Arkansas § 18-15-1202 Petition for condemnation

Arkansas Statutes

§ 18-15-1202 — Petition for condemnation

(a)(1) Any railroad, telegraph, or telephone company, organized under the laws of this state, after having surveyed and located its lines of railroad, telegraph, or telephone, in all cases in which the companies fail to obtain the right-of-way over the property by agreement with the owner of the property through which the lines of railroad, telegraph, or telephone may be located, shall apply to the circuit court of the county in which the property is situated.

(2)Application shall be made by petition to have the damages for the right-of-way assessed, giving the owner of the property at least ten (10) days' notice in writing by certified mail, return receipt requested, of the time and place where the petition will be heard.

(b)(1) In case the property sought to be condemned for public us

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(a) (1) Any railroad, telegraph, or telephone company, organized under the laws of this state, after having surveyed and located its lines of railroad, telegraph, or telephone, in all cases in which the companies fail to obtain the right-of-way over the property by agreement with the owner of the property through which the lines of railroad, telegraph, or telephone may be located, shall apply to the circuit court of the county in which the property is situated. (2) Application shall be made by petition to have the damages for the right-of-way assessed, giving the owner of the property at least ten (10) days' notice in writing by certified mail, return receipt requested, of the time and place where the petition will be heard. (b) (1) In case the property sought to be condemned for public use is owned by an individual or corporation and is located in more than one (1) county, the petition may be filed in a circuit court having jurisdiction in any county in which the whole or a part of the property is located. (2) Proceedings had in the circuit court shall apply to all property designated in the petition. (c) However, if the owner of the property is a nonresident of the state, an infant, or person of unsound mind, notice shall be given as follows: (1) (A) By publication in any newspaper in the county which is authorized by law to publish legal notices. (B) The notice shall be published for the same length of time as may be required in other civil causes; (2) If there is no such newspaper published in the county, then the publication shall be made in some newspaper designated by the circuit clerk, and one (1) written or printed notice thereof shall be posted on the door of the courthouse of the county; and (3) In writing by certified mail, return receipt requested, to the address of the owners of the property as it appears on the records in the office of the county sheriff or county tax assessor for the mailing of statements of taxes as provided in § 26-35-705 . (d) The petition shall, nearly as may be, describe the lands over which the road is located and for which damages are asked to be assessed, whether improved or unimproved, and be sworn to.

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Legislative History

Amended by Act 2021, No. 945,§ 3, eff. 7/28/2021. Acts 1873, No. 123, §§ 3, 5, p. 290; 1885, No. 107, § 13, p. 176; C. & M. Dig., §§ 3992-3994, 3996; Pope's Dig., §§ 4994-4996, 4998; A.S.A. 1947, §§ 35-201, 35-203; Acts 1999, No. 1236, § 2.