§ 27-66-401 — Establishment

(a) (1) When the lands, dwelling house, or plantation of any owner is so situated as to render it necessary to have a road from such lands, dwelling house, or plantation to any public road or navigable watercourse over the lands of any other person and the other person refuses to allow that owner the road, the owner may petition the county court to appoint viewers to lay off the road, provided the owner gives written notice to the person twenty (20) days before application to the court and attaches the written notice to the petition. (2) The written notice shall include the amount of payment the owner offers for the road. (b) The petition for an easement for ingress and egress to and from the petitioner's lands over, through, and across the respondent's lands to any public road or navigable watercourse shall be filed with the clerk of the county court and shall allege with particularity facts demonstrating that: (1) The written notice was provided by the petitioner to the respondent twenty (20) days before application to the court; (2) The respondent refused to convey to the petitioner the requested access easement; and (3) The petitioner lacked the legal right of ingress and egress to and from his or her lands across the respondent's lands or otherwise to a public road. (c) Copies of abstracts, deeds, or plats referenced in the petition shall be attached to the petition. (d) After the petition is filed, the county court shall issue a notice setting the time, date, and location of a preliminary hearing, and the hearing shall not be any earlier than sixty (60) days from the date of the petition's filing. (e) (1) In accordance with the Arkansas Rules of Civil Procedure, the petitioner shall serve the resident or nonresident respondent with a: (A) Summons; (B) Copy of the petition and any exhibits; and (C) Copy of the court notice of the preliminary hearing. (2) If service is not obtained, the notice shall be published one (1) time per week for two (2) consecutive weeks in a newspaper of general circulation in the county at the petitioner's expense. If there is no newspaper of general circulation in the county, the notice shall be posted at the county courthouse. (f) (1) The court may dismiss the case without prejudice and allow the petition to be refiled within one (1) year from dismissal if the court determines at the preliminary hearing that: (A) Required notices and service have not been provided to the respondent; or (B) The petition fails to sufficiently demonstrate the requirements of subsection (b) of this section. (2) (A) (i) If the court determines at the preliminary hearing that required notices and service have been provided to the adjoining owner who has refused the landlocked petitioner an access easement or to any other adjoining owner that has been included in the petition and the petition sufficiently demonstrates the requirements of subsection (b) of this section, the court shall appoint viewers as provided under this section. (ii) The court shall give each party at least ten (10) business days to submit up to three (3) potential viewers. (iii) The court shall give due consideration to all potential viewers that were submitted by the parties and shall select one (1) of the potential viewers submitted from each party and one (1) or more viewers selected by the court for a total of three (3) viewers. (B) If viewers are appointed by the court, the court shall: (i) Issue a preliminary order directing the landlocked petitioner to deposit into the registry of the court an estimated sum sufficient for payment of: (a) Viewers' fees and expenses; (b) The survey cost; (c) Damages related to the adjoining owner's property, including without limitation an estimate of: (1) The loss of property value for the area of acquisition; (2) The loss of exclusive use the adjoining owner will realize; and (3) Damages to the owner's remaining property; and (d) Notice and publication costs, if any; (ii) Set the time, date, and location of the evidentiary hearing; and (iii) Require the funds deposited to be used exclusively for the purposes stated under this subsection.

Legislative History

Amended by Act 2013, No. 1083,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 1083,§ 1, eff. 8/16/2013. Acts 1871, No. 26, § 60, p. 56; C. & M. Dig., § 5250; Pope's Dig., § 6976; A.S.A. 1947, § 76-110; Acts 2009, No. 747, § 1.