reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 5 - ELECTRIC COMPANIES GENERALLY (§§ 18-15-501 — 18-15-512) › Section 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.
Amended by Act 2013, No. 1130,§ 4, eff. 8/16/2013.
Acts 1907, No. 120, §§ 5-7, 9, p. 303; C. & M. Dig., §§ 4047-4049, 4051; Pope's Dig., §§ 5049-5051, 5053; A.S.A. 1947, §§ 35-305 -- 35-307, 35-309; Acts 1999, No. 1236, § 1; 2001, No. 1291, § 4; 2007, No. 739, § 4.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 5 - ELECTRIC COMPANIES GENERALLY (§§ 18-15-501 — 18-15-512) › Section 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.
Acts 1907, No. 120, § 8, p. 303; C. & M. Dig., § 4050; Pope's Dig., § 5052; A.S.A. 1947, § 35-308.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 5 - ELECTRIC COMPANIES GENERALLY (§§ 18-15-501 — 18-15-512) › Section 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.
Amended by Act 2013, No. 1130,§ 5, eff. 8/16/2013.
Acts 1907, No. 120, § 10, p. 303; C. & M. Dig., § 4052; Pope's Dig., § 5054; A.S.A. 1947, § 35-310; Acts 2001, No. 1291, § 5.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 5 - ELECTRIC COMPANIES GENERALLY (§§ 18-15-501 — 18-15-512) › Section 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.
Amended by Act 2013, No. 1130,§ 6, eff. 8/16/2013.
Acts 1907, No. 120, §§ 11, 12, 15, p. 303; C. & M. Dig., §§ 4052, 4053, 4056; Pope's Dig., §§ 5054, 5055, 5058; A.S.A. 1947, §§ 35-311, 35-312, 35-315; Acts 2001, No. 1291, § 6; 2007, No. 739, § 5.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 5 - ELECTRIC COMPANIES GENERALLY (§§ 18-15-501 — 18-15-512) › Section 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
.
Amended by Act 2013, No. 1130,§ 7, eff. 8/16/2013.
Acts 1907, No. 120, §§ 13, 14, p. 303; C. & M. Dig., §§ 4054, 4055; Pope's Dig., §§ 5056, 5057; A.S.A. 1947, §§ 35-313, 35-314; Acts 2001, No. 1291, § 7.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 5 - ELECTRIC COMPANIES GENERALLY (§§ 18-15-501 — 18-15-512) › Section 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.
Amended by Act 2013, No. 1130,§ 8, eff. 8/16/2013.
Acts 1907, No. 120, § 4, p. 303; C. & M. Dig., § 4046; Pope's Dig., § 5048; A.S.A. 1947, §§ 35-304; Acts 2001, No. 1291, § 8.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 5 - ELECTRIC COMPANIES GENERALLY (§§ 18-15-501 — 18-15-512) › Section 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.
Acts 1929, No. 246, § 1; Pope's Dig., § 5060; A.S.A. 1947, § 73-2017.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 5 - ELECTRIC COMPANIES GENERALLY (§§ 18-15-501 — 18-15-512) › Section 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.
Acts 2001, No. 1291, § 9.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 5 - ELECTRIC COMPANIES GENERALLY (§§ 18-15-501 — 18-15-512) › Section 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.
Amended by Act 2013, No. 1130,§ 9, eff. 8/16/2013.
Acts 1935, No. 324, § 1; Pope's Dig., § 2064; Acts 1967, No. 234, § 4; 1973, No. 125, § 1; 1985, No. 455, § 1; 1985, No. 1084, § 1; A.S.A. 1947, § 73-201; Acts 1987 (1st Ex. Sess.), No. 37, §§ 1, 2; 1988 (4th Ex. Sess.), No. 21, § 1; 1989, No. 53, § 1; 1989, No. 952, § 1; 1991, No. 854, § 1; 1991, No. 1037, § 1; 1997, No. 305, § 1; 1999, No. 1322, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 6 - MUNICIPAL CORPORATIONS - WATER AND WATER-GENERATED ELECTRIC COMPANIES (§§ 18-15-601 — 18-15-607) › Section 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.
Acts 1895, No. 126, §§ 1, 2, p. 183; 1907, No. 130, § 1, p. 322; C. & M. Dig., §§ 4034, 4035; Pope's Dig., §§ 5035, 5037; A.S.A. 1947, §§ 35-401, 35-402; Acts 1995, No. 1207, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 6 - MUNICIPAL CORPORATIONS - WATER AND WATER-GENERATED ELECTRIC COMPANIES (§§ 18-15-601 — 18-15-607) › Section 18-15-602 - Right to draw, control, etc., water

