reglab/housing_qa huggingface dataset:
AR Code § 18-15-406 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 4 - Municipal Corporations — Waterworks Systems|§ 18-15-406. Water pipelines and appurtenances

 Water pipelines, with appurtenances, may be constructed and maintained:   (1) Across and under lands and waters of the state, but the ordinary use of the lands and waters shall not be unduly obstructed thereby; and  (2)  (A) Under, across, and along public highways, roads, streets, and alleys.  (B) However, the ordinary use of these public highways, roads, streets, and alleys shall not be unduly obstructed thereby, and the municipality constructing the water pipelines shall at its own expense properly backfill the trench in which the pipeline is laid and shall at its own expense restore any sidewalks, curbs, gutters, pavements, or surfacing cut or damaged by the construction or maintenance.
AR Code § 18-15-407 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 4 - Municipal Corporations — Waterworks Systems|§ 18-15-407. State or county roads

 (a) If any portion of a state or county road will lie below the high-water mark of an impounding lake, the operating authority of the municipal waterworks system shall have the right to flood the road.  (b) However, if the state or the county determines that a replacement road is required, the municipality shall be obligated to pay the cost of replacing the flooded road with another road of the same type and width. The road shall be the shortest reasonable distance consistent with good engineering practice.  (c)  (1) The Arkansas Department of Transportation, hereinafter called “state”, shall make all necessary determinations for the state highways.  (2) The county judges, hereinafter called “county”, shall make all determinations for county roads.    (d) If the county or state determines that a road need not be replaced, the operating authority is authorized to pay to the county or to the state a reasonable sum in lieu of relocating the road. Any sum so paid shall be used by the state or county for road purposes elsewhere in the state or county, as the case may be.  (e) The county or state may permit the municipality to construct the relocated road, and in that event the operating authority shall be entitled to condemn rights-of-way for the roads in its own name under this subchapter or under any eminent domain act available to the county or state.  (f) After acquiring the rights-of-way, title thereto shall be transferred to the county or state.  (g) If any part of the road replaced or paid for as authorized in this section lies upon property owned by the municipality, title to that part of the replaced road shall vest in the municipality.
AR Code § 18-15-409 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 4 - Municipal Corporations — Waterworks Systems|§ 18-15-409. Controversy

 (a)  (1) When the determination of questions in controversy in the eminent domain proceedings authorized in this subchapter is, in the opinion of the operating authority of the municipal waterworks, likely to retard the progress of the project, the municipality shall so state in its application or in a separate pleading.  (2) The municipality shall also designate a sum which, in its opinion, is the reasonable value of the property to be taken and shall deposit that sum in the registry of the court for the purpose of making compensation and paying any damages which may be assessed against the municipality.  (3) The court shall thereupon immediately enter an order giving the municipality possession of the property and may enforce the order, if necessary.  (4) A copy of the order of possession shall be served upon any person of adult age found residing upon the premises, but only one (1) person need be served.  (5) However, at any time after the order is entered, any defendant may file a motion for a hearing on the amount of the deposit, giving notice of the motion to the applicant, and at the hearing the court may affirm the amount of the original deposit or may order it increased.  (6) No motion for hearing shall delay the applicant's right to possession.    (b)  (1) Any person named as a defendant in the action and claiming to be an owner of the property being condemned shall be entitled to apply to the court for a withdrawal of all or a part of the funds so deposited upon giving reasonable notice of his or her motion to withdraw funds to the applicant. The defendant shall also notify all other defendants whose addresses are known of his motion.  (2)  (A) Before entering an order permitting a withdrawal of any portion of the deposit, the court shall determine the ownership of the property to be condemned, and no defendant shall be permitted to withdraw any greater portion of the deposit than is equal to his or her interest in the property to be condemned.  (B) In no event shall the aggregate amount of the withdrawal for all defendants be greater than the amount originally deposited by the municipality on its own motion.    (3) If any defendant claims that the amount withdrawn by any other defendant was wrongful or was excessive, the dispute shall be solely between the defendants.  (4) In any judgment against the municipality, the municipality shall receive full credit against all defendants for the amount deposited with the clerk or paid to the clerk after judgment.
AR Code § 18-15-410 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 4 - Municipal Corporations — Waterworks Systems|§ 18-15-410. Rights of property owner upon entry by municipality

