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 12 - RAILROAD, TELEGRAPH, AND TELEPHONE COMPANIES (§§ 18-15-1201 — 18-15-1207) › Section 18-15-1202 - Petition for condemnation

(a)
(1)
Any railroad, telegraph, or telephone company, organized under the laws of this state, after having surveyed and located its lines of railroad, telegraph, or telephone, in all cases in which the companies fail to obtain the right-of-way over the property by agreement with the owner of the property through which the lines of railroad, telegraph, or telephone may be located, shall apply to the circuit court of the county in which the property is situated.
(2)
Application shall be made by petition 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)
(1)
In case the property sought to be condemned for public use is owned by an individual or corporation and is located in more than one (1) county, the petition may be filed in a circuit court having jurisdiction in any county in which the whole or a part of the property is located.
(2)
Proceedings had in the circuit court shall apply to all property designated in the petition.
(c)
However, if the owner of the property is a nonresident of the state, an infant, or person of unsound mind, 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 notice 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 shall be 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)
The petition shall, nearly as may be, describe the lands over which the road is located and for which damages are asked to be assessed, whether improved or unimproved, and be sworn to.
Amended by Act 2021, No. 945,§ 3, eff. 7/28/2021.
Acts 1873, No. 123, §§ 3, 5, p. 290; 1885, No. 107, § 13, p. 176; C. & M. Dig., §§ 3992-3994, 3996; Pope's Dig., §§ 4994-4996, 4998; A.S.A. 1947, §§ 35-201, 35-203; Acts 1999, No. 1236, § 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 12 - RAILROAD, TELEGRAPH, AND TELEPHONE COMPANIES (§§ 18-15-1201 — 18-15-1207) › Section 18-15-1203 - Appointment of guardian ad litem

In all cases of infants or persons with mental illness, 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 1873, No. 123, § 4, p. 290; C. & M. Dig., § 3995; Pope's Dig., § 4997; A.S.A. 1947, § 35-202.
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 18-15-1204 - Assessment of damages by jury

(a)
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 company shall pay. The matter shall proceed and be determined as other civil causes.
(b)
The amount of damages to be paid the owner of the lands for the right-of-way for the use of the company shall be determined and assessed irrespective of any benefit the owner may receive from any improvement proposed by the company.
Acts 1873, No. 123, § 5, p. 290; C. & M. Dig., §§ 3997, 3998; Pope's Dig., §§ 4999, 5000; A.S.A. 1947, § 35-204.
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 18-15-1205 - Payment or deposit of damages and costs

(a)
In all cases in which damages for the right-of-way for the use of any railroad company have been assessed in the manner provided in this subchapter, it shall be the duty of the railroad company to deposit with the court or pay to the owners the amount so assessed and pay such costs as, in the discretion of the court, may be adjudged against it, within thirty (30) days after the assessment.
(b)
After payment, it shall be lawful for the railroad company to enter upon, use, and have the right-of-way over the lands forever.
Acts 1873, No. 123, § 6, p. 290; C. & M. Dig., § 3999; Pope's Dig., § 5001; A.S.A. 1947, § 35-205.
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 18-15-1206 - Deposit upon controversy

(a)
In cases in which the determination of questions in controversy in the proceedings is likely to retard the progress of work on or the business of the railroad company, the court, or judge in vacation, shall designate an amount of money to be deposited by the company, subject to the order of the court, for the purpose of making the compensation, when the amount thereof has been assessed and the judge shall designate the place of the deposit.
(b)
Whenever the deposit has been made, in compliance with the order of the court or judge, it shall be lawful for the company to enter upon the lands and proceed with the company's work through and over the lands in controversy prior to the assessment and payment of damages for the use and right.
Acts 1873, No. 123, § 7, p. 290; C. & M. Dig., §§ 4000, 4001; Pope's Dig., §§ 5002, 5003; A.S.A. 1947, § 35-206.
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 18-15-1207 - Failure to pay or deposit

In all cases in which the company shall not pay or deposit the amount of damages assessed within thirty (30) days after the assessment the company shall forfeit all rights in the premises.
Acts 1873, No. 123, § 7, p. 290; C. & M. Dig., § 4002; Pope's Dig., §§ 5004; A.S.A. 1947, § 35-206.
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 13 - MINERAL OIL, PETROLEUM, NATURAL GAS, AND LUMBER COMPANIES (§§ 18-15-1301 — 18-15-1304) › Section 18-15-1301 - Pipelines and logging and tram roads

