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 8 - NAVIGATION, COAL, AND STONE COMPANIES (§§ 18-15-801 — 18-15-807) › Section 18-15-807 - Packet, coal, and stone companies - Power of eminent domain

(a)
(1)
Any packet company organized under the laws of this state for the purpose of running boats as common carriers upon its navigable waters is given the right of eminent domain to establish landings and loading places upon any of the navigable streams of this state, or upon any creek or bayou emptying thereinto, with the right to deepen and widen the creeks and bayous for a distance not exceeding three (3) miles from their mouths, in order that they may become suitable harbors.
(2)
The landing and loading places shall not exceed ten (10) acres in extent at any one (1) place. All steamboats shall have the right to land, load, and unload at the landing places.
(b)
Packet companies and also all coal and stone companies are also given the right of eminent domain to condemn a right-of-way not exceeding fifty yards (50 yds.) in width for roads or tram roads, to be built from any navigable stream or creek, or bayou emptying thereinto, to any coal mine or stone quarry, in order that the products of the mines or quarries may be transported to the banks of the navigable rivers or to the creeks or bayous, and the right-of-way may be carried across the right-of-way of any railroad company.
(c)
The proceedings for the condemnation of the landing and loading places and rights-of-way shall be, in all things, the same as provided in §§
18-15-1202
-
18-15-1207
.
Acts 1909, No. 309, §§ 1-3, p. 925; C. & M. Dig., §§ 3973-3975; Pope's Dig., §§ 4975-4977; A.S.A. 1947, §§ 35-701 -- 35-703.
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 9 - PUBLIC LANDINGS (§§ 18-15-901 — 18-15-916) › Section 18-15-901 - Establishment

(a)
All public landings shall be laid out, opened, and established in a manner agreeable to the provisions of this subchapter.
(b)
The county court of each county shall have full power and authority to make and enforce all orders necessary for the establishment of public landings.
Acts 1909, No. 307, § 1, p. 916; C. & M. Dig., § 4058; Pope's Dig., § 5061; A.S.A. 1947, § 35-1001.
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 9 - PUBLIC LANDINGS (§§ 18-15-901 — 18-15-916) › Section 18-15-902 - Notice of petition

(a)
(1)
Previous to any petition being presented for a public landing, notice shall be given by publication in some newspaper published in the county, if there is one.
(2)
If there is no newspaper published in the county, then notice shall be given by advertisement set up in three (3) public places in the township wherein it is sought to establish the public landing, stating the time when the petition is to be presented to the county court and the substance thereof.
(b)
The notice shall be duly authenticated and presented with the petition to the county court.
Acts 1909, No. 307, § 4, p. 916; C. & M. Dig., § 4061; Pope's Dig., § 5064; A.S.A. 1947, § 35-1004.
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 9 - PUBLIC LANDINGS (§§ 18-15-901 — 18-15-916) › Section 18-15-903 - Landing and cotton yard

(a)
Any five (5) or more freeholders residing in any county bordering on the Mississippi River or any other navigable river, bayou, bay, or inlet may petition the county court of that county to cause a lot of ground on the bank of the river, bayou, bay, or inlet to be designated and set apart as a steamboat landing and cotton yard for the use of the public, stating in the petition the name of the owner of the landing proposed to be so taken.
(b)
Any one (1) or more of the signers to the petition shall enter bond, with sufficient security, payable to the State of Arkansas for the use of the county, conditioned that the person or persons making application for the establishment of a public landing shall pay into the treasury of the county the amount of all costs and expenses accruing on the petition and the proceedings thereon.
(c)
(1)
In cases in which the prayer of the petitioners shall not be granted or when proceedings had in pursuance thereof shall not be finally confirmed and established, and on neglect or refusal of the persons so bound, after a liability shall have accrued, to pay into the treasury, according to the tenor of the bond, all costs and expenses that shall have accrued, the clerk of the county court shall deliver the bond to the prosecuting attorney of the district, whose duty it shall be to collect and pay over the bond to the county treasury.
(2)
In all cases of contest, the court having jurisdiction of the case shall have power to render judgment for costs according to justice between the parties.
Acts 1909, No. 307, § 2, p. 916; C. & M. Dig., § 4059; Pope's Dig., § 5062; A.S.A. 1947, § 35-1002.
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 9 - PUBLIC LANDINGS (§§ 18-15-901 — 18-15-916) › Section 18-15-904 - Petition to specify land

All petitions for the laying out and establishment of public landings shall specify the land which is sought to be made a public landing.
Acts 1909, No. 307, § 3, p. 916; C. & M. Dig., § 4060; Pope's Dig., § 5063; A.S.A. 1947, § 35-1003.
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 9 - PUBLIC LANDINGS (§§ 18-15-901 — 18-15-916) › Section 18-15-905 - Appointment and function of viewers