 (a) If a municipality shall enter upon property which it has the right to acquire by condemnation proceedings without commencing condemnation proceedings, the owner of the property shall have the right to commence condemnation proceedings against the municipality at any time before an action for the recovery of the property or compensation therefor would be barred by the statute of limitations.  (b) The measure of recovery in the action shall be the fair market value of the property at the time it was entered upon by the municipality.
AR Code § 18-15-501 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 5 - Electric Companies Generally|§ 18-15-501. Right-of-way construed

 The right-of-way provided for under this section and §§ 18-15-502 — 18-15-509 shall be construed to include all lands necessary for dams and the backwater resulting therefrom, levees, approaches, abutments, canals, reservoirs, powerhouses, and other purposes incident to the business of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or for public use by an electric utility, as defined in § 18-15-512.
AR Code § 18-15-502 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 5 - Electric Companies Generally|§ 18-15-502. Exception

 No action to condemn the right-of-way over, upon, or along any street or alley in any city or incorporated town shall be instituted or maintained by an electric utility as against any city or incorporated town.
AR Code § 18-15-503 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 5 - Electric Companies Generally|§ 18-15-503. Powers

 (a)  (1)  (A) An electric utility organized or domesticated under the laws of this state for the purpose of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or for public use may construct, operate, and maintain such lines of wire, cables, poles, or other structures necessary for the transmission or distribution of electricity and broadband services:  (i) Along and over the public highways and the streets of the cities and towns of the state;  (ii) Across or under the waters of the state;  (iii) Over any lands or public works belonging to the state;  (iv) On and over the lands of private individuals or other persons;  (v) Upon, along, and parallel to any railroad or turnpike of the state; and  (vi) On and over the bridges, trestles, and structures of railroads.    (B) In constructing such dams as the electric utility may be authorized to construct for the purpose of generating electricity by water power, the electric utility may flow the lands above the dams with backwater resulting from construction.    (2)  (A) However, the ordinary use of the public highways, streets, works, railroads, bridges, trestles, or structures and turnpikes shall not be obstructed, nor the navigation of the waters impeded, and just damages shall be paid to the owners of such lands, railroads, and turnpikes.  (B) The permission of the proper municipal authorities shall be obtained for the use of the streets.      (b)  (1) In the event that an electric utility, upon application to the individual, railroad, turnpike company, or other persons, should fail to secure by consent, contract, or agreement, a right-of-way for the purposes enumerated in subsection (a) of this section, then the electric utility shall have the right to proceed to procure the condemnation of the property, lands, rights, privileges, and easements in the manner prescribed in this subchapter.  (2) However, an electric utility shall not be required to secure by consent, contract, or agreement or to procure by condemnation the right to provide broadband services over its own lines of wire, cables, poles, or other structures that are in service at the time that the electric utility provides broadband services over the lines of wire, cables, poles, or other structures.    (c) Whenever an electric utility desires to construct its line on or along the lands of individuals or other persons or on the right-of-way and the structures of any railroad or upon and along any turnpike, the electric utility, by its agent, shall have the right to enter peacefully upon the lands, structures, or right-of-way and survey, locate, and lay out its line thereon, being liable, however, for any damage that may result by reason of the acts.
AR Code § 18-15-504 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 5 - Electric Companies Generally|§ 18-15-504. Petition for assessment of damages

 (a) If an electric utility, having surveyed and located its line under the power conferred by this section, §§ 18-15-501 — 18-15-503, and §§ 18-15-505 — 18-15-509, fails to obtain, by agreement with the owner of the property through which the line may be located, the right-of-way over the property, it may apply by petition to the circuit court of the county in which the property is situated 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) In case property sought to be condemned is owned by any individual or corporation and is located in more than one (1) county, the petition may be filed in the circuit court of any county in which the whole or a part of the property may be located, and proceedings had therein will apply to all property designated in the petition.  (c) If the owners of the property are nonresidents of the state, infants, or persons of unsound mind, the 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 notices 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 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) As nearly as may be, the petition shall describe the lands over which the right-of-way is located and for which damages are asked to be assessed, whether improved or unimproved, and be sworn to.  (e)  (1) An electric utility shall not be required to petition a court in order to provide broadband services over its own lines of wire, cables, poles, or other structures that are in service at the time that the electric utility provides broadband services over the lines of wire, cables, poles, or other structures.  (2) An owner of property upon which an electric utility's lines of wire, cables, poles, or other structures are located may petition the circuit court of the county in which the property is situated for any compensation to which it might be entitled under this subchapter.
AR Code § 18-15-505 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 5 - Electric Companies Generally|§ 18-15-505. Appointment of guardian ad litem