(a)
Any corporation organized by virtue of the laws of this state for the purpose of developing and producing mineral oil, petroleum, or natural gas in this state, and marketing it, or transporting or conveying it by means of pipes from the point of production to any other point, either to refine or to market the oil or to conduct the gas to any point to be used for heat or lights and any corporation organized under the laws of this state for the purpose of manufacturing lumber, and which may find it necessary or expedient to lay out and build a logging railroad or tram road at least five (5) miles in length in order to reach its timber may:
(1)
Construct, operate, and maintain a line of pipe for that purpose along and under the public highways and streets of cities and towns with the consent of the authorities thereof; and
(2)
Construct logging roads or tramways over and across the lands of any individual or corporation, or across and under the waters and over any lands of the state and on the lands of individuals, and along, under, or parallel with the rights-of-way of railroads and the turnpikes of this state.
(b)
The ordinary use of the highways, turnpikes, and railroad rights-of-way shall not be obstructed thereby, nor the navigation of any waters impeded. Just compensation shall be paid to the owners of the land, railroad rights-of-way, or turnpikes, by reason of the occupation of the lands, railroads rights-of-ways, or turnpikes by the pipeline or by the log roads.
(c)
The right-of-way for any logging railroad or tram road shall not exceed in width fifty feet (50').
Acts 1905, No. 228, §§ 1, 3, p. 577; C. & M. Dig., §§ 3969, 3971; Acts 1925, No. 103, §§ 1, 2; Pope's Dig., §§ 4971, 4973; A.S.A. 1947, §§ 35-601, 35-603.
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 13 - MINERAL OIL, PETROLEUM, NATURAL GAS, AND LUMBER COMPANIES (§§ 18-15-1301 — 18-15-1304) › Section 18-15-1302 - Right to enter, survey, etc. - Plat or map

(a)
(1)
Whenever a corporation desires to construct a pipeline or build a logging railway upon or under the lands of individuals, or right-of-way of any railroad, or any turnpike, the corporation, by its agents, shall have the right to enter peacefully upon the lands or rights-of-way and survey, locate, and lay out its pipeline, thereon, or tram road or logging road.
(2)
However, the corporation shall be liable for any damages that may result by reason of such acts.
(b)
The corporation shall designate on a plat or map to be made and filed with the county clerk of the county the width of the strip of land needed to be condemned for its purposes, the land's location, and the depth to which the pipes are to be laid.
Acts 1905, No. 228, § 3, p. 577; C. & M. Dig., § 3971; Acts 1925, No. 103, § 2; Pope's Dig., § 4973; A.S.A. 1947, § 35-603.
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 13 - MINERAL OIL, PETROLEUM, NATURAL GAS, AND LUMBER COMPANIES (§§ 18-15-1301 — 18-15-1304) › Section 18-15-1303 - Procedure for condemnation

In the event any company fails, upon application to individuals, railroads, or turnpike companies, to secure the right-of-way by consent, contract, or agreement, then the corporation shall have the right to proceed to procure the condemnation of the property, lands, rights, privileges, and easements in the manner provided by law for taking private property for right-of-way for railroads as provided by §§
18-15-1201
-
18-15-1207
, including the procedure for providing notice by publication and by certified mail in §
18-15-1202
.
Acts 1905, No. 228, § 2, p. 577; C. & M. Dig., § 3970; Pope's Dig., § 4972; A.S.A. 1947, § 35-602; Acts 1999, No. 1236, § 3.
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 13 - MINERAL OIL, PETROLEUM, NATURAL GAS, AND LUMBER COMPANIES (§§ 18-15-1301 — 18-15-1304) › Section 18-15-1304 - Abandonment of logging railroad or tram road

When a logging railroad or tram road is abandoned, the right-of-way shall revert to the owners of the lands over which it crosses.
Acts 1905, No. 228, § 3, p. 577; C. & M. Dig., § 3971; Acts 1925, No. 103, § 2; Pope's Dig., § 4973; A.S.A. 1947, § 35-603.
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 14 - CEMETERIES (§§ 18-15-1401 — 18-15-1408) › Section 18-15-1401 - Right of eminent domain to take land for burial purposes