(a)
On presentation of the petition and proof of notice of publication as provided in §
18-15-902
, and the county court being satisfied that proper notice has been given in accordance with the provisions of §
18-15-907
, the court shall appoint three (3) disinterested citizens of the county as viewers.
(b)
The viewers shall be a jury to assess and determine the compensation to be paid in money for the property sought to be appropriated without deduction for benefits to any property of the owner. They shall also assess and determine what damage the owner of the land where the public landing is to be established shall suffer by the establishment of the landing.
Acts 1909, No. 307, § 5, p. 916; C. & M. Dig., § 4062; Pope's Dig., § 5065; A.S.A. 1947, § 35-1005.
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 9 - PUBLIC LANDINGS (§§ 18-15-901 — 18-15-916) › Section 18-15-906 - Order for viewers to proceed

The county court shall issue its order directing viewers to proceed on the day to be named in the order or, on their failure to meet on that date, within five (5) days thereafter, to:
(1)
View, survey, lay out, and establish the public landing;
(2)
Determine whether the public convenience requires that the public landing shall be established; and
(3)
Report what amount of land is required for the public landing, not exceeding three (3) acres.
Acts 1909, No. 307, § 7, p. 916; C. & M. Dig., § 4064; Pope's Dig., § 5067; A.S.A. 1947, § 35-1007.
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 9 - PUBLIC LANDINGS (§§ 18-15-901 — 18-15-916) › Section 18-15-907 - Notice of viewers' meeting

(a)
(1)
It shall be the duty of one (1) of the petitioners to give at least five (5) days' notice in writing to the owners or their agents, if residing within the county.
(2)
If the owner is a minor, an individual with intellectual disabilities, or an individual with mental illness, then a petitioner shall give notice to the guardian of the person, if a resident of the county, on whose land the public landing is proposed to be laid out and established, and also five (5) days' notice to the viewers named in the order of the county court of the time and place of meeting as specified in the order.
(b)
It is further made the duty of the petitioners, if the public landing is proposed to be laid out or established on any land owned by nonresidents of the counties, to cause notice to be given to the nonresidents of the county by publication for two (2) consecutive weeks in some newspaper published in the county. If there is no newspaper published in the county, then notice shall be given to the nonresidents by posting a notice of the time and place of the meeting of the viewers as specified in the order of the county court. Also the substance of the petition for the public landing shall be posted upon the door of the office of the clerk of the county court for at least two (2) weeks before the time fixed for the meeting of the viewers.
Acts 1909, No. 307, § 8, p. 916; C. & M. Dig., § 4065; Pope's Dig., § 5068; A.S.A. 1947, § 35-1008.
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 9 - PUBLIC LANDINGS (§§ 18-15-901 — 18-15-916) › Section 18-15-908 - Proceedings and report of viewers

(a)
(1)
It shall be the duty of the viewers to meet at the time and place specified in the order or within five (5) days thereafter.
(2)
(A)
After taking an oath or affirmation faithfully and impartially to discharge the duties of their appointments respectively, the viewers shall take to their assistance a surveyor and proceed to view, survey, lay out, and establish the public landing as prayed for in the petition, or as near the same as in their opinion a good public landing can be established and maintained at reasonable expense.
(B)
The viewers shall take into consideration the ground, convenience and inconvenience, and expense which will result to individuals as well as to the public if the public landing shall be established as petitioned.
(b)
The viewers shall assess and determine the damages sustained by any person on whose premises the public landing is proposed to be established.
(c)
The viewers shall make and sign a report, in writing, stating their opinion in favor of or against the establishment of the public landing, which shall set forth the reason for their opinion. The report shall:
(1)
Give a description and boundaries of the public landing, so that it can be readily found and located;
(2)
State the value of the property sought to be appropriated for the establishment of the public landing; and
(3)
State the amount of damages if any, and to whom due, which by them have been assessed and which would accrue by the establishment of the public landing.
Acts 1909, No. 307, §§ 9-11, p. 916; C. & M. Dig., §§ 4066-4068; Pope's Dig., §§ 5069-5071; A.S.A. 1947, §§ 35-1009 -- 35-1011.
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 9 - PUBLIC LANDINGS (§§ 18-15-901 — 18-15-916) › Section 18-15-909 - Assistance of viewers by surveyor

The viewers may call a surveyor to assist them in laying out and surveying any public landing that they may be ordered by the court to lay out and establish.
Acts 1909, No. 307, § 6, p. 916; C. & M. Dig., § 4063; Pope's Dig., § 5066; A.S.A. 1947, § 35-1006.
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 9 - PUBLIC LANDINGS (§§ 18-15-901 — 18-15-916) › Section 18-15-910 - Consequences of viewers' report