(a)
When a corporation in the construction of its waterworks, in extending its waterworks, or in making new lines of work shall deem it necessary, it may, as provided in this subchapter, draw water from any river, lake, creek, spring branch, or spring by means of pipes, ditches, drains, conduits, aqueducts, or other means of conducting water so as to connect the rivers, lakes, creeks, spring branches, or springs with its works.
(b)
The corporation may also erect and construct dams, bulkheads, gates, and other needed structures and means of controlling the water and its protection and in general do any other act necessary or convenient in accomplishing the purpose contemplated by this subchapter.
Acts 1895, No. 126, § 3, p. 183; C. & M. Dig., § 4036; Acts 1931, No. 154, § 1; Pope's Dig., § 5038; A.S.A. 1947, § 35-403.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 6 - MUNICIPAL CORPORATIONS - WATER AND WATER-GENERATED ELECTRIC COMPANIES (§§ 18-15-601 — 18-15-607) › Section 18-15-603 - Survey and map required

Whenever a corporation proposes to construct or extend the work or proposes to extend its line of works so as to connect with any river, lake, creek, spring branch, or spring and direct the water of any river, lake, creek, spring branch, or spring or body of water within its waterworks, it shall proceed as follows:
(1)
(A)
That corporation shall cause to be made a survey of the line along which it proposes to construct or extend the waterworks, and of all lands and other property to be affected by flowage, drainage, or by the construction of ditches, drains, conduits, aqueducts, or otherwise.
(B)
For that purpose the corporation by its officers and agents may enter any land for the purpose of making the surveys and measurements or for obtaining any other necessary information relative to the construction or extension of the waterworks, doing no unnecessary damage to the real estate; and
(2)
(A)
After the survey has been made and the line located, the corporation shall cause to be made a map showing the location of the line, extension, and improvements and the lands necessary to be taken for the construction, extension, or improvement, and all lands or other property to be affected by flowage, drainage, or otherwise.
(B)
The map shall be verified under oath by the surveyor making the map as just and correct, as he or she verily believes.
(C)
The map shall also be acknowledged by the mayor, clerk, or recorder or other proper officer of the city, town, or village seeking to condemn and take the real estate, or by the president, secretary, or director of the corporation seeking to condemn and take the real estate.
Acts 1895, No. 126, § 4, p. 183; C. & M. Dig., § 4037; Acts 1931, No. 154, § 2; Pope's Dig., § 5039; A.S.A. 1947, § 35-404.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 6 - MUNICIPAL CORPORATIONS - WATER AND WATER-GENERATED ELECTRIC COMPANIES (§§ 18-15-601 — 18-15-607) › Section 18-15-604 - Petition

(a)
(1)
The municipal corporation or other corporation so intending and desiring to condemn, take, and use the real estate may present to the circuit court in and for the county in which the lands so proposed to be taken, condemned, and used are situated, a petition signed by the president and secretary of the corporation or water association or by the mayor, recorder, or other executive officer of the city, town, or village.
(2)
This petition shall set forth a description of the enterprise to be prosecuted by them and describe with reasonable certainty and by reference to the map or plat, or otherwise, the lands, property, and estate which it will be necessary to appropriate, take, use, overflow, drain, or otherwise affect, setting forth the name of each and every owner, encumbrancer, or other person interested in the lands, property, or estate or any part thereof, so far as it can be ascertained by the public records and by view of the premises or other inquiry touching the occupation thereof.
(b)
In case the 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 any circuit court having jurisdiction in any county in which the whole or a part of the property may be located, and proceedings had in the circuit court will apply to all the property designated in the petition.
(c)
The notice of the filing of the petition and the presentation thereof shall be given to the owners and parties interested as is now prescribed by law for the condemnation of property by railroad, telegraph, and telephone corporations.
(d)
The written notice to the landowner shall include a statement that the owner may request, within twenty (20) days of receipt of the notice, that the corporations or associations shall mark and identify the proposed area of the easement on the landowner's property which is the subject of the eminent domain action, and which shall be done at the expense of the corporation or association.
Acts 1895, No. 126, §§ 5, 6, p. 183; C. & M. Dig., §§ 4038, 4039; Pope's Dig., §§ 5040, 5041; A.S.A. 1947, §§ 35-405, 35-406; Acts 1995, No. 1207, § 2.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 6 - MUNICIPAL CORPORATIONS - WATER AND WATER-GENERATED ELECTRIC COMPANIES (§§ 18-15-601 — 18-15-607) › Section 18-15-605 - Damages - Deposits

