The warning order shall be dated and signed by the clerk. (2) (A) If no exception is filed by the owners within twenty (20) days after service of summons, or within twenty (20) days after the date of the first publication of the warning order, or by the district within twenty (20) days after the award is filed, then it shall be the duty of the circuit clerk to call the court's attention to the award and to the failure to file exceptions thereto after notice having been given as provided in this section. Upon such information the court shall proceed to enter a judgment in favor of the owners of such lands against the district for the amount awarded by the appraisers and for condemnation upon payment of the amount adjudged to the owners or into the registry of the court for their benefit. (B) (i) (a) In case exceptions are filed by either party within the time prescribed in this section, it shall be the duty of the clerk to docket the cause. (b) The petition originally filed by the district and the award of the appraisers shall constitute all necessary pleadings in the proceedings. (ii) In case a trial is demanded or requested by either party, the question shall be tried as other common law cases are tried. (3) (A) (i) Where the determination of questions in controversy in the proceedings is likely to retard the progress of the construction, then upon the filing of the award by the appraisers, the circuit court, or the judge thereof, in vacation, upon request of the district, shall designate an amount of money to be deposited by the district, subject to the order of the court, and for the purposes of making just compensation when the amount thereof shall have been assessed. (ii) The judge shall designate the place of the deposit. (B) In designating the amount of money to be deposited, the court or judge shall accept the award of the appraisers as prima facie correct. (C) Whenever the deposits shall have been made in compliance with the order of the court or judge, it shall be lawful for that district to enter upon the lands in controversy and proceed with their work of construction prior to the final judgment and payment of damages and compensation. (4) (A) Upon the petition of the district, any landowner, lienholder, or lessee, the circuit court may order the payment of the final judgment to the parties interested therein in accordance with their several interests. (B) If there is a conflict in interest among those entitled to the judgment or if the owners are unknown or uncertain, the district may be permitted to pay the final judgment into the registry of the court to await its further orders. (5) Upon the payment of any judgment, either to the owners or into the registry of the court, a final judgment of condemnation shall be entered.

Legislative History

Acts 1947, No. 23, § 3; A.S.A. 1947, § 20-336.