(a)
All cities of the first class and cities of the second class and incorporated towns, cemetery or burial associations, and persons owning land used for public burial purposes in the State of Arkansas are given and granted the right of eminent domain to condemn, take, and use land for public burial purposes.
(b)
Power of eminent domain granted by this section may also be used to acquire land for the burial of veterans of the United States Armed Forces and their dependents, and the land may be transferred to the United States Department of Veterans Affairs, any other agency of the federal government, or to any other entity for use as a cemetery for veterans of the United States Armed Forces and their dependents.
(c)
All entities granted the power of eminent domain under this section may accept donations from individuals or other legal entities for the purpose of compensating landowners for property acquired by eminent domain.
(d)
The right of eminent domain granted by this section shall be exercised as provided in this subchapter.
Acts 1935, No. 163, § 1; Pope's Dig., § 9965; A.S.A. 1947, § 35-801; Acts 1989, No. 542, § 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 14 - CEMETERIES (§§ 18-15-1401 — 18-15-1408) › Section 18-15-1402 - Consent of two-thirds of members or owners required

No property shall be condemned and taken for public burial purposes by any city of the first class or city of the second class or incorporated town, cemetery or burial association, or persons owning land used for public burial purposes without the concurrence in the bylaws, resolutions, or ordinances directing the same of two-thirds (2/3) of the whole number of members elected to the council of the city or town, or without the consent of two-thirds (2/3) of the members of the cemetery or burial association, and persons owning land used for public burial purposes.
Acts 1935, No. 163, § 2; Pope's Dig., § 9966; A.S.A. 1947, § 35-802.
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 14 - CEMETERIES (§§ 18-15-1401 — 18-15-1408) › Section 18-15-1403 - Application

(a)
When it shall be deemed necessary by the city or town, cemetery or burial association, or persons owning land used for public burial purposes to take private property for burial purposes, an application in writing shall be made to the circuit court of the proper county or the judge thereof in vacation, describing as correctly as may be, the property to be taken and the name of the owner of the land proposed to be condemned and taken.
(b)
(1)
Notice of the time and place of the application shall be given, either personally in the ordinary manner of serving process on the owner of the property or by publishing a copy of the application with a statement of the time and place at which it is to be made for three (3) weeks next preceding the time of application in some newspaper of general circulation in the county.
(2)
The personal service as provided for in this section shall be made at least ten (10) days before the time of application when the owner is a resident of the county where the property is situated.
(3)
The publishing of the notice of application in some newspaper of general circulation in the county where the property is situated shall be legal notice to the owner of the property when the owner is not a resident of the county where the property is situated.
Acts 1935, No. 163, § 3; Pope's Dig., § 9967; A.S.A. 1947, § 35-803.
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 14 - CEMETERIES (§§ 18-15-1401 — 18-15-1408) › Section 18-15-1404 - Setting of time for inquiry

If it shall appear to the court or judge that notice has been served ten (10) days before the time of application, or has been published, and that the notice is reasonably specific and certain, then the court or judge shall set a time for the inquiry into the assessment of compensation by a jury before the court or judge.
Acts 1935, No. 163, § 4; Pope's Dig., § 9968; A.S.A. 1947, § 35-804.
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 14 - CEMETERIES (§§ 18-15-1401 — 18-15-1408) › Section 18-15-1405 - Summoning of jury for inquiry

(a)
A jury shall be summoned for the purpose of making the inquiry in the same manner that petit jurors are summoned in the circuit court for other purposes when the circuit court is regularly in session. If the hearing is before the judge out of term time, then the jury shall be summoned on order of the judge by the sheriff of the county.
(b)
The inquiry and assessment shall be made at the time appointed unless for good cause it is continued to another day to be specified.
Acts 1935, No. 163, § 5; Pope's Dig., § 9969; A.S.A. 1947, § 35-805.
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 14 - CEMETERIES (§§ 18-15-1401 — 18-15-1408) › Section 18-15-1406 - Determination of compensation - Dispute

(a)
The jury shall hear the evidence and determine the amount of compensation to be paid to the owners of the property so condemned.
(b)
(1)
In case of dispute as to the ownership, title, or interest of the property condemned, the amount of compensation determined by the jury may be paid into the court by the city or town, cemetery or burial association, or persons owning land used for public burial purposes.
(2)
The right to the funds so paid in may be determined between the parties making claim thereto and the city or town, cemetery or burial association, or persons owning land used for public burial purposes may proceed to actually take the property after the payment into court as provided in this section.
Acts 1935, No. 163, § 6; Pope's Dig., § 9970; A.S.A. 1947, § 35-806.
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 14 - CEMETERIES (§§ 18-15-1401 — 18-15-1408) › Section 18-15-1407 - Costs