(a)
The further proceedings in the matter of assessment of damages and the making of deposits to secure the owner shall be the same as is now prescribed by law in reference to condemnation proceedings by railroad, telegraph, and telephone corporations, except that the measure of damages shall be the fair market value of the condemned property at the time of the filing of the petition by the corporation or water association as may be determined by law.
(b)
In the case of application for orders of immediate possession by the corporation or water association, if the amount awarded by the jury exceeds the amount deposited by the corporation or water association in an amount which is more than twenty percent (20%) of the sum deposited, the landowner shall be entitled to recover the reasonable attorney's fees and costs.
Acts 1895, No. 126, § 6, p. 183; C. & M. Dig., § 4039; Pope's Dig., § 5041; A.S.A. 1947, § 35-406; Acts 1995, No. 1207, § 3; 1999, No. 55, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 6 - MUNICIPAL CORPORATIONS - WATER AND WATER-GENERATED ELECTRIC COMPANIES (§§ 18-15-601 — 18-15-607) › Section 18-15-606 - Appeals

Appeals may be taken by any party interested from the assessment and allotment of damages under the provisions of this subchapter.
Acts 1895, No. 126, § 8, p. 183; C. & M. Dig., § 4041; Pope's Dig., § 5043; A.S.A. 1947, § 35-408.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 6 - MUNICIPAL CORPORATIONS - WATER AND WATER-GENERATED ELECTRIC COMPANIES (§§ 18-15-601 — 18-15-607) › Section 18-15-607 - Tapping of mains and supply pipes, nuisance, and pollution prohibited

A person shall be guilty of a violation and fined for each and every offense in any sum not exceeding one thousand dollars ($1,000) if the person shall:
(1)
Tap the main or supply pipe of any water plant or company without first obtaining the permission of the proper city authorities, corporation, or owner of the water plant;
(2)
Commit nuisance in or near the impounding dam or reservoir of any water plant; or
(3)
Pollute the water or affect its wholesome qualities.
Acts 1895, No. 126, § 7, p. 183; C. & M. Dig., § 4040; Pope's Dig., § 5042; A.S.A. 1947, § 35-407; Acts 1997, No. 315, § 1; 2005, No. 1994, § 93.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 7 - DAMS, MILLS, ETC (§§ 18-15-701 — 18-15-714) › Section 18-15-701 - Findings no bar to prosecution or action under other law - Exception

The inquest of the jury or the order and permission of the court founded thereupon shall not bar any prosecution or action, which any person would have had in law, had this subchapter not been passed, except for such injuries as were actually foreseen and estimated by the jury.
Rev. Stat., ch. 98, § 22; C. & M. Dig., § 3964; Pope's Dig., § 4966; A.S.A. 1947, § 35-522.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 7 - DAMS, MILLS, ETC (§§ 18-15-701 — 18-15-714) › Section 18-15-702 - Penalty

Any person who shall build or raise any dam or any other stoppage or obstruction in or across any watercourse without first obtaining permission from the proper court, according to law, and shall thereby work any material injury to any other person by overflowing his or her lands, shall forfeit to the party injured double damages for the injury, to be recovered in a civil action.
Rev. Stat., ch. 98, § 23; C. & M. Dig., § 3965; Pope's Dig., § 4967; A.S.A. 1947, § 35-523.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 7 - DAMS, MILLS, ETC (§§ 18-15-701 — 18-15-714) › Section 18-15-703 - Nuisance