 In case of infants or persons of unsound mind, when no legal representative or guardian appears in their behalf at the hearing, it shall be the duty of the court to appoint a guardian ad litem who shall represent their interests for all purposes.
AR Code § 18-15-506 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 5 - Electric Companies Generally|§ 18-15-506. Trial by jury

 It shall be the duty of the court to impanel a jury of twelve (12) persons, as in other civil cases, to ascertain the amount of compensation which the electric utility shall pay, and the matter shall proceed and be determined as other civil causes.
AR Code § 18-15-507 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 5 - Electric Companies Generally|§ 18-15-507. Damages

 (a)  (1) The amount of damages to be paid the owner of the lands for the right-of-way for the use of the electric utility shall be determined and assessed irrespective of any other benefit that the owner may receive from any improvement proposed by the electric utility.  (2)  (A) If an owner of property petitions a court under § 18-15-504(e), the amount of damages, if any, payable to the owner for the use of preexisting lines of wire, cables, poles, or other structures by an electric utility to provide broadband services shall be limited to an amount sufficient to compensate the property owner for the increased interference, if any, with the owner's use of the property caused by any new or additional physical attachments to the preexisting facility for the purpose of providing broadband services.  (B) Evidence of revenues or profits derived by an electric utility from providing broadband services is not admissible for any purpose in a proceeding under § 18-15-504(e).      (b) In all cases in which damages for the right-of-way for the use of the electric utility shall have been assessed in the manner provided, it shall be the duty of the electric utility to deposit with the court or pay to the owners the amount so assessed and pay such costs as may be in the discretion of the court be adjudged against it within thirty (30) days after the assessment. Whereupon, it shall and may be lawful for the electric utility to enter upon, use, and have the right-of-way over the lands forever.  (c) In all cases in which the electric utility shall not pay or deposit the amount of damages assessed pursuant to this section, §§ 18-15-501 — 18-15-506, § 18-15-508, and § 18-15-509 within thirty (30) days after the assessment, the electric utility shall forfeit all rights in the premises.
AR Code § 18-15-508 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 5 - Electric Companies Generally|§ 18-15-508. Deposit in case of controversy

 (a) When the determination of questions in controversy in the proceedings is likely to retard the progress of work on or the business of the electric utility, the court or judge in vacation shall designate an amount of money to be deposited by the electric utility, subject to the order of the court, and for the purpose of making compensation when the amount thereof has been assessed, as provided in § 18-15-507, and the judge shall designate the place of deposit.  (b) Whenever the deposit has been made in compliance with the order of the court or judge, it shall be lawful for the electric utility to enter upon the land and proceed with its work, through and over the lands in controversy, prior to the assessment and payment of damages for the use and right to be determined as provided in this section, §§ 18-15-501 — 18-15-507, and § 18-15-509.
AR Code § 18-15-509 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 5 - Electric Companies Generally|§ 18-15-509. Destruction or injury to company property

 A person who destroys or injures the wire, cable, pole, dam, reservoir, canal, power house, machinery, or appliances therein of the electric utility is guilty of a misdemeanor and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) and imprisoned in the county jail for a period of not less than ten (10) days nor more than six (6) months.
AR Code § 18-15-510 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 5 - Electric Companies Generally|§ 18-15-510. Construction of hydroelectric dams — Rights-of-way for railroad in connection with use or construction of dam