The cost of the condemnation proceedings provided for in this subchapter shall be paid by the city or town, cemetery or burial association, or persons owning land used for public burial purposes instituting the condemnation proceeding, except costs of review or appeal or any other proceeding taken by the owner of the property after the assessment of compensation is made by the jury as provided for in this subchapter.
Acts 1935, No. 163, § 7; Pope's Dig., § 9971; A.S.A. 1947, § 35-807.
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 14 - CEMETERIES (§§ 18-15-1401 — 18-15-1408) › Section 18-15-1408 - Public property

(a)
If a cemetery located on land of a private landowner has been open to public use for a period of at least fifty (50) years, then the cemetery shall be deemed to be public property unless:
(1)
The property has been enclosed by the landowner for at least one (1) year prior to an order of the quorum court providing for the care and management of the cemetery as provided for under subsection (b) of this section; or
(2)
The cemetery has been operated by the landowner for at least one (1) year prior to an order of the quorum court providing for the care and management of the cemetery as provided for under subsection (b) of this section.
(b)
(1)
If, upon the petition of any person, the quorum court determines that a cemetery is public property under this section, the quorum court may issue an order providing for the management and care of the cemetery. The county may manage and care for the cemetery or may enter into an agreement allowing a nonprofit association or corporation to provide for the management and care of the cemetery.
(2)
Upon issuing an order for the management and care of the public property, the quorum court shall notify the landowner of its order, based on the quorum court's finding that the property has become public property, and shall include a copy of the provisions of this section. The notice shall be by certified mail.
(3)
No person or his or her heirs shall have, sue, or maintain any action or suit, either in law or equity, for any cemetery lands more than six (6) months after the person receives the notice required under this section.
(c)
The rights of the public to cemetery property under this section shall be in the nature of an adverse possession. No additional conditions for adverse possession shall be imposed in addition to those provided by this section.
Acts 1995, No. 716, § 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 15 - HOUSING AND URBAN RENEWAL (§§ 18-15-1501 — 18-15-1505) › Section 18-15-1501 - Federal housing projects - Legislative declarations

(a)
It is declared that:
(1)
Unsanitary and unsafe dwelling accommodations exist in various areas of the state and that consequently many persons of low income are forced to reside in such dwelling accommodations;
(2)
These conditions cause an increase in, and spread of, disease and crime and constitute a menace to the health, safety, morals, and welfare of the citizens of the state and impair economic values;
(3)
The clearance, replanning, and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which private property may be acquired; and
(4)
It is in the public interest that work on the projects be instituted as soon as possible in order to relieve unemployment which now constitutes an emergency.
(b)
The necessity in the public interest for the provisions of this subchapter is declared as a matter of legislative determination.
Acts 1935, No. 177, § 1; Pope's Dig., § 5083; A.S.A. 1947, § 35-1301.
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 15 - HOUSING AND URBAN RENEWAL (§§ 18-15-1501 — 18-15-1505) › Section 18-15-1502 - Federal housing projects - Definition

(a)
The term "housing project" whenever used in this section, §
18-15-1501
, and §
18-15-1503
shall mean any undertaking:
(1)
To demolish, clear, remove, alter, or repair unsafe or unsanitary housing; or
(2)
To provide dwelling accommodations for persons of low income.
(b)
The term may also include such buildings and equipment for recreational or social assemblies for educational, health, or welfare purposes and such necessary utilities as are designed primarily for the benefit and use of the occupants of the dwelling accommodations.
Acts 1935, No. 177, § 2; Pope's Dig., § 5084; A.S.A. 1947, § 35-1302.
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 15 - HOUSING AND URBAN RENEWAL (§§ 18-15-1501 — 18-15-1505) › Section 18-15-1503 - Federal housing projects - Right of eminent domain