All dams, stoppages, or obstructions not made according to law shall be deemed to be public nuisances and shall be dealt with accordingly.
Rev. Stat., ch. 98, § 24; C. & M. Dig., § 3966; Pope's Dig., § 4968; A.S.A. 1947, § 35-524.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 7 - DAMS, MILLS, ETC (§§ 18-15-701 — 18-15-714) › Section 18-15-704 - Erection of certain dams permitted

By proceeding as provided in this subchapter, any person may erect a dam across any watercourse not being a navigable stream if the person is the proprietor of the land through which the watercourse runs at the point where he or she proposes to erect his or her dam.
Rev. Stat., ch. 98, § 1; C. & M. Dig., § 3943; Pope's Dig., § 4944; A.S.A. 1947, § 35-501.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 7 - DAMS, MILLS, ETC (§§ 18-15-701 — 18-15-714) › Section 18-15-705 - Petition required

(a)
If a dam is proposed to be erected pursuant to §
18-15-704
, the person proposing to erect the dam, if it is likely to overflow any lands on the stream belonging to other persons, shall file his or her petition for that purpose in the circuit court of the county in which he or she proposes to erect his or her mill or other machinery connected with the dam.
(b)
If a mill or other dam is proposed to be erected near a county line so as to overflow lands in an adjoining county, then the person proposing to erect the dam shall apply to the circuit court of both counties for the relief provided in this subchapter.
(c)
The petitioner shall set forth:
(1)
A description of the land and an abstract of the title thereto;
(2)
The name of the watercourse;
(3)
A description of the point at which he or she proposes to erect his or her dam;
(4)
The altitude of the dam which he or she proposes to erect; and
(5)
The kind of mill and other machinery which he or she proposes to connect with the dam.
Rev. Stat., ch. 98, §§ 3-5; C. & M. Dig., §§ 3945-3947; Pope's Dig., §§ 4946-4948; A.S.A. 1947, §§ 35-503--35-505.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 7 - DAMS, MILLS, ETC (§§ 18-15-701 — 18-15-714) › Section 18-15-706 - Issuance of writ - Inquiry by jury

(a)
(1)
On filing the petition, it shall be the duty of the court to cause a writ of ad quod damnum to be issued under the seal of the court.
(2)
The writ shall be directed to the sheriff, commanding him or her to summon twelve (12) fit persons of his or her county to meet at the place where the mill is proposed to be erected or the land overflowed, on a day named in the writ.
(3)
Then and there, it shall be the duty of the court to inquire by the jury, touching the matter contained in the petition, a copy of which shall accompany the writ.
(b)
It shall be the duty of the sheriff to attend with the jury on the day and at the place appointed, and upon full examination and inquiry by the jury, it shall find:
(1)
What will be the amount of damage to each proprietor by reason of inundation consequent upon the erection of the dam as proposed;
(2)
Whether the dwelling of any proprietor or the outhouses, curtilages, or gardens thereunto immediately belonging, or orchard, will be overflowed thereby;
(3)
Whether, and to what extent, ordinary navigation and the passage of fish will be obstructed by the erection, and whether and by what means the obstructions may be prevented or diminished; and
(4)
Whether the health of the neighborhood will be materially endangered in consequence of the erection.
(c)
The inquest of the jury shall be reduced to writing and, after being signed by each member of the jury, shall be returned by the sheriff together with the writ, and a statement of the manner in which he or she executed it, into the court which issued it, without delay.
Rev. Stat., ch. 98, §§ 7, 8,11; C. & M. Dig., §§ 3949, 3950, 3953; Pope's Dig., §§ 4951, 4952, 4955; A.S.A. 1947, §§ 35-507, 35-508, 35-511.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 7 - DAMS, MILLS, ETC (§§ 18-15-701 — 18-15-714) › Section 18-15-707 - Summons