(a)
On receiving the report of the viewers, the county court shall cause the report to be read publicly upon the second day of the term.
(b)
If no objection shall be made to the report and the court is satisfied that the public landing will be of sufficient importance to the public as to cause the damages and the compensation which have been assessed to be paid by the county, that the assessment is reasonable and just, and that the report of the viewers is favorable thereto, then the court shall order the compensation for the property to be paid to the person entitled thereto from the county treasury, and thenceforth the property shall be considered a public landing.
(c)
But if the court shall be of the opinion that the public landing is not of sufficient public utility for the county to pay the assessed compensation and damages and the petitioners refuse to pay the compensation and damages, then the public landing shall not be declared a public landing, and the costs accruing by reason of the application shall be paid by the petitioners as provided in this subchapter.
(d)
(1)
If the report of the viewers is against the proposed public landing or, if in the opinion of the court, the proposed public landing is not of public utility, then no further proceedings shall be had thereon.
(2)
The obligor in the bond securing costs and expenses shall be liable for the full amount of the costs and expenses.
Acts 1909, No. 307, § 12, p. 916; C. & M. Dig., § 4069; Pope's Dig., § 5072; A.S.A. 1947, § 35-1012.
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 9 - PUBLIC LANDINGS (§§ 18-15-901 — 18-15-916) › Section 18-15-911 - Order to open and maintain landing

After any public landing as provided in this subchapter has been established and declared to be a public landing, the county court shall cause an order to be issued to the overseer of the road district in which the landing is located to open and maintain the landing as a public landing.
Acts 1909, No. 307, § 13, p. 916; C. & M. Dig., § 4070; Pope's Dig., § 5073; A.S.A. 1947, § 35-1013.
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 9 - PUBLIC LANDINGS (§§ 18-15-901 — 18-15-916) › Section 18-15-912 - Review and appeal

The right to have the county court review the proceedings to establish the public landing and the right to appeal from the final decision of the county court shall:
(1)
Be the same as provided by law; and
(2)
Be exercised in the same manner as provided by the statutes and laws of Arkansas for public roads and highways.
Acts 1909, No. 307, § 15, p. 916; C. & M. Dig., § 4072; Pope's Dig., § 5075; A.S.A. 1947, § 35-1015.
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 9 - PUBLIC LANDINGS (§§ 18-15-901 — 18-15-916) › Section 18-15-913 - Public entry, use, and occupation upon order of payment

In all cases in which damages for land proposed to be taken for the establishment of a public landing have been assessed in the manner provided in this subchapter and an order has been made for the payment to the owners of the amount so assessed, then it shall and may be lawful for the public to enter upon, use, and occupy the landing as a public landing.
Acts 1909, No. 307, § 16, p. 916; C. & M. Dig., § 4073; Pope's Dig., § 5076; A.S.A. 1947, § 35-1016.
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 9 - PUBLIC LANDINGS (§§ 18-15-901 — 18-15-916) › Section 18-15-914 - Deposit upon controversy

(a)
When the determination of questions in controversy in these proceedings is liable to inconvenience the public, the county court or the county judge, in vacation, shall designate an amount of money to be deposited by the petitioners, subject to the order of the court, for the purpose of making compensation and paying such damages as may be sustained when the amount thereof shall have been assessed as provided in this subchapter.
(b)
The court shall designate the place of the deposit, but the sum shall be refunded to the petitioners if the public landing is established and paid for out of county funds.
(c)
Whenever deposits have been made in compliance with the order of the court or judge, it shall be lawful for the public, prior to the assessment and payment of damages for the land, to enter upon and use the land as a public landing.
Acts 1909, No. 307, §§ 17, 18, p. 916; C. & M. Dig., §§ 4074, 4075; Pope's Dig., §§ 5077, 5078; A.S.A. 1947, §§ 35-1017, 35-1018.
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 9 - PUBLIC LANDINGS (§§ 18-15-901 — 18-15-916) › Section 18-15-915 - Lease

(a)
The county court may lease a public landing for a term not exceeding three (3) years and the lessee shall transact there only a general receiving and forwarding business.
(b)
In case of a lease, the county court shall fix, with power to alter, the schedules of rates and charges for receiving and forwarding freight. The court shall require of the lessee a bond, payable to the county, in a penalty of not less than five hundred dollars ($500) as shall be proper, conditioned to observe the terms of the lease and to perform the duties imposed on the lessee by law.
(c)
(1)
The lessee shall keep a schedule of rates conspicuously posted on the premises and shall allow all boats to land at the landing and to receive and discharge freight.
(2)
Any failure on the part of the lessee to comply with his or her duties as public landing keeper, or any overcharge of rates, shall subject the lessee and his or her sureties to a penalty of twenty dollars ($20.00) in favor of the party injured, to be recovered in any court having jurisdiction.
(d)
The lease provided in this section shall not abridge the right of any person to forward and receive his or her own freight at the public landing, free of charge.
(e)
Any funds arising from lease of public landings shall be paid into the county treasury and constitute a part of the public road fund for the road district wherein the landing is located.
Acts 1909, No. 307, §§ 14, 19, p. 916; C. & M. Dig., §§ 4071, 4076; Pope's Dig., §§ 5074, 5079; A.S.A. 1947, §§ 35-1014, 35-1019.
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 9 - PUBLIC LANDINGS (§§ 18-15-901 — 18-15-916) › Section 18-15-916 - Fees and expenses