(a)
(1)
Any corporation which is an agency of the United States of America shall have the right to acquire by eminent domain any real property, including improvements and fixtures thereon, which it may deem necessary for a housing project being constructed, operated, or aided by it or the United States of America.
(2)
Any corporation borrowing money or receiving other financial assistance from the United States of America, or any agency thereof, for the purpose of financing the construction or operation of any housing project, the operation of which will be subject to public supervision or regulation, shall have the right to acquire by eminent domain any real property, including fixtures and improvements thereon, which it may deem necessary for the project.
(3)
A housing project shall be deemed to be subject to public supervision or regulation within the meaning of this section, §
18-15-1501
, and §
18-15-1502
if the rents to be charged are in any way subject to the supervision, regulation, or approval of the United States of America, the state or any of their subdivisions or agencies, or by a housing authority, city, municipality, or county, whether the right to supervise, regulate, or approve is by virtue of any law, statute, contract, or otherwise.
(b)
Any corporate agency of the United States of America or any such corporation, upon the adoption of a resolution declaring that the acquisition of the property described therein is in the public interest and necessary for public use, may exercise the power of eminent domain:
(1)
In the manner now provided for taking private property for rights-of-way for railroads as provided by §§
18-15-1202
-
18-15-1207
;
(2)
In the manner provided for condemnation by municipal corporations and counties as provided by §§
18-15-301
-
18-15-307
; or
(3)
Pursuant to any other applicable statutory provision enacted for the exercise of the power of eminent domain.
Acts 1935, No. 177, § 3; Pope's Dig., § 5085; A.S.A. 1947, § 35-1303.
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 15 - HOUSING AND URBAN RENEWAL (§§ 18-15-1501 — 18-15-1505) › Section 18-15-1504 - Housing authorities - Power of eminent domain

(a)
A housing authority shall have the right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this subchapter after the adoption by it of a resolution declaring that the acquisition of the real property described in it is necessary for those purposes.
(b)
An authority may exercise the power of eminent domain in the manner prescribed in §§
18-15-1202
-
18-15-1207
for condemnation by railroad corporations in this state, or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain.
(c)
(1)
Property already devoted to a public use may be acquired in like manner.
(2)
However, no real property belonging to the city, the county, the state, or any political subdivision thereof may be acquired without its consent.
Acts 1937, No. 298, § 12; Pope's Dig., § 10070; A.S.A. 1947, § 19-3015.
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 15 - HOUSING AND URBAN RENEWAL (§§ 18-15-1501 — 18-15-1505) › Section 18-15-1505 - Urban renewal agencies

(a)
(1)
(A)
From and after the passage of this act, any urban renewal agency in this state created pursuant to the provisions of §§
14-169-601
-
14-169-609
,
14-169-701
-
14-169-713
, and
14-169-801
shall have the power of eminent domain to carry out urban renewal plan objectives.
(B)
The procedure to be followed by the urban renewal agency to acquire property by eminent domain shall be that the board of commissioners shall, by resolution, declare that:
(i)
The acquisition of certain real property is necessary for urban renewal plan objectives which have been approved by the governing body of the municipal government after a public hearing;
(ii)
Negotiations for acquisition have been unsuccessful; and
(iii)
Suit is authorized to condemn the property.
(2)
(A)
An urban renewal agency may exercise the power of eminent domain in the manner prescribed by law for condemnation by railroad corporations in this state as prescribed by §§
18-15-1202
-
18-15-1207
and acts amendatory thereof or supplementary thereto.
(B)
The urban renewal agency may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain.
(b)
It is the intent of this section to affirm the power of urban renewal agencies to exercise the power of eminent domain to acquire real property to carry out urban renewal plan objectives.
Acts 1971, No. 542, §§ 1, 2; A.S.A. 1947, §§ 19-3075, 19-3076.
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 16 - TRACTION COMPANIES (§ 18-15-1601) › Section 18-15-1601 - Authority to condemn

(a)
(1)
Every traction company shall have the right to survey its lines, lay out its road, acquire its right-of-way not exceeding two hundred feet (200') in width, and, where necessary to acquire the right-of-way, shall have the power to enter upon, condemn, and appropriate the lands, rights-of-way, easements, and property of persons, firms, or corporations.
(2)
The method and manner of making the traction company's surveys, laying out its railways, or acquiring its right-of-way, either by contract or condemnation, shall be the same as provided by law in case of the exercise of the right of eminent domain by telegraph, telephone, and railroad companies, under §§
18-15-1201
-
18-15-1207
, and it shall be subject to the same duties and liabilities and have the same rights as prescribed in those sections with reference to railroads.
(b)
However, this section shall not be construed so as to authorize the condemnation of public streets or highways.
Acts 1901, No. 90, § 3, p. 155; C. & M. Dig., §§ 1759, 4042; Pope's Dig., § 5044; A.S.A. 1947, § 35-208.
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 17 - PRIVATE PROPERTY PROTECTION ACT (§§ 18-15-1701 — 18-15-1706) › Section 18-15-1701 - Title

This subchapter shall be known and may be cited as the "Private Property Protection Act".
Added by Act 2015, No. 1002,§ 2, eff. 4/2/2015.
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 17 - PRIVATE PROPERTY PROTECTION ACT (§§ 18-15-1701 — 18-15-1706) › Section 18-15-1702 - Definitions