 (a) Every company authorized to construct hydroelectric dams in the State of Arkansas, when it becomes expedient or necessary to acquire a right-of-way for the purpose of constructing a railroad for use in connection with or to facilitate the construction of the dam, the companies shall have the power to enter upon, condemn, and appropriate the lands, rights-of-way, easements, and property of persons, firms, or corporations.  (b) The method or manner of making its survey, laying out its right-of-way, acquiring its right-of-way, either by contract or condemnation, shall be the same as now provided by law in case of the exercise of the right of eminent domain by telegraph, telephone, and railroad companies.  (c) It shall be subject to the same duties and liabilities and shall have the same rights as prescribed by law with reference to railroads.  (d) This section shall not be so construed as to authorize the condemnation of public streets or highways.
AR Code § 18-15-511 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 5 - Electric Companies Generally|§ 18-15-511. Declaration of public interest

 The business of generating electricity, transmitting electricity, distributing electricity, or supplying electricity to or for the public for compensation or for public use is declared to be in the public interest.
AR Code § 18-15-512 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 5 - Electric Companies Generally|§ 18-15-512. Definition of “electric utility”

 (a)  (1) As used in this subchapter, “electric utility” means a public utility, as defined in § 23-1-101, that owns or operates for compensation in this state equipment or facilities for producing, generating, transmitting, distributing, selling, or furnishing electricity or another agent for the production of light or electric power to or for the public in this state.  (2) “Electric utility” does not include:  (A) An exempt wholesale generator as defined in § 23-1-101;  (B) Any person not otherwise an electric utility or a business unit of an electric utility that:  (i) Is a power broker who acts as an agent or intermediary on behalf of another person for the purpose of facilitating the sale or purchase of electricity;  (ii) Is a power marketer who acquires, purchases, or generates electric energy on its own behalf with the intent of reselling the electric energy to another person at wholesale;  (iii) Is a qualifying facility that is a cogeneration or small power production facility entitled to the rights and privileges of a qualifying facility under the Public Utility Regulatory Policies Act of 1978, 16 U.S.C. § 2601 et seq.; or  (iv) Is a municipal corporation owning a municipal electric utility; or    (C) An independent transmission system operator, independent transmission company, independent regional transmission group, or other independent transmission entity operating transmission facilities in this state as an independent transmission company, an independent regional transmission group, or other independent transmission entity that is not a public utility, as defined in § 23-1-101.      (b) As used in this section, “person” means an individual or entity, including without limitation a partnership, corporation, cooperative association, trust, business trust, limited liability company, or governmental entity.
AR Code § 18-15-601 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 2 - Real Property|Chapter 15 - Eminent Domain|Subchapter 6 - Municipal Corporations — Water and Water-Generated Electric Companies|§ 18-15-601. Power of eminent domain

 (a) All municipal corporations in this state and all corporations, including not-for-profit corporations and water associations, which supply any town, city, or village in this state, or the inhabitants thereof, with water, or which supply water to rural customers or consumers, are authorized to exercise the power of eminent domain to condemn, take, and use private property for the use of the corporations when necessary to carry out the purposes and objects of the corporations including, without limitation, the condemnation of easements in which water transmission or water distribution lines shall be constructed and located and the condemnation of real property for the construction and location of water storage tanks, water treatment facilities, master metering facilities, pump stations, and other necessary appurtenances needed for water production, transmission, and distribution, regardless of whether or not the private property is located within or outside of the boundaries of the city, town, or village which the municipal or other corporation, including not-for-profit corporations and water associations, serves.  (b) Whenever the municipal or other corporation, including not-for-profit corporations and water associations, in the construction of its waterworks, or in enlarging or extending the waterworks, or water distribution or water transmission lines, shall deem it desirable to condemn, take, use, or occupy private property in the construction of its water treatment or storage facilities, water transmission or distribution lines, or other appurtenances thereto, the corporation may condemn, take, and use the private property, first making just compensation therefor, and proceed as provided in this subchapter.  (c) The corporations and water associations shall exercise the powers of eminent domain only as a last resort, and they shall make use of existing easements and rights-of-way to the extent practicable.  (d) No municipal or other corporation, including not-for-profit corporations and water associations, exercising eminent domain powers under this subchapter shall provide water service to any existing customer of any incorporated city or town absent the express written approval of the incorporated city or town.