reglab/housing_qa huggingface dataset:
AR Code § 18-15-101 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 1 - General Provisions|§ 18-15-101. Deduction from compensation of taxes due on real property

 (a) When the State of Arkansas or any of its agencies or departments shall purchase or take by eminent domain any real property for any purpose and any ad valorem taxes are due, or will become due, during the calendar year in which the purchase or taking occurs, then the state or its agencies or departments purchasing or taking the real property shall withhold from the compensation therefor the amount of the taxes so due, or to become due, during the calendar year and shall remit them to the tax collector of the county in which the real property is located.  (b) If the state or any of its agencies or departments shall fail to withhold and pay the tax upon real property as required pursuant to this section, the county in which the property is located shall be entitled to file a claim with the Arkansas State Claims Commission and to recover the amount of taxes on property purchased or taken by eminent domain as provided in this chapter from the state or its agency or department failing to comply with this section.
AR Code § 18-15-102 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 1 - General Provisions|§ 18-15-102. Actions against corporations appropriating private property

 (a) Whenever any corporation authorized by law to appropriate private property for its use shall have entered upon and appropriated any real or personal property, the owner of the property shall have the right to bring an action against the corporation in the circuit court of the county in which the property is situated for damages for the appropriation at any time before an action at law or in equity for the recovery of the property so taken, or compensation therefor, would be barred by the statute of limitations.  (b) The measure of recovery in the action shall be the same as that governing proceedings by corporations for the condemnation of property.  (c) Proceedings instituted under this section shall be governed by the rules of pleading and practice prescribed for the government of proceedings in the circuit court.  (d) The defendant shall have the right to bring in all parties having or claiming an interest in the property in controversy.  (e) The court shall make the proper orders of the distribution of the compensation recovered in the action among the parties as may be entitled thereto and shall include in the judgment in the proceedings an order condemning the property for the public use to which it may have been appropriated.
AR Code § 18-15-103 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 1 - General Provisions|§ 18-15-103. Bill of rights — Property owner

 (a) The principles expressed in subsection (b) of this section shall serve as standards to be followed in any proceeding that involves an entity authorized by law to exercise the power of eminent domain.  (b) An owner of property subject to a proceeding to condemn private property under the right of eminent domain shall have the following bill of rights:  (1) A property owner is entitled to receive just compensation when private property is taken for a public use;  (2) Private property may only be taken for public use;  (3) Private property may only be taken by a governmental entity or a private entity authorized by law to exercise the power of eminent domain;  (4) A property owner has the right to receive reasonable notification of an entity's interest in taking the property owner's private property;  (5)  (A) A property owner shall receive from the government or private entity an assessment of the just compensation the entity estimates for the property owner's private property before or contemporaneously with a good faith offer of just compensation.  (B) However, when a property owner cannot be located and must be served by warning order, a filing of the assessment with the complaint for condemnation shall be sufficient compliance with subdivision (b)(5)(A) of this section;    (6) An entity shall make a written good faith offer to buy the property owner's private property before initiating a condemnation proceeding;  (7) A property owner has the right to hire an appraiser or other independent professional to determine the value of the private property or to assist the property owner in a condemnation proceeding;  (8) A property owner has the right to hire an attorney to represent the property owner in a condemnation proceeding and negotiate on behalf of the property owner with the entity;  (9) In a proceeding to condemn private property under the right of eminent domain, the circuit court shall impanel a jury of twelve (12) persons as in civil cases to determine the just compensation the government or private entity owes the property owner;  (10) Any party has the right to appeal a decision entered by the circuit court under subdivision (b)(9) of this section; and  (11)  (A) Except as provided in subdivision (b)(11)(B) of this section, in a condemnation brought under the laws of this state, a property owner shall be entitled to an award of the property owner's costs, expenses, and reasonable attorney's fees incurred in preparing and conducting the final hearing and adjudication, including without limitation the cost of appraisals and fees for experts if the compensation ultimately awarded exceeds the condemning entity's written good faith offer required under subdivision (b)(6) of this section by twenty percent (20%) or more.  (B) An award of costs, expenses, and attorney's fees in a condemnation action brought by a county or municipality is governed by the laws that authorize the condemnation action.
AR Code § 18-15-201 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 2 - Counties and Municipal Corporations Generally|§ 18-15-201. Power to condemn for parks, boulevards, and public buildings — Improvement districts