As used in this subchapter:
(1)
"Fair market value" means the price a willing buyer would pay a willing seller after considering all factors in the marketplace that influence the price of private real property;
(2)
"Governmental unit" means the state and any of its agencies or political subdivisions;
(3)
"Owner" means a person with legal or equitable title to affected private real property at the time a taking occurs;
(4)
"Real property" means real property, the use of which is directly controlled or regulated by a regulatory program;
(5)
(A)
"Regulatory program" means a rule, regulation, law, or ordinance that affects the fair market value of real property.
(B)
"Regulatory program" includes without limitation moratoriums on growth, aesthetic or scenic districts, environmental districts, overlay districts, green space ordinances, landscape ordinances, tree ordinances, land use planning programs, and zoning programs by a governmental unit when the regulatory program is not designed to carry out or protect the adopted plans of a governmental unit that are designed to protect the health, safety, or welfare of the citizens.
(C)
"Regulatory program" does not include a moratorium enacted to give a municipality time to adopt or amend plans and ordinances; and
(6)
"Territorial jurisdiction" means the territorial jurisdiction of a municipality as described in §
14-56-413
.
Added by Act 2015, No. 1002,§ 2, eff. 4/2/2015.
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 17 - PRIVATE PROPERTY PROTECTION ACT (§§ 18-15-1701 — 18-15-1706) › Section 18-15-1704 - Statute of limitations

(a)
(1)
A lawsuit under this subchapter shall be filed by the one-hundred-eightieth day after the date the private real property owner knew or should have known that the regulatory program restricted or limited the owner's right in the private real property.
(2)
The statute of limitations begins upon the final administrative decision implementing the regulatory program affecting the owner's or user's property.
(b)
A program is implemented with respect to an owner's or user's property when actually applied to that property.
Added by Act 2015, No. 1002,§ 2, eff. 4/2/2015.
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 17 - PRIVATE PROPERTY PROTECTION ACT (§§ 18-15-1701 — 18-15-1706) › Section 18-15-1705 - Cumulative remedies

(a)
The remedies provided under this subchapter are not exclusive and are in addition to other procedures or remedies provided by law.
(b)
A person shall not recover under this subchapter and also recover under another law or in an action at common law for the same economic loss.
Added by Act 2015, No. 1002,§ 2, eff. 4/2/2015.
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 17 - PRIVATE PROPERTY PROTECTION ACT (§§ 18-15-1701 — 18-15-1706) › Section 18-15-1706 - Appeals

An appeal from the final judgment of the cause of action in §
18-15-1703
may be taken according to law.
Added by Act 2015, No. 1002,§ 2, eff. 4/2/2015.
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 18 - STATE AGENCIES GENERALLY (§§ 18-15-1801 — 18-15-1802) › Section 18-15-1801 - Administrative warrant

(a)
For the purposes of establishing the basis for the use of eminent domain for the remediation of a blighted property or for the possession of an abandoned property, a state agency may request an administrative warrant from a judge or magistrate to gain access to inspect a building on the property.
(b)
(1)
The judge or magistrate may allow the state agency to present evidence that shows that there is probable cause that a violation occurred, notice of the violation has been served on the owner of the property, the owner has failed to cure the violation, and the owner has denied the state agency access to the building.
(2)
The state agency may use evidence to support a conclusion of probable cause, including without limitation evidence of:
(A)
A recent fire or police inspection;
(B)
Deterioration of the building's exterior; or
(C)
Other violations of the municipal code in the building.
Added by Act 2021, No. 945,§ 4, eff. 7/28/2021.
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 18 - STATE AGENCIES GENERALLY (§§ 18-15-1801 — 18-15-1802) › Section 18-15-1802 - Cause of action

