Declaration of taking

  1. Law
  2. Arkansas Code
  3. Transportation
  4. Highways, Roads, And Streets
  5. State Highway System
  6. Acquisition, Condemnation, and Disposition of Property
  7. Declaration of taking

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  1. (a) In any proceeding instituted by and in the name of the State of Arkansas, involving the acquisition of any real property or any interest therein or any easements for public highway purposes, the petitioner may file a declaration of taking at any time before judgment signed by the Director of State Highways and Transportation, or with the condemnation petition, declaring that the real property or any interest therein or any easement is thereby taken for the use of the State of Arkansas.

  2. (b) The declaration of taking shall contain or have annexed thereto the following:

    1. (1) A statement of the authority under which the property or any interest therein or any easement is taken;

    2. (2) A statement of the public use for which such property or any interest therein or any easement is taken;

    3. (3) A description of the property taken or any interest therein or an easement, sufficient for the identification thereof;

    4. (4) A plat showing the property taken or any interest therein or any easement; and

    5. (5) A statement of the amount of money estimated by the acquiring agency to be just compensation for the property taken, or any interest therein or any easement.


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