 (a)  (1) The right of eminent domain is granted to municipal corporations and to counties to condemn property for the purpose of parks, boulevards, and public buildings.  (2) In case of municipal corporations, the parks and boulevards may be situated at a distance of not exceeding five (5) miles from the corporate limits and shall remain under the jurisdiction of the municipal corporation.    (b)  (1) Improvement districts may be organized under § 14-88-201 et seq. to aid the municipal corporations to acquire the parks and boulevards.  (2)  (A) The improvement districts may embrace the whole or any part of the territory of such municipal corporations.  (B) The improvement districts may embrace territory benefited outside of the municipal corporations if a majority in value of the owners of real property in the adjacent territory and a majority in value of the owners of real property in that portion of the district within the municipal corporation shall file with the city or town council a petition thereof in the manner provided by Acts 1889, No. 18, § 2 [repealed].      (c) The proceedings for the condemnation shall be in accordance with §§ 18-15-301 — 18-15-307.
AR Code § 18-15-202 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 2 - Counties and Municipal Corporations Generally|§ 18-15-202. Counties — Power to condemn for water and sewer facilities

 (a)  (1) In addition to the purposes for which counties are now authorized to exercise the power of eminent domain, counties are authorized to exercise that power for the purpose of acquiring property for water facilities and sewer facilities.  (2) The counties shall exercise their power of eminent domain only as a last resort, and they shall make use of existing easements and rights-of-way to the extent practicable.    (b) Counties shall exercise the power of eminent domain for the purposes set forth in subsection (a) of this section in accordance with the same procedures and methods by which municipalities are authorized to acquire property by exercising the power of eminent domain for municipal water works purposes, as set forth in §§ 18-15-401 — 18-15-410.
AR Code § 18-15-302 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 3 - Municipal Corporations Generally|§ 18-15-302. Municipal corporations — Power to condemn — Compensation for condemnation — Taking cemetery land

 (a) There shall be included in the award of compensation and damages for taking land occupied by a cemetery the reasonable cost of a new site of at least equal size. The new site shall be approved by the State Board of Health and also by the circuit court in which the condemnation proceedings are instituted.  (b)  (1) The order and judgment condemning a cemetery shall require the municipality, at its own expense, to remove all bodies, tombstones, and markers from the site of the original cemetery, to reinter the bodies in the new site, and to properly reset the tombstones and markers in the new site.  (2) The court may require the municipality to deposit into the registry of the court a sum found by the court to be sufficient to ensure the performance of the obligation by the municipality.  (3) Nothing contained in this section shall prevent a surviving spouse or next of kin of a person buried in the cemetery from removing the body to another cemetery selected by him or her, the municipality paying the reasonable cost thereof, provided that the cost under this section, if demanded by the next of kin, shall not be less than the amount paid by the municipality for the same service when bodies are removed to a cemetery selected by the municipality.    (c) If any power, oil, gas, or any other public utility facilities shall be flooded by such an impounding lake, the lines may be likewise condemned, and the award of compensation and damages shall include the reasonable cost of relocating the power, oil, gas, or other public utility facility.  (d) If any portion of any county road will be flooded by an impounding lake, the municipality shall pay to the county the cost of relocating that portion of road.
AR Code § 18-15-303 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 3 - Municipal Corporations Generally|§ 18-15-303. Municipal corporations — Power to condemn — Proceedings — Controversy

 (a)  (1) When it shall be deemed necessary by any municipal corporation to enter upon or take private property for a permitted purpose, an application in writing shall be made to the circuit court of the proper county, or the judge thereof in vacation, describing as correctly as may be the property to be taken, the object proposed, and the name of the owner of each lot or parcel thereof.  (2) Notice of the time and place of the application shall be given either personally in the ordinary manner of serving process or by publishing a copy of the application with a statement of the time and place at which it is to be made. Notice shall be published for three (3) weeks preceding the time of the application in some newspaper of general circulation in the county.    (b)  (1) When the determination of questions in controversy in the proceedings is likely to retard the progress of construction, the court, or judge in vacation, shall designate an amount of money to be deposited by the municipal corporation, subject to the order of the court and for the purpose of making the compensation and paying damages when the amount thereof has been assessed. The court or judge shall designate the place of the deposit.  (2) Whenever a deposit has been made in compliance with the order of the court or judge, it shall be lawful for the municipal corporation to enter upon the lands in controversy and proceed with its work of construction prior to the assessment and payment of damages and compensation.
AR Code § 18-15-304 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 3 - Municipal Corporations Generally|§ 18-15-304. Hearing