(a)
For each day necessarily employed, to be charged as costs and expenses and paid out of the county treasury, all persons required to render services under the provisions of this subchapter shall receive:
(1)
As viewers or reviewers, one dollar and fifty cents ($1.50) per day;
(2)
As chain carriers or markers, one dollar and fifty cents ($1.50) per day; and
(3)
As surveyors, five dollars ($5.00) per day.
(b)
The amount due to each person and the number of days employed shall be certified under oath by the viewers or reviewers.
(c)
The county shall be reimbursed for the payments so made and for all other necessary expenses incident to proceedings by the petition, as provided in this subchapter.
(d)
The clerk of the county court shall receive the fees as by law he or she may be entitled to, the fees to be taxed as costs and paid as provided in this subchapter.
Acts 1909, No. 307, § 20, p. 916; C. & M. Dig., § 4077; Pope's Dig., § 5080; A.S.A. 1947, § 35-1020.
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 10 - LEVEE AND DRAINAGE DISTRICTS (§§ 18-15-1001 — 18-15-1011) › Section 18-15-1001 - Purpose

It is expressly declared to be the purpose of this section and §§
18-15-1002
-
18-15-1010
to enable levee and drainage districts in the State of Arkansas to acquire rights-of-way, borrow pits, and such other lands or rights as may be necessary for the purpose of extending, relocating, or draining any additional canal or ditch in any existing drainage district and for the purpose of extending, relocating, resetting, and enlarging any levee constructed by any levee district in the State of Arkansas without extending the boundaries of the district and without subjecting the lands of any drainage or levee district to taxation or special assessments because of the benefits that will accrue to the district and the lands therein by reason of the additional improvement contemplated, especially with funds of the United States Government, except such additional assessments as may be required on the lands of the district for the purpose of obtaining money with which to meet the requirements of the federal government in providing rights-of-way, borrow pits, and such other rights as the local agencies may be required to provide or furnish.
Acts 1945, No. 177, § 11; A.S.A. 1947, § 35-1111.
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 10 - LEVEE AND DRAINAGE DISTRICTS (§§ 18-15-1001 — 18-15-1011) › Section 18-15-1002 - Power of eminent domain

(a)
The board of directors or commissioners of any levee or drainage district organized under the laws of the State of Arkansas are authorized and empowered to enter upon, take, and hold any lands or premises whatever, located either within or without the boundaries of the district, whether by purchase, grant, donation, devise, or otherwise, that may be necessary and proper for the location, relocation, construction, repair, or maintenance of any line of levees, drains, canals, or ditches, which may be authorized or necessary for any levee or drainage district to construct or make for the purpose of relieving any levee or land adjacent thereto from injury, want of drainage, or for the construction of any drain, ditch, or canal authorized to be constructed.
(b)
Any district having the authority to construct levees, ditches, drains, or canals is authorized and empowered to cut and remove trees, timber, and other material that may fall or otherwise encumber or endanger the levees, ditches, canals, drains, or any part thereof.
(c)
All levee and drainage districts shall have power to acquire by compromise or by agreement with the owner, or if the owner is a minor, an individual with mental illness, or if the lands belong to the estate of a deceased person, then with the guardian, curator, executor, or administrator, all property and right-of-way required by them.
(d)
(1)
Levee and drainage districts may settle all claims for compensation or damages on account of right-of-way for the construction of levees, ditches, canals, or drains or material for the construction, maintenance, or repair of any levee, drain, canal, or ditch. The executor, administrator, or curator shall be responsible, on his or her bond, for the money or other things received in the settlement.
(2)
In case of a settlement, the owner, curator, administrator, or executor shall have the power to convey to the levee or drainage district the right-of-way, material, or other property so required. This conveyance shall vest the levee or drainage district with the title to the right-of-way or property acquired pursuant to this section.
Acts 1945, No. 177, § 1; A.S.A. 1947, § 35-1101.
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 10 - LEVEE AND DRAINAGE DISTRICTS (§§ 18-15-1001 — 18-15-1011) › Section 18-15-1003 - Appraisers