(a)
Unless otherwise agreed by the parties or determined by a court of law, the owner of private property may raise a defense or bring a cause of action in circuit court to determine whether his or her private property is lawfully being taken:
(1)
For a public use;
(2)
As blighted property;
(3)
As abandoned property; or
(4)
As necessary to achieve a public use.
(b)
A state agency has the burden of proof to show by a preponderance of the evidence that the private property is lawfully being taken for the purposes authorized under subsection (a) of this section.
(c)
In a challenge to whether the taking is necessary to achieve a public use, the state agency bears the burden of proving by the preponderance of the evidence that the:
(1)
Land, real estate, premises, or other property the state agency seeks to acquire is required for a public use;
(2)
State agency has plans that reflect a reasonable schedule to complete the public use after the state agency takes ownership of the property;
(3)
State agency has access to funding to complete the public use; and
(4)
Public use cannot be accomplished by using or acquiring other property with the consent of the owner of the property without an unreasonable increase in cost or delay.
(d)
A cause of action under this section shall not be exercised more than one hundred eighty (180) days after the date the owner of the property received reasonable notice of a condemnation under this chapter.
Amended by Act 2021, No. 1044,§ 2, eff. 7/28/2021.
Added by Act 2021, No. 945,§ 4, eff. 7/28/2021.
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 16 - LANDLORD AND TENANT (§§ 18-16-101 — 18-16-509) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-16-101 — 18-16-113) › Section 18-16-101 - Failure to pay rent - Refusal to vacate upon notice - Penalty

(a)
Any person who shall rent any dwelling house or other building or any land situated in the State of Arkansas and who shall refuse or fail to pay the rent therefor when due according to contract shall at once forfeit all right to longer occupy the dwelling house or other building or land.
(b)
(1)
If, after ten (10) days' notice in writing shall have been given by the landlord or the landlord's agent or attorney to the tenant to vacate the dwelling house or other building or land, the tenant shall willfully refuse to vacate and surrender the possession of the premises to the landlord or the landlord's agent or attorney, the tenant shall be guilty of a misdemeanor.
(2)
(A)
Upon conviction before any justice of the peace or other court of competent jurisdiction in the county where the premises are situated, the tenant shall be fined in any sum not less than one dollar ($1.00) nor more than twenty-five dollars ($25.00) for each offense.
(B)
Each day the tenant shall willfully and unnecessarily hold the dwelling house or other building or land after the expiration of notice to vacate shall constitute a separate offense.
Amended by Act 2017, No. 159,§ 2, eff. 8/1/2017.
Acts 1901, No. 122, § 1, p. 193; C. & M. Dig., § 6569; Acts 1937, No. 129, § 1; Pope's Dig., § 8599; A.S.A. 1947, § 50-523; Acts 2001, No. 1733, § 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 16 - LANDLORD AND TENANT (§§ 18-16-101 — 18-16-509) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-16-101 — 18-16-113) › Section 18-16-105 - Termination of oral lease of farmlands

The owner of farmlands that are rented or leased under an oral rental or lease agreement may elect not to renew the oral rental or lease agreement for the following calendar year by giving written notice by certified mail to the renter or lessee on or before June 30 that the oral rental or lease agreement will not be renewed for the following calendar year.
Acts 2009, No. 190, § 1; 2009, No. 815, §§ 1, 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 16 - LANDLORD AND TENANT (§§ 18-16-101 — 18-16-509) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-16-101 — 18-16-113) › Section 18-16-108 - Property left on premises after termination of lease

(a)
Upon the voluntary or involuntary termination of any lease agreement, all property left in and about the premises by the lessee shall be considered abandoned and may be disposed of by the lessor as the lessor shall see fit without recourse by the lessee.
(b)
All property placed on the premises by the tenant or lessee is subject to a lien in favor of the lessor for the payment of all sums agreed to be paid by the lessee.
Acts 1987, No. 577, § 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 16 - LANDLORD AND TENANT (§§ 18-16-101 — 18-16-509) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-16-101 — 18-16-113) › Section 18-16-110 - Landlord's liability arising from alleged defects or disrepair of premises

No landlord or agent or employee of a landlord shall be liable to a tenant or a tenant's licensee or invitee for death, personal injury, or property damage proximately caused by any defect or disrepair on the premises absent the landlord's:
(1)
Agreement supported by consideration or assumption by conduct of a duty to undertake an obligation to maintain or repair the leased premises; and
(2)
Failure to perform the agreement or assumed duty in a reasonable manner.
Acts 2005, No. 928, § 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 16 - LANDLORD AND TENANT (§§ 18-16-101 — 18-16-509) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-16-101 — 18-16-113) › Section 18-16-113 - Hunting and fishing rights - Leased farmland