(a)
Upon the return of the inquest, the court shall cause the proprietor of the land, one (1) acre of which shall have been prayed for, and the several persons, who may be proprietors of the land found by the inquest returned to be liable to damage, to be summoned to appear in the same court on a day to be named in the summons and show cause, if any they can, why the person petitioning should not have permission to erect his or her dam.
(b)
(1)
If the proprietor resides in the county in which the lands lie, the service of the summons shall be as in ordinary cases.
(2)
If the proprietor is not a resident in the county, then the service shall be by setting up a copy at the house of the tenant on the land, or if there is no tenant there, at some conspicuous place on the land.
Rev. Stat., ch. 98, §§ 12, 13; C. & M. Dig., §§ 3954, 3955; Pope's Dig., §§ 4956, 4957; A.S.A. 1947, §§ 35-512, 35-513.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 7 - DAMS, MILLS, ETC (§§ 18-15-701 — 18-15-714) › Section 18-15-708 - Refusal of permit

If upon a view of the inquest returned by the sheriff and other evidence, if any shall be produced, it shall appear to the court that the dwelling of the proprietor, or outhouses, curtilages, or gardens thereunto belonging, or orchards, or fields will be overflowed, or that the health of the neighborhood will be materially annoyed by the stagnation of the waters consequent upon the erection of the proposed dam, then the court shall not permit the dam to be erected.
Rev. Stat., ch. 98, § 14; C. & M. Dig., § 3956; Pope's Dig., § 4958; A.S.A. 1947, § 35-514.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 7 - DAMS, MILLS, ETC (§§ 18-15-701 — 18-15-714) › Section 18-15-709 - Order

(a)
If upon view it shall appear to the court that none of the evils provided against in §
18-15-708
are likely to ensue, the court shall then consider whether, all circumstances weighed, it is reasonable that the permission to erect the dam as prayed for should be given, and thereupon make an order, giving permission or not accordingly.
(b)
The order and decree authorized by subsection (a) of this section and §
18-15-712
and the rights and privileges thereby granted shall, in all cases, be upon and subject to the following conditions:
(1)
Such conditions in reference to the obstructions of the passage of fish as the court shall think proper to impose;
(2)
That all damages and valuations made and assessed by the jury shall be paid; and
(3)
That the dam and mills or other machinery shall be commenced within one (1) year, and they shall be finished and ready for business within three (3) years from the date of the order of permission.
Rev. Stat., ch. 98, §§ 15, 17, 18; C. & M. Dig., §§ 3957, 3959, 3960; Pope's Dig., §§ 4959, 4961, 4962; A.S.A. 1947, §§ 35-515, 35-517, 35-518.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 7 - DAMS, MILLS, ETC (§§ 18-15-701 — 18-15-714) › Section 18-15-710 - Rebuilding or repairing dam and mill

Whenever the dam and mill or other machinery has been destroyed or materially impaired, they shall be rebuilt or repaired within three (3) years thereafter, but if the owner of the dam and mill is an infant, then the usual saving in favor of infants shall be effective.
Rev. Stat., ch. 98, § 19; C. & M. Dig., § 3961; Pope's Dig., § 4963; A.S.A. 1947, § 35-519.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 7 - DAMS, MILLS, ETC (§§ 18-15-701 — 18-15-714) › Section 18-15-711 - Raising of dam

Any owner of any dam and mill, or other machinery erected by virtue of this subchapter, may raise his or her dam by permission of the court, under and by the same proceedings, rules, and conditions provided in this subchapter.
Amended by Act 2019, No. 315,§ 1685, eff. 7/24/2019.
Rev. Stat., ch. 98, § 21; C. & M. Dig., § 3963; Pope's Dig., § 4965; A.S.A. 1947, § 35-521.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 7 - DAMS, MILLS, ETC (§§ 18-15-701 — 18-15-714) › Section 18-15-712 - Erection of dam by owner of land on one side of watercourse

