Title 18, Property

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.

(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…

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.

(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…

(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…

(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 …

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.

(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,…

(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…

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, privi…

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.

(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 l…

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, resol…

(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…

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 compen…

(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…

(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…

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 othe…

(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…

(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 an…

(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. (1) To demoli…

(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 …

(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…

(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.(…

(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 l…

This subchapter shall be known and may be cited as the “Private Property Protection Act”.

(1) 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 …

(a) (1) An owner of real property asserting a taking under this subchapter shall bring a cause of action in circuit court claiming that the implementation of a regulatory program by a governmental unit has permanently reduced by at least twenty percent (20%) the fair market value…

(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 lim…

(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.…

An appeal from the final judgment of the cause of action in § 18-15-1703 may be taken according to law.

(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 buil…

(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 …

(a) (1) The right of eminent domain is granted to municipal corporations and to counties to condemn property for the purpose of parks, boulevards, and public buildings.(2) In case of municipal corporations, the parks and boulevards may be situated at a distance of not exceeding f…

(a) (1) In addition to the purposes for which counties are now authorized to exercise the power of eminent domain, counties are authorized to exercise that power for the purpose of acquiring property for water facilities and sewer facilities.(2) The counties shall exercise their …

(a) The right and power of eminent domain is conferred upon municipal corporations to enter upon, take, and condemn private property for the construction of wharves, levees, parks, squares, market places, or other lawful purposes. (b) (1) For waterworks systems, it shall be no ob…

(a) There shall be included in the award of compensation and damages for taking land occupied by a cemetery the reasonable cost of a new site of at least equal size. The new site shall be approved by the State Board of Health and also by the circuit court in which the condemnatio…

(a) (1) When it shall be deemed necessary by any municipal corporation to enter upon or take private property for a permitted purpose, an application in writing shall be made to the circuit court of the proper county, or the judge thereof in vacation, describing as correctly as m…

(a) If it appears to the court or judge that notice has been served ten (10) days before the time of application, or has been published as provided, and that the notice is reasonably specific and certain, then the court or judge may set a time for the inquiry into and assessment …

(a) The assessment shall be made on each lot or parcel of land separately and distributed to the owner of each tract, according to their true interest and ownership, on the order of the court. (b) (1) In case of dispute as to interest, title, or ownership, the money allowed there…

(a) The jury shall be sworn to make the whole inquiry and assessment but may be allowed to return a verdict, as to part, and be discharged as to the rest, at the discretion of the court. (b) In case the jury shall be discharged from rendering a judgment in whole or in part, anoth…

(a) As soon as the amount of compensation that may be due to the owners of the property taken, or to any of them, shall have been ascertained by the jury, the court shall make such order as to its payment or deposit as shall be deemed right and proper in respect to the time and p…

(a) In the event of the condemnation by a competent authority, for any public use or purpose, of all or substantially all of any land, buildings, or facilities acquired or constructed in whole or in part with the proceeds of revenue bonds issued under the provisions of the Munici…

(a) In addition to the purposes for which municipalities are now authorized to exercise the power of eminent domain, cities of the first class and cities of the second class are authorized to exercise such power for the purpose of acquiring real property or interests in real prop…

(a) A municipality operating a waterworks system under the provisions of this subchapter shall have the right to acquire any property useful for municipal waterworks purposes by following the eminent domain proceedings set forth in this subchapter. (b) A municipality's right of e…

For the purpose of making investigations, surveys, tests, and measurements, a municipality is authorized to enter upon any property by its agents, employees, or contractors. However, the municipality shall be liable for any damages to the owner's property resulting from its acts.