(a)
(1)
Circuit judges of all counties in which it becomes necessary to condemn right-of-way for the purpose of constructing levees, ditches, drains, or canals, upon the application of the president or secretary of any levee or drainage district, shall appoint three (3) disinterested resident landholders of the county, to be known as appraisers, to assess damages for the appropriation of land for levee and drainage purposes.
(2)
The appraisers shall hold their offices for the term of one (1) year and until their successors are duly appointed and qualified. In the event of a vacancy in the office or the removal by an appraiser from the county for which he or she was appointed, then it shall be the duty of the circuit judge, as soon as notified of the vacancy, to fill the unexpired term of the office by appointment.
(3)
The appointment shall be made in writing by the circuit judge of the county in which it is necessary to construct a levee, ditch, canal, or drain and shall be filed with the circuit court clerk by the judge, who shall record the appointment in a book to be kept by him or her for that purpose.
(b)
(1)
The appraisers shall each take an oath before the clerk of the circuit court in their respective counties that they will make a just and true award of the compensation to be paid any landholder, or other person.
(2)
The oath shall be recorded in the book provided for the record of the appointment of the appraisers and shall authorize the appraisers severally to enter upon the discharge of their respective duties.
(c)
The compensation shall be:
(1)
The cash market value of the lands appropriated or intended to be appropriated for either levee, drain, ditch, or canal purposes;
(2)
The damage resulting to other lands of the same tract or obstruction to natural drainage, not exceeding the cost of artificial drainage, and the inconvenience, if any, of crossing either the levees, ditches, canals, or drains, from one (1) portion of the tract of land to the other; and
(3)
The value of crops and houses on the right-of-way, or the cost of moving the houses.
(d)
(1)
In the event one (1) or more of the appraisers who may be appointed under the provisions of this section shall be interested in any property to be condemned, the interested appraisers shall not act in the condemnation of the property.
(2)
If one (1) or more of the appraisers shall refuse or neglect to act, it shall be the duty of the circuit judge to appoint another appraiser, whose appointment shall be recorded the same as the regular appraiser and who shall take the same oath of office.
Acts 1945, No. 177, § 2; A.S.A. 1947, § 35-1102.
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 10 - LEVEE AND DRAINAGE DISTRICTS (§§ 18-15-1001 — 18-15-1011) › Section 18-15-1005 - Exception - Trial - Injunction

(a)
(1)
If no exception is filed by the owner within ten (10) days after service of summons or within ten (10) days of the last date of the publication of the warning order, or by the levee or drainage district within ten (10) days after award is filed, then it shall be the duty of the clerk of the circuit court to call the court's attention to the award, and failure to file exception thereto after notice having been given as provided.
(2)
Upon this information, the court shall proceed to enter a judgment condemning the property and land for the right-of-way purposes and a judgment in favor of the owner of the land against the levee or drainage district for the amount awarded by the appraisers.
(b)
However, in case exceptions are filed by either party within the time prescribed in this section, it shall be the duty of the clerk to docket the cause.
(c)
The petition originally filed by the levee or drainage district and the award of the appraisers shall constitute all necessary pleadings in the proceedings, and, in case a trial is demanded or requested by either party, the question shall be tried as other common law cases are tried.
(d)
(1)
The owner of the land shall be entitled to recover the:
(A)
Value of the land appropriated or intended to be appropriated;
(B)
Obstruction to natural drainage not to exceed the amount necessary to construct artificial drainage;
(C)
Damage occasioned by the inconvenience of crossing the levee, ditch, canal, or drain from one (1) portion of the land to the other; and
(D)
Value of any crops or houses on the right-of-way or the cost of removing the crops or houses.
(2)
However, whenever any levee or drainage district shall cause any land or property to be appraised, as provided in this section, §§
18-15-1001
-
18-15-1004
, and §§
18-15-1006
-
18-15-1010
, it may enter upon the land and construct the levee, ditch, canal, or drain over and across it without paying the award until such time as the court in any term time shall so order or direct.
(e)
(1)
It shall be the duty of the court or any county, circuit, or district judge to enjoin any owner of land from interfering with the construction of any levee, drain, ditch, or canal after an award has been made for the value of the land until such time as the court having proper jurisdiction shall render a final judgment.
(2)
In case of an appeal from any judgment rendered by the circuit court, the levee or drainage district, upon filing a supersedeas bond with the Clerk of the Supreme Court, shall be entitled to have the owner of the land enjoined from interfering with the construction of any levee, ditch, drain, or canal until the cause can be heard in the Supreme Court.
Acts 1945, No. 177, § 3; 1957, No. 100, § 1; A.S.A. 1947, § 35-1103.
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 10 - LEVEE AND DRAINAGE DISTRICTS (§§ 18-15-1001 — 18-15-1011) › Section 18-15-1006 - Payment of award - Adjudication of claim