(a)
Any person being the owner in fee simple of the land on one (1) side of a watercourse, including part of the bed of the watercourse at the point where he or she proposes to erect a dam, may erect the dam by proceeding as provided in this subchapter.
(b)
(1)
The person proposing to erect a dam shall also file his or her petition, and in addition to the requisitions of §
18-15-705
, shall set forth the name and place of residence of the proprietor of the land on the other side of the watercourse whereon he or she would abut his or her dam and on what side of the watercourse he or she proposes to erect his or her mill or other machinery in connection with his or her dam.
(2)
The petition shall be filed in the county wherein he or she proposes to erect the mill or other machinery.
(c)
In this case, the sheriff shall further find by the jury the value of one (1) acre of ground on the opposite side of the watercourse, to include the place where the petitioner would abut his or her dam or build his or her mill or other machinery. The sheriff with the assistance of the jury shall set this one (1) acre of ground apart by metes and bounds.
(d)
(1)
The sheriff shall notify the proprietor of the land, whereof one (1) acre is prayed for, of the time and place when and where he or she will take the inquest of the jury, if the proprietor is in his or her county, and, if not, the sheriff shall set up the notice at the house of the tenant of the land. If there is no tenant thereof, then the sheriff shall set up the notice at some conspicuous place on the land.
(2)
In discharging duties pursuant to this subchapter, the sheriff shall have power with the jury to go into and act in an adjoining county when necessary.
(e)
When the party petitioning shall have prayed for one (1) acre of ground whereupon to abut his or her dam, the court shall include in its order granting permission to erect the dam, a decree vesting the acre of land and the title thereof in the party petitioning and his or her heirs and assigns, forever.
(f)
In case of noncompliance with any of the conditions concerning building, rebuilding, or repairing, when the land of another has been decreed by the court for the purpose of an abutment, the land shall revert to and revest in the original owner or his or her legal representatives.
Rev. Stat., ch. 98, §§ 2, 6, 9, 10, 16, 20; C. & M. Dig., §§ 3944, 3948, 3951, 3952, 3958, 3962; Pope's Dig., §§ 4945, 4950, 4953, 4954, 4960, 4964; A.S.A. 1947, §§ 35-502, 35-506, 35-509, 35-510, 35-516, 35-520.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 7 - DAMS, MILLS, ETC (§§ 18-15-701 — 18-15-714) › Section 18-15-713 - Cutting canal through another's land

Where mills or other machinery are proposed to be built, so as to be propelled by water drawn from lakes through canals cut therefrom, and the intended canal will be cut to pass through the land of other persons, the same procedure shall be pursued as in cases of streams.
Rev. Stat., ch. 98, § 26; C. & M. Dig., § 3968; Pope's Dig., § 4970; A.S.A. 1947, § 35-526.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 7 - DAMS, MILLS, ETC (§§ 18-15-701 — 18-15-714) › Section 18-15-714 - Right of third person to build

If any person or his or her legal representatives to whom permission to erect a dam in virtue of this subchapter has been given shall fail to build, rebuild, or repair the dam, together with the mill or other machinery connected therewith, according to the requisitions of this subchapter or the conditions of the permission, it shall be lawful for any other person owning the land on one (1) side of the watercourse at the point where the dam was erected or was intended to be erected, or owning the land below or above, to build a dam and mill or other machinery thereon, as if no permission had been given, without incurring any liability on account of taking off or backing the water on the dam.
Rev. Stat., ch. 98, § 25; C. & M. Dig., § 3967; Pope's Dig., § 4969; A.S.A. 1947, § 35-525.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 8 - NAVIGATION, COAL, AND STONE COMPANIES (§§ 18-15-801 — 18-15-807) › Section 18-15-801 - Navigation companies connecting streams by railroad - Private purchases permitted

Nothing in §§
18-15-802
-
18-15-806
shall prevent a company from making private contracts and purchases of lands from such owners as may be most agreeable to both parties.
Acts 1869 (Adj. Sess.), No. 48, § 10, p. 102; C. & M. Dig., § 1756; A.S.A. 1947, § 35-710.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 8 - NAVIGATION, COAL, AND STONE COMPANIES (§§ 18-15-801 — 18-15-807) › Section 18-15-802 - Navigation companies connecting streams by railroad - Power of eminent domain

(a)
(1)
Any company formed for the purpose of buying or building and owning one (1) or more steamboats, barges, and flatboats to be used in transporting freight and passengers on any river, lake, bayou, or other navigable stream, shall have the right-of-way, not exceeding two hundred feet (200') in width, over any strip of land connecting two (2) navigable streams, lakes, or bodies of water.
(2)
The strip of land shall not be more than five (5) miles in width for the purpose of erecting thereon dirt, plank, or horse railroads, and such other improvements as may be necessary for the convenience and business of the company.
(b)
No other company shall have right-of-way within a less distance than three (3) miles of the way claimed by the company first availing itself of the provisions of this section, §
18-15-801
, and §§
18-15-803
-
18-15-806
.
Acts 1869 (Adj. Sess.), No. 48, § 4, p. 102; C. & M. Dig., § 1750; A.S.A. 1947, § 35-704.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 8 - NAVIGATION, COAL, AND STONE COMPANIES (§§ 18-15-801 — 18-15-807) › Section 18-15-803 - Navigation companies connecting streams by railroad - Petition

