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18-15-1005. Exception — Trial — Injunction.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-1005. Exception — Trial — Injunction.
(a)(1) If no exception is filed by the owner within ten (10) days after service of summons or within ten (10) days of the last date of the publication of the warning order, or by the levee or drainage district within ten (10) days after award is filed, then it shall be the duty of the clerk of the circuit court to call the court's attention to the award, and failure to file exception thereto after notice having been given as provided.
(2) Upon this information, the court shall proceed to enter a judgment condemning the property and land for the right-of-way purposes and a judgment in favor of the owner of the land against the levee or drainage district for the amount awarded by the appraisers.
(b) However, in case exceptions are filed by either party within the time prescribed in this section, it shall be the duty of the clerk to docket the cause.
(c) The petition originally filed by the levee or drainage district and the award of the appraisers shall constitute all necessary pleadings in the proceedings, and, in case a trial is demanded or requested by either party, the question shall be tried as other common law cases are tried.
(d)(1) The owner of the land shall be entitled to recover the:
(A) Value of the land appropriated or intended to be appropriated;
(B) Obstruction to natural drainage not to exceed the amount necessary to construct artificial drainage;
(C) Damage occasioned by the inconvenience of crossing the levee, ditch, canal, or drain from one (1) portion of the land to the other; and
(D) Value of any crops or houses on the right-of-way or the cost of removing the crops or houses.
(2) However, whenever any levee or drainage district shall cause any land or property to be appraised, as provided
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-1005
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:18-15-1005
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: dc8e85aa25374410b5a06543aadfdb73d268f1b2ec1c75f40d138554e89f8aa6
Source location: content.xml paragraph 4464
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18-15-1005. Exception — Trial — Injunction.
(a)(1) If no exception is filed by the owner within ten (10) days after service of summons or within ten (10) days of the last date of the publication of the warning order, or by the levee or drainage district within ten (10) days after award is filed, then it shall be the duty of the clerk of the circuit court to call the court's attention to the award, and failure to file exception thereto after notice having been given as provided.
(2) Upon this information, the court shall proceed to enter a judgment condemning the property and land for the right-of-way purposes and a judgment in favor of the owner of the land against the levee or drainage district for the amount awarded by the appraisers.
(b) However, in case exceptions are filed by either party within the time prescribed in this section, it shall be the duty of the clerk to docket the cause.
(c) The petition originally filed by the levee or drainage district and the award of the appraisers shall constitute all necessary pleadings in the proceedings, and, in case a trial is demanded or requested by either party, the question shall be tried as other common law cases are tried.
(d)(1) The owner of the land shall be entitled to recover the:
(A) Value of the land appropriated or intended to be appropriated;
(B) Obstruction to natural drainage not to exceed the amount necessary to construct artificial drainage;
(C) Damage occasioned by the inconvenience of crossing the levee, ditch, canal, or drain from one (1) portion of the land to the other; and
(D) Value of any crops or houses on the right-of-way or the cost of removing the crops or houses.
(2) However, whenever any levee or drainage district shall cause any land or property to be appraised, as provided in this section, §§ 18-15-1001 — 18-15-1004, and §§ 18-15-1006 — 18-15-1010, it may enter upon the land and construct the levee, ditch, canal, or drain over and across it without paying the award until such time as the court in any term time shall so order or direct.
(e)(1) It shall be the duty of the court or any county, circuit, or district judge to enjoin any owner of land from interfering with the construction of any levee, drain, ditch, or canal after an award has been made for the value of the land until such time as the court having proper jurisdiction shall render a final judgment.
(2) In case of an appeal from any judgment rendered by the circuit court, the levee or drainage district, upon filing a supersedeas bond with the Clerk of the Supreme Court, shall be entitled to have the owner of the land enjoined from interfering with the construction of any levee, ditch, drain, or canal until the cause can be heard in the Supreme Court.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-1001. Purpose.