(a)
(1)
If no exception shall be taken to the award of the appraisers and no appeal taken from any judgment rendered by the circuit court, then the levee or drainage district seeking to condemn the right-of-way shall pay the award to the person in whose favor the award is made, taking duplicate receipts therefor, one (1) of which shall be attached to the award and filed with the proceedings in the cause.
(2)
However, in the event the owner of the land, material, or property is unknown, or if it is uncertain who he or she is, or if there are conflicting claims to the land or to the award, or any part thereof, then the levee or drainage district shall pay the award to the clerk of the circuit court of the proper county for the owner and take the clerk's receipt from the owner and have it recorded in the book provided for the recording of petitions. The clerk and his or her sureties shall be answerable for the safekeeping of the money.
(b)
(1)
Any claimants to the land may file an application in the circuit court and set up title to the land or property, and after giving notice to all adverse claimants by summons if they are residents of the county, and by warning order if nonresidents of the county or unknown, then the claimants shall have their claim to the money adjudicated and tried as other cases are tried under the rules and practice of the circuit court. Upon a final hearing, the circuit court shall direct a proper disposition of the money.
(2)
The judgment shall be a bar to recovery against the levee or drainage district for any other or further compensation or damages for the construction or maintenance of the levee, ditch, drain, or canal.
Acts 1945, No. 177, § 4; A.S.A. 1947, § 35-1104.
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 10 - LEVEE AND DRAINAGE DISTRICTS (§§ 18-15-1001 — 18-15-1011) › Section 18-15-1007 - Refusal to pay award upon abandonment of line

Any levee or drainage district may refuse to pay the award which may have been made by any board or appraisers provided for in this section, §§
18-15-1001
-
18-15-1006
, and §§
18-15-1008
-
18-15-1010
, or the judgment of any court assessing the damages for right-of-way and may abandon the line and relocate the levee, drain, ditch, or canal without being liable for any award or judgment rendered in any proceeding for the condemnation of right-of-way, except as to the costs.
Acts 1945, No. 177, § 5; A.S.A. 1947, § 35-1105.
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 10 - LEVEE AND DRAINAGE DISTRICTS (§§ 18-15-1001 — 18-15-1011) › Section 18-15-1008 - Appropriation of land without owner's consent

(a)
Whenever the board of directors or commissioners of any levee or drainage district may have appropriated, or shall appropriate, any land for right-of-way for the construction and maintenance of either levees, ditches, canals, or drains, and constructed levees or drains thereon without having procured the consent of the owner of the land to construct the levees or drains or without having procured the right-ofway, either by purchase, donations, or condemnation, the owner, when his or her cause of action has not been barred by the statute of limitations, shall have a cause of action against the board of directors or commissioners for the market value of the land at the time it was actually occupied.
(b)
The owner may also claim such damages for inconveniences of crossing from one (1) portion of the tract, then owned by the party seeking to recover, to the other portion of the tract, as he or she has sustained, and such damages as the owner may have sustained on account of obstruction of natural drainage to the tract of land over which the levee or drain may have been or shall be constructed, not to exceed the cost of constructing artificial drainage.
Acts 1945, No. 177, § 8; A.S.A. 1947, § 35-1108.
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 10 - LEVEE AND DRAINAGE DISTRICTS (§§ 18-15-1001 — 18-15-1011) › Section 18-15-1009 - Limitation on actions and damages

(a)
All actions for the recovery of damages against any levee or drainage district for the appropriation of land or the construction or maintenance of either levees or drains shall be instituted within one (1) year after the construction of the levees or drains, and not thereafter.
(b)
The recovery of damages on account of the construction or maintenance of levees or drains shall be limited and confined to the elements of damage mentioned and provided for in this section, §§
18-15-1001
-
18-15-1008
, and §
18-15-1010
.
Acts 1945, No. 177, §§ 9, 10; A.S.A. 1947, §§ 35-1109, 35-1110.
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 10 - LEVEE AND DRAINAGE DISTRICTS (§§ 18-15-1001 — 18-15-1011) › Section 18-15-1010 - Fees

(a)
The appraisers provided for in this section and §§
18-15-1001
-
18-15-1009
shall be entitled to receive as compensation for viewing and appraising the land and property and making award of the damage therefor the sum of five dollars ($5.00) per day for each day in which the appraisers are actually engaged in this service. The sum shall be paid by the levee or drainage districts, as the case may be.
(b)
(1)
In the event that there are exceptions filed to the award of any board or appraisers, the fees for conducting a trial of the cause shall be the same as are prescribed in ordinary proceedings in the common law court.
(2)
The fees shall be paid by the levee or drainage district in all cases in which the judgment of the circuit court is in excess of the award made by the appraisers. The landowners shall pay the cost accruing when the judgment of the circuit court does not exceed the amount awarded by the appraisers.
Acts 1945, No. 177, §§ 6, 7; A.S.A. 1947, §§ 35-1106, 35-1107.
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 10 - LEVEE AND DRAINAGE DISTRICTS (§§ 18-15-1001 — 18-15-1011) › Section 18-15-1011 - Acquisition of flowage and storage rights and other servitudes

