Right and power of eminent domain

  1. Law
  2. Arkansas Code
  3. Local Government
  4. Improvement Districts Generally
  5. Property Owners' Improvement Districts
  6. Right and power of eminent domain

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  1. (a)

    1. (1)

      1. (A) All districts organized under this chapter shall have the right of eminent domain in order that they may carry out the purposes of their creation.

      2. (B) A district under this chapter shall not have the right of eminent domain to condemn rights-of-way outside the boundaries of the district.

    2. (2) This right shall be exercised in the same manner as in the case of railroad, telegraph, and telephone companies, but without the necessity of making a deposit of money before entering into possession of the property condemned.

  2. (b) A district shall have the power of eminent domain for the purposes of:

    1. (1) Condemning any water or sewer utility other than a water or sewer utility owned by a municipality or other type of improvement district, including without limitation a municipal improvement district or consolidated utility district, that is found within the boundaries of the district and is exempt from the definition of “public utility” defined under § 23-1-101; and

    2. (2) Securing any lands or rights-of-way needed in making improvements to water or sewer systems owned and operated by that district.

  3. (c)

    1. (1)

      1. (A) The board of the district may enter upon any private property for the purposes stated in subsection (b) of this section.

      2. (B) If the person is damaged and the board of the district cannot agree on the sum to be paid for the damages, the person aggrieved may file his or her other petition in the circuit court of the county setting forth his or her other grievance and asking compensation for the grievance, making the board of the district a party defendant.

      3. (C) The issues in the suit shall be made up as in other cases at law, and the cause shall be tried by a jury, unless dispensed with by the parties.

      4. (D) The case shall be advanced on the docket so as to have precedence over all other causes.

      5. (E)

        1. (i) The judge of the circuit court may hold a special term at any time for the trial of the cause, giving ten (10) days' notice to the parties of the time of holding the special term.

        2. (ii) This notice may be in writing and shall be served on the parties as a writ of summons is directed to be served unless the notice is waived by the parties or one (1) of the parties.

    2. (2)

      1. (A) In case an agreement cannot be arrived at between the board of improvement and the owner of the property in relation to the damages claimed, the judge of the court, in vacation, may fix an amount to be deposited with some person, to be designated by the court, before the entering upon and taking possession of the property to be used and taken as provided in this section.

      2. (B) When the required amount has been deposited and the certificate filed in the cause, the work may proceed.


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