It is expressly declared to be the purpose of this section and §§ 18-15-1002 — 18-15-1010 to enable levee and drainage districts in the State of Arkansas to acquire rights-of-way, borrow pits, and such other lands or rights as may be necessary for the purpose of extending, relocating, or draining any additional canal or ditch in any existing drainage district and for the purpose of extending, relocating, resetting, and enlarging any levee constructed by any levee district in the State of Arkansas without extending the boundaries of the district and without subjecting the lands of any drainage or levee district to taxation or special assessments because of the benefits that will accrue to the district and the lands therein by reason of the additional improvement contemplated, especially with funds of the United States Government, except such additional assessments as may be required on the lands of the district for the purpose of obtaining money with which to meet the requirements of the federal government in providing rights-of-way, borrow pits, and such other rights as the local agencies may be required to provide or furnish.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-1001
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 18-15-1001. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-1004. Petition — Appraisal — Summons.
(a) Whenever any levee or drainage district deems it necessary to take, use, or appropriate any right-of-way, land material, or other property for levee, drain, ditch, or canal purposes pursuant to this section, §§ 18-15-1001 — 18-15-1003, and §§ 18-15-1005 — 18-15-1010, or when the right-of-way, land material, or other property has already been entered upon by it or has already been used, taken, or appropriated, then the levee or drainage district, by its president, secretary, attorney, or other authorized agent, may file a petition with the clerk of the circuit court of the county in which the property is situated, describing as near as may be practical the property taken or proposed to be taken and asking that the appraisers make an award to the owners of land or property.
(b)(1) When the petition is filed, a copy of it shall be delivered to each of the appraisers. It shall then be the duty of the appraisers to assemble at some convenient time, enter upon the land or property which has been appropriated or is intended to be appropriated, and ascertain:
(A) The fair market value of the land appropriated, or intended to be appropriated;
(B) The damage which the construction of the levee will cause by the obstruction of natural drainage, not to exceed the cost of artificial drainage; and
(C) The inconvenience of passing over the levee, ditch, drain, or canal or the cost of removing the houses.
(2)(A) The appraisers shall reduce their findings to writing, giving the amount they award:
(i) Per acre for the land appropriated;
(ii) For inconvenience of crossing the levee, ditch, canal, or drain; and
(iii) For the destruction of crops and houses or the cost of removing the houses upon the right-of-way.
(B) The a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-1004
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 18-15-1004. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-1006. Payment of award — Adjudication of claim.
(a)(1) If no exception shall be taken to the award of the appraisers and no appeal taken from any judgment rendered by the circuit court, then the levee or drainage district seeking to condemn the right-of-way shall pay the award to the person in whose favor the award is made, taking duplicate receipts therefor, one (1) of which shall be attached to the award and filed with the proceedings in the cause.
(2) However, in the event the owner of the land, material, or property is unknown, or if it is uncertain who he or she is, or if there are conflicting claims to the land or to the award, or any part thereof, then the levee or drainage district shall pay the award to the clerk of the circuit court of the proper county for the owner and take the clerk's receipt from the owner and have it recorded in the book provided for the recording of petitions. The clerk and his or her sureties shall be answerable for the safekeeping of the money.
(b)(1) Any claimants to the land may file an application in the circuit court and set up title to the land or property, and after giving notice to all adverse claimants by summons if they are residents of the county, and by warning order if nonresidents of the county or unknown, then the claimants shall have their claim to the money adjudicated and tried as other cases are tried under the rules and practice of the circuit court. Upon a final hearing, the circuit court shall direct a proper disposition of the money.
(2) The judgment shall be a bar to recovery against the levee or drainage district for any other or further compensation or damages for the construction or maintenance of the levee, ditch, drain, or canal.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-1006
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 18-15-1006. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-1010. Fees.
(a) The appraisers provided for in this section and §§ 18-15-1001 — 18-15-1009 shall be entitled to receive as compensation for viewing and appraising the land and property and making award of the damage therefor the sum of five dollars ($5.00) per day for each day in which the appraisers are actually engaged in this service. The sum shall be paid by the levee or drainage districts, as the case may be.
(b)(1) In the event that there are exceptions filed to the award of any board or appraisers, the fees for conducting a trial of the cause shall be the same as are prescribed in ordinary proceedings in the common law court.
(2) The fees shall be paid by the levee or drainage district in all cases in which the judgment of the circuit court is in excess of the award made by the appraisers. The landowners shall pay the cost accruing when the judgment of the circuit court does not exceed the amount awarded by the appraisers.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-1010
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 18-15-1010. This identifies an authority to review, not proof of applicability.