(a)
(1)
Whenever it becomes necessary for any levee or drainage district, or levee and drainage district organized under the laws of the State of Arkansas, to acquire flowage and storage rights and other servitudes upon, over, and across any lands in the construction, operation, and maintenance of any floodway, reservoir, emergency reservoir, spillway, or diversion, then the district shall have the full power and authority to acquire the rights by compromise, settlement, or other agreement with the owner.
(2)
If the owner is a minor or an individual with mental illness or if the land belongs to the estate of a deceased person, then the curator, guardian, executor, or administrator with the approval of the probate division of circuit court shall have the right and power to make the compromise or settlement and to convey to the levee or drainage district the easements or other instruments or agreements covering the flowage and storage rights upon, over, and across any lands embraced in the floodway, reservoir, emergency reservoir, spillway, or diversion. The easements, contracts, or agreements, when so executed, shall vest in the districts the right to use the land for the purposes mentioned and set forth in the easement or contract.
(b)
(1)
If it becomes necessary for any levee or drainage district, or levee and drainage district, to institute condemnation proceedings under Acts 1905, No. 53, and §
14-120-217
, to acquire flowage and storage rights and other rights of servitudes over, upon, and across any lands embraced in any floodway, reservoir, emergency reservoir, spillway, or diversion, then all suits shall be prosecuted in the name of the district. If the district so elects, all lands sought to be condemned for these purposes may be embraced and included in one (1) suit.
(2)
All of the several and respective owners thereof, or other person, firm, or corporation having an interest therein, shall be made parties defendant. It shall not be necessary or required that the district institute independent and separate suits against the several and respective owners of the land and rights sought to be condemned for these purposes.
Acts 1939, No. 83, §§ 1, 2; A.S.A. 1947, §§ 35-1112, 35-1113.
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 11 - IRRIGATION COMPANIES (§§ 18-15-1101 — 18-15-1107) › Section 18-15-1101 - Private property generally

(a)
All corporations organized in this state for the purpose of furnishing water to the public for irrigation of any lands or crops are authorized to exercise the right of eminent domain and 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.
(b)
Whenever a corporation, in the construction of its canals, ditches, drains, conduits, aqueducts, dams, bulkheads, or water gates, or in laying pipes, shall deem it necessary or convenient to condemn, take, use, or occupy private property in the construction of its works or in making new lines of canals or other necessary works, the corporation may condemn, take, and use the private property, first making just compensation for the property, and proceeding as provided in this subchapter.
Acts 1909, No. 87, §§ 1, 2, p. 234; A.S.A. 1947, §§ 35-1201, 35-1202.
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 11 - IRRIGATION COMPANIES (§§ 18-15-1101 — 18-15-1107) › Section 18-15-1102 - Drawing or directing water from watercourse

(a)
Whenever a corporation, in the construction of its system of canals, ditches, drains, conduits, aqueducts, or other means of conducting water, shall deem it necessary, it may, as provided in this subchapter, draw water from any river, lake, or creek by any means which the corporation may provide and, in general, do any act necessary or convenient in accomplishing the purpose contemplated by this subchapter.
(b)
Whenever a corporation shall propose to construct or extend its canals or works, or shall prepare to extend its system of canals or works, so as to connect with any river, lake, creek, or other watercourse, and to direct the water of the river, lake, creek, or other watercourse within or through its system of canals or works, it shall proceed as follows:
(1)
(A)
The corporation shall cause to be made a survey of the lines along which it proposes to construct its canals or other works and of all lands or other property to be affected by the canals or other works, or by flowage, drainage, or otherwise.
(B)
For that purpose, the corporation by its officers or agents may enter upon any land for the purpose of making surveys and measurements or for obtaining any other necessary information relative to the construction or extension of the system of canals or other works, doing no unnecessary damage to the property; and
(2)
After the survey is made and the lines located it shall cause to be made a map showing the location of the lines extension, or improvements, and the lands necessary to be taken for the construction, extension, or improvements, and all lands or other property to be affected by flowage, drainage, or otherwise. The map shall be verified under oath by the surveyor making it as being just and correct as he or she verily believes.
Acts 1909, No. 87, §§ 3, 4, p. 234; A.S.A. 1947, §§ 35-1203, 35-1204.
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 11 - IRRIGATION COMPANIES (§§ 18-15-1101 — 18-15-1107) › Section 18-15-1103 - Condemnation of property upon failure to obtain by consent, contract, or agreement

