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14-91-308. Failure to obtain rights by agreement.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-91-308. Failure to obtain rights by agreement.
In the event the district shall fail, upon application to the individuals, corporations, railroads, county, or municipality, to secure the needed right-of-way or lands by consent, contract, or agreement or if the owners of them are unknown, uncertain, nonresidents, or under disability, then the district shall have the right to procure the condemnation of the property, lands, rights, privileges, and easements in the manner prescribed in § 14-91-309.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-91-308
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:14-91-308
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2cfb3e2a6beeb7dfecb1bc10ed7518cfae87cadcf99707e0af235055f781c8ee
Source location: content.xml paragraph 24645
Stored source content
14-91-308. Failure to obtain rights by agreement.
In the event the district shall fail, upon application to the individuals, corporations, railroads, county, or municipality, to secure the needed right-of-way or lands by consent, contract, or agreement or if the owners of them are unknown, uncertain, nonresidents, or under disability, then the district shall have the right to procure the condemnation of the property, lands, rights, privileges, and easements in the manner prescribed in § 14-91-309.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-91-309. Eminent domain proceedings.
(a)(1)(A) The circuit judge of any county in which it becomes necessary or desirable for a municipal levee or flood control improvement district to condemn rights-of-way, lands, or structures shall, upon the written application of the district, appoint three (3) resident landowners of the municipality in which the district is located, to be known as appraisers, to assess damages for the appropriation of land for the project.
(B)(i) The appraisers shall hold their offices for a term of one (1) year and until their successors are appointed and qualified.
(ii) Vacancies occurring in the board of appraisers shall be filled by the circuit judge.
(C) The appointment of appraisers shall be made, in writing, by the circuit judge and filed with the circuit clerk and spread by him upon the records of the circuit court.
(2) The appraisers shall take an oath before the circuit clerk that they will make a just and true award of the compensation of any landowner by reason of rights-of-way, lands, or structures taken for the project by condemnation. The oaths shall be reduced to writing, signed by the assessors and spread by the clerk upon the records of the circuit court.
(3) If any appraiser is interested in any property to be condemned, he shall not act as to the property.
(4) The board of improvement of the district may consult with and use the services of the board of appraisers in seeking to acquire needed lands and rights-of-way by consent and deed.
(5) Reasonable compensation to be fixed by the circuit court shall be allowed the appraisers for their services, and the compensation shall be paid by the district.
(b)(1)(A) Whenever any such district deems it necessary to take or use any rights-of-way, land, or structures fo
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-91-309
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-91-309. This identifies an authority to review, not proof of applicability.