(a)
(1)
A tenant of leased or rented farmland shall have no right to hunt or fish or grant the right to hunt or fish on the farmland that he or she leases or rents unless the right to hunt or fish or to grant the right to hunt or fish is expressly granted in writing by the owner of the farmland.
(2)
The right to hunt or fish or to grant the right to hunt or fish on farmland shall reside solely with the owner of the farmland.
(b)
The farmland owner's right to hunt or fish on his or her farmland includes without limitation the right to:
(1)
Travel by foot or by any type of vehicle or boat, and by any means on, over, across, and through the farmland, and by any roads, waterways, ditches, levies, rights of way, or easements on or appurtenant to the farmland;
(2)
Move, remove, use, pump, or impound water on, upon, and about the farmland;
(3)
Erect, maintain, and operate permanent or temporary structures, facilities, utilities, pumping systems, blinds, docks, decks, and other similar structures and facilities on the farmland; and
(4)
Grant other persons, natural or artificial, the right, concurrently or exclusively, to engage in and undertake any manner or means of hunting or fishing on, upon, and about the farmland that is leased or rented, whether orally or in writing, and to exercise any and all of the foregoing rights attendant thereto.
Acts 2011, No. 869, § 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 16 - LANDLORD AND TENANT (§§ 18-16-101 — 18-16-509) › Subchapter 3 - SECURITY DEPOSITS (§§ 18-16-301 — 18-16-306) › Section 18-16-301 - Definitions

As used in this subchapter:
(1)
"Dwelling unit" means a structure or the part of the structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household;
(2)
"Landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part;
(3)
"Owner" means one (1) or more persons, jointly or severally, in whom is vested:
(A)
All or part of the legal title to property; or
(B)
All or part of the beneficial ownership and a right to present use and enjoyment of the premises. The term includes a mortgagor in possession;
(4)
"Person" means any individual, firm, partnership, corporation, association, or other organization;
(5)
"Premises" means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant;
(6)
"Rent" means all payments to be made to the landlord under the rental agreement;
(7)
"Rental agreement" means all written or oral agreements and valid rules embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises; and
(8)
"Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.
Amended by Act 2019, No. 315,§ 1688, eff. 7/24/2019.
Acts 1979, No. 531, § 1; A.S.A. 1947, § 50-525.
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 16 - LANDLORD AND TENANT (§§ 18-16-101 — 18-16-509) › Subchapter 3 - SECURITY DEPOSITS (§§ 18-16-301 — 18-16-306) › Section 18-16-302 - Transferee, etc., bound

The transferee, assignee, or other holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this subchapter.
Acts 1979, No. 531, § 5; A.S.A. 1947, § 50-529.
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 16 - LANDLORD AND TENANT (§§ 18-16-101 — 18-16-509) › Subchapter 3 - SECURITY DEPOSITS (§§ 18-16-301 — 18-16-306) › Section 18-16-303 - Exemptions

(a)
This subchapter shall not apply to dwelling units owned by an individual, if the individual, his or her spouse and minor children, and any and all partnerships, corporations, or other legal entities formed for the purpose of renting dwelling units and of which they are officers, owners, or majority shareholders own, or collectively own, five (5) or fewer dwelling units.
(b)
This exemption does not apply to units for which management, including rent collection, is performed by third persons for a fee.
Acts 1979, No. 531, § 6; A.S.A. 1947, § 50-530.
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 16 - LANDLORD AND TENANT (§§ 18-16-101 — 18-16-509) › Subchapter 3 - SECURITY DEPOSITS (§§ 18-16-301 — 18-16-306) › Section 18-16-304 - Maximum amount

A landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of two (2) months periodic rent.
Acts 1979, No. 531, § 2; A.S.A. 1947, § 50-526.
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 16 - LANDLORD AND TENANT (§§ 18-16-101 — 18-16-509) › Subchapter 3 - SECURITY DEPOSITS (§§ 18-16-301 — 18-16-306) › Section 18-16-305 - Refund required - Exceptions

(a)
(1)
Within sixty (60) days of termination of the tenancy, property or money held by the landlord as security shall be returned to the tenant.
(2)
However, the money may be applied to the payment of accrued unpaid rent and any damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement, all as itemized by the landlord in a written notice delivered to the tenant, together with the remainder of the amount due sixty (60) days after termination of the tenancy and delivery of possession by the tenant.
(b)
(1)
The landlord shall be deemed to have complied with subsection (a) of this section by mailing via first class mail the written notice and any payment required to the last known address of the tenant.
(2)
If the letter containing the payment is returned to the landlord and if the landlord is unable to locate the tenant after reasonable effort, then the payment shall become the property of the landlord one hundred eighty (180) days from the date the payment was mailed.
Acts 1979, No. 531, § 3; A.S.A. 1947, § 50-527; Acts 2009, No. 559, § 1.