In the event a corporation fails, upon application to individuals, corporations, or railroad companies to secure rights-of-way for the canals, drains, or other works by consent, contract, or agreement, then the corporation shall have the right to proceed to procure the condemnation of the property, lands, privileges, and easements in the manner prescribed by law for railroads, as provided by §§
18-15-1201
-
18-15-1207
.
Acts 1909, No. 87, § 5, p. 234; A.S.A. 1947, § 35-1205.
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 11 - IRRIGATION COMPANIES (§§ 18-15-1101 — 18-15-1107) › Section 18-15-1104 - Construction across or under railroad

A corporation shall have the right to construct its canals, ditches, drains, conduits, aqueducts, or pipelines across or under any railroad in this state, provided that it does not interfere with the traffic or business of the railroad company or corporation or in any way lessen the safety of transportation over the railroad.
Acts 1909, No. 87, § 6, p. 234; A.S.A. 1947, § 35-1206.
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 11 - IRRIGATION COMPANIES (§§ 18-15-1101 — 18-15-1107) › Section 18-15-1105 - Right-of-way and construction in city and town

(a)
The city council of any city of the first class or city of the second class and the town councils of any incorporated towns shall have power to grant an irrigation corporation the right-of-way through the streets of the city or town, with the right to construct any canal, ditch, drain, conduit, aqueduct, pipeline, dam, bulkhead, water gate, or any other necessary works or improvements in the city or town.
(b)
However, if any property is damaged thereby, the irrigation corporation shall be liable in damages to the owner of the property, and the damages shall be assessed in the manner provided by law for assessing damages for the appropriation of the right-of-way through lands by railroad companies.
Acts 1909, No. 87, § 7, p. 234; A.S.A. 1947, § 35-1207.
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 11 - IRRIGATION COMPANIES (§§ 18-15-1101 — 18-15-1107) › Section 18-15-1106 - Construction and repair of bridges across canals

(a)
(1)
Whenever any irrigation corporation in this state constructs its canals, ditches, conduits, aqueducts, pipeline, or any of its works across any public road or highway, or where any public road or highway crosses any irrigation canal or branches thereof, the irrigation corporation shall be required to build a good and sufficient bridge across the canal or branches thereof. The bridge shall be built under the direction of the county judge of the county in which the road crosses the canal or branch thereof.
(2)
The irrigation corporation shall keep in good repair all approaches to the bridge so that the elevation or depression of the approaches shall be no greater than one perpendicular foot (1') for every five feet (5') of horizontal distance.
(b)
This subchapter shall not apply to the following counties: Ashley, Bradley, Benton, Boone, Carroll, Chicot, Clark, Clay, Columbia, Conway, Crawford, Crittenden, Cross, Dallas, Desha, Drew, Franklin, Garland, Greene, Hempstead, Hot Spring, Howard, Independence, Izard, Johnson, Lafayette, Logan, Lonoke, Madison, Marion, Miller, Mississippi, Monroe, Montgomery, Newton, Ouachita, Phillips, Pike, Polk, Pope, Pulaski, Saline, Scott, Searcy, Sebastian, Union, Van Buren, Washington, White, Woodruff, and Yell.
Acts 1909, No. 87, § 8, p. 234; 1953, No. 159, § 1; 1953, No. 407, § 1; A.S.A. 1947, § 35-1208.
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 11 - IRRIGATION COMPANIES (§§ 18-15-1101 — 18-15-1107) › Section 18-15-1107 - Supply of water to adjacent landowners

(a)
Water shall be supplied to the owners of all lands adjacent to any canal constructed or operated by any such corporation, whenever practicable, upon equal terms and at uniform rates, which shall always be equitable and fair.
(b)
However, this subchapter shall not apply to Arkansas County, and Sections 20, 21, 25, 26, 27, 29, 32, 33, 34, 35, and 36, all in Township Two (2) South, Range Six (6) West, of the Fifth Principal Meridian in Prairie County, Arkansas.
Acts 1909, No. 87, § 9, p. 234; A.S.A. 1947, § 35-1209.
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 12 - RAILROAD, TELEGRAPH, AND TELEPHONE COMPANIES (§§ 18-15-1201 — 18-15-1207) › Section 18-15-1201 - Definition

The words "right-of-way", as used in this subchapter, shall mean all grounds necessary for side tracks, turnouts, depots, workshops, water stations, and other necessary buildings.
Acts 1873, No. 123, § 8, p. 290; C. & M. Dig., § 4003; Pope's Dig., § 5005; A.S.A. 1947, § 35-207.