Any company desiring to avail itself of the benefits of the right-of-way provided for in this subchapter shall petition the county court, or the judge thereof in vacation, of the county in which any lands are situated and over which a right-of-way is desired to appoint a jury of twelve (12) persons, qualified under the laws of this state to serve on juries, whose duties it shall be to appraise and ascertain the value of any lands over which a right-of-way is desired by any company petitioning, and provided for in this section.
Acts 1869 (Adj. Sess.), No. 48, § 5, p. 102; C. & M. Dig., § 1751; A.S.A. 1947, § 35-705.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 8 - NAVIGATION, COAL, AND STONE COMPANIES (§§ 18-15-801 — 18-15-807) › Section 18-15-804 - Navigation companies connecting streams by railroad - Jury

(a)
When any company shall petition according to the requirements of §
18-15-803
, the county court, or the judge thereof in vacation, shall make an order appointing the jury immediately.
(b)
In the order, the jury shall be directed to ascertain and report to the court or judge, within thirty (30) days from the date of their appointments, the value of any lands which, under the provisions of this subchapter, they may be directed to ascertain.
(c)
The jury, before entering upon the discharge of their duties, shall take an oath that they will, as nearly as may be, ascertain the number of acres of land by them to be appraised, and report the numbers to the court or judge, together with the average value per acre of the land in cash.
Acts 1869 (Adj. Sess.), No. 48, § 6, p. 102; C. & M. Dig., § 1752; A.S.A. 1947, § 35-706.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 8 - NAVIGATION, COAL, AND STONE COMPANIES (§§ 18-15-801 — 18-15-807) › Section 18-15-805 - Navigation companies connecting streams by railroad - Jury report - Payment

(a)
(1)
When any jury reports, as provided in §
18-15-804
, it shall be the duty of the judge to cause the company to be notified that the report has been made.
(2)
If the company shall deposit, within fifteen (15) days after receiving the notice, with the county clerk the full amount of money at which any lands may have been appraised or valued by the jury appointed for that purpose, then the company shall be entitled to the use and possession of the appraised and valued lands.
(b)
However, before the company shall be entitled to the use or possession of any lands as provided in this section, the judge shall make an order that the amount deposited with the clerk shall be paid to the owner or owners of the lands.
Acts 1869 (Adj. Sess.), No. 48, § 7, p. 102; C. & M. Dig., § 1753; A.S.A. 1947, § 35-707.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 15 - EMINENT DOMAIN (§§ 18-15-101 — 18-15-1802) › Subchapter 8 - NAVIGATION, COAL, AND STONE COMPANIES (§§ 18-15-801 — 18-15-807) › Section 18-15-806 - Navigation companies connecting streams by railroad - Order to vest land in petitioner

(a)
When any lands shall have been so appraised and valued, when a due report of the appraisement has been made, and when the amount of money has been deposited with the clerk and ordered to be paid as provided in §
18-15-805
, it shall be the duty of the judge to make an order upon the records of his or her court that the lands so appraised shall vest in and belong to the company petitioning, as provided in §
18-15-803
.
(b)
The order shall contain a description of the lands, the amount at which they were valued by the appraisers, the fact that the amount was deposited with the clerk and ordered to be paid over to the original owner or owners, the date of the deposit and order, the names of the original owner or owners, and the corporate name of the company.
(c)
(1)
When so made and certified by the judge, the order shall be recorded as other deeds of conveyance.
(2)
When so made, certified, and recorded, the order shall operate as, and have in law the effect of, conveyance in fee simple from the original owner or owners to the company of the lands named and described in the order.
Acts 1869 (Adj. Sess.), No. 48, §§ 8, 9, p. 102; C. & M. Dig., §§ 1754, 1755; A.S.A. 1947, §§ 35-708, 35-709.