 (a) If it appears to the court or judge that notice has been served ten (10) days before the time of application, or has been published as provided, and that the notice is reasonably specific and certain, then the court or judge may set a time for the inquiry into and assessment of compensation by a jury before the court or judge.  (b) A jury shall be summoned for the purpose of making inquiry in the same manner that petit jurors are summoned in the circuit court for other purposes. The inquiry and assessment shall be made at the time appointed unless, for good cause, continued to another day to be specified.  (c) If, at the time of the application, it appears that any of the owners of property sought to be condemned are infants or of unsound mind, a guardian ad litem shall be appointed.  (d) The municipal corporation may be required to file a more full and accurate description of the property to be taken and the object proposed and maps, plats, and surveys if the court or judge deems them necessary or proper.
AR Code § 18-15-305 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 3 - Municipal Corporations Generally|§ 18-15-305. Payment of assessment — Disputes

 (a) The assessment shall be made on each lot or parcel of land separately and distributed to the owner of each tract, according to their true interest and ownership, on the order of the court.  (b)  (1) In case of dispute as to interest, title, or ownership, the money allowed therefor shall be held subject to the order of the court until the dispute is amicably settled between the disputants or determined by due course of law.  (2) The inquiry and assessment in all other respects shall be made by the jury under such rules and restrictions as shall be given by the court.
AR Code § 18-15-306 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 3 - Municipal Corporations Generally|§ 18-15-306. Verdict by jury

 (a) The jury shall be sworn to make the whole inquiry and assessment but may be allowed to return a verdict, as to part, and be discharged as to the rest, at the discretion of the court.  (b) In case the jury shall be discharged from rendering a judgment in whole or in part, another jury shall be impaneled at the earliest convenient time, who shall take the whole inquiry and assessment, or the part not made, as the case may be.
AR Code § 18-15-307 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 3 - Municipal Corporations Generally|§ 18-15-307. Compensation for and possession of property

 (a) As soon as the amount of compensation that may be due to the owners of the property taken, or to any of them, shall have been ascertained by the jury, the court shall make such order as to its payment or deposit as shall be deemed right and proper in respect to the time and place of payment and the proportion to which each owner is entitled and may require adverse claimants of any part of the money or property to interplead, so as to fully settle and determine their rights and interests according to equity and justice.  (b) The court may direct the time and manner in which possession of the property condemned shall be taken or delivered and may, if necessary, enforce any order giving possession.  (c) The costs occasioned by the assessment shall be paid by the corporation, and, as to the other costs which may arise, they shall be charged or taxed as the court may direct.  (d)  (1) No delay in making an assessment of compensation or in taking possession shall be occasioned by any doubt which may arise as to ownership of the property, or any part thereof, or as to the interests of the respective owners.  (2) However, in cases in which ownership of the property is doubted, the court shall require a deposit of the money allowed as compensation for the whole property in dispute.    (e) In all cases, as soon as the corporation has paid the compensation assessed or secured the payment by a deposit of money under the order of the court, possession of the property may be taken and the public work or improvement progress.
AR Code § 18-15-308 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 3 - Municipal Corporations Generally|§ 18-15-308. Amount of award

 (a) In the event of the condemnation by a competent authority, for any public use or purpose, of all or substantially all of any land, buildings, or facilities acquired or constructed in whole or in part with the proceeds of revenue bonds issued under the provisions of the Municipalities and Counties Industrial Development Revenue Bond Law, § 14-164-201 et seq., the condemnation award must be at least sufficient in amount to cover the expenses of the condemnation proceeding and to cover the principal of all of the revenue bonds then outstanding and interest to the next interest payment date thereafter that all the bonds may be called for redemption prior to maturity, together with redemption premiums, if any, paying agent's fees, and all other costs of redemption of the revenue bonds.  (b) For the purposes of this section, the words “all or substantially all” shall be deemed to mean a taking of all of the land, buildings, or facilities or a taking of such a portion thereof that the manufacturing operations being conducted on and in the land, buildings, or facilities cannot, after the taking, be conducted in the remainder in substantially the same manner as before.
AR Code § 18-15-309 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 3 - Municipal Corporations Generally|§ 18-15-309. Flood control improvements

 (a) In addition to the purposes for which municipalities are now authorized to exercise the power of eminent domain, cities of the first class and cities of the second class are authorized to exercise such power for the purpose of acquiring real property or interests in real property necessary for the construction, operation, repair, or maintenance of flood control improvements including, but not limited to, dams, levees, reservoirs, spillways, floodways, and other related improvements.  (b) Cities of the first class and cities of the second class shall exercise the power of eminent domain for the purposes prescribed in subsection (a) of this section in accordance with the procedures and methods prescribed in §§ 18-15-303 — 18-15-307 or in accordance with the procedures and methods prescribed in § 18-15-401 et seq.
AR Code § 18-15-401 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 4 - Municipal Corporations — Waterworks Systems|§ 18-15-401. Right to acquire property

 (a) A municipality operating a waterworks system under the provisions of this subchapter shall have the right to acquire any property useful for municipal waterworks purposes by following the eminent domain proceedings set forth in this subchapter.  (b) A municipality's right of eminent domain shall be exercised by the operating authority of the municipal waterworks system.  (c) This subchapter shall be cumulative to any other laws of eminent domain in favor of municipalities operating municipal waterworks systems.
AR Code § 18-15-402 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 4 - Municipal Corporations — Waterworks Systems|§ 18-15-402. Authority to enter property — Liability

 For the purpose of making investigations, surveys, tests, and measurements, a municipality is authorized to enter upon any property by its agents, employees, or contractors. However, the municipality shall be liable for any damages to the owner's property resulting from its acts.
AR Code § 18-15-403 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 4 - Municipal Corporations — Waterworks Systems|§ 18-15-403. Preliminary proceedings for condemnation

 (a)  (1) When the operating authority determines to condemn property, it shall file an application in the circuit court of the county where any portion of the property to be condemned is situated, and proceedings had in the court shall apply to all property described in the application.  (2) The applicant shall describe the property to be taken and shall name as defendants all persons shown by public records as having any interest therein.  (3) Both residents and nonresidents of the state shall be summoned as in other civil proceedings.  (4)  (A) However, if a verified affidavit is filed in behalf of the applicant stating that all or a number of the persons who might be claiming an interest in the property are unknown to the applicant, then unknown owners may be named as defendants.  (B) If the affidavit is filed or if a verified affidavit is filed in behalf of the applicant stating that the address of any known defendant cannot be determined after diligent inquiry by the applicant, then any defendant described in either affidavit shall be summoned by publication of notice as in the case of nonresident defendants in other civil actions, except that an attorney ad litem shall not be appointed for any defendant whose name or whose address is unknown.      (b) Answers may be filed, but none shall be required of any defendant.  (c)  (1) The matter may proceed to trial after the lapse of twenty (20) days from the date of personal service of summons on residents and after the lapse of thirty (30) days from the date of first publication of notice on defendants constructively summoned.  (2) The suits shall receive precedence over other matters and shall be advanced for trial at the request of the applicant.  (3) The trial date shall be fixed by the court, and when fixed, the applicant shall give notice of the trial date by registered or certified mail to any defendant who was personally summoned. No notice of trial is required for any defendant whose address is unknown.
AR Code § 18-15-404 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 4 - Municipal Corporations — Waterworks Systems|§ 18-15-404. Assessment and payment of damages

 (a) At the trial of the cause, a jury shall assess the amount of damages the applicant shall pay for the property taken in the proceedings.  (b) Thereafter, a judgment shall be entered stating that title to the property shall vest in the applicant upon payment to the clerk of the court of the amount of damages so assessed.  (c)  (1) If there is only one (1) defendant, the clerk of the court shall pay the proceeds of the judgment to the defendant upon demand.  (2) If there is more than one (1) defendant, the lower court shall retain jurisdiction of the matter solely for the purpose of making a division of the proceeds and shall determine the division sitting without a jury and without further notice to any defendant.  (3) The court shall then enter an order making a division of the proceeds and shall direct the clerk of the court to make payment to the various defendants in the amounts which shall be specified in the order. The payment shall be made by the clerk to each defendant upon his or her demand.  (4) The applicant shall not be a party to proceedings for the division of the damages.
AR Code § 18-15-405 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 4 - Municipal Corporations — Waterworks Systems|§ 18-15-405. Power, oil, and gas lines, etc

 If any power, oil, or gas line or other public utility facility shall be flooded by an impounding lake, the property may be condemned if the operating authority of the municipal waterworks system determines the existence of the facility is inconsistent with the waterworks' requirements.