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18-15-1303. Procedure for condemnation.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-1303. Procedure for condemnation.
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, privileges, and easements in the manner provided by law for taking private property for right-of-way for railroads as provided by §§ 18-15-1201 — 18-15-1207, including the procedure for providing notice by publication and by certified mail in § 18-15-1202.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-1303
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:18-15-1303
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 93296531b60e91aa5953020e4627dba14d916eb83090c1ff5e9137a251c5f218
Source location: content.xml paragraph 4851
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18-15-1303. Procedure for condemnation.
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, privileges, and easements in the manner provided by law for taking private property for right-of-way for railroads as provided by §§ 18-15-1201 — 18-15-1207, including the procedure for providing notice by publication and by certified mail in § 18-15-1202.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-1201. Definition.
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-1201
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 18-15-1201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-1202. Petition for condemnation.
(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 the owner of the property through which the lines of railroad, telegraph, or telephone may be located, shall apply to the circuit court of the county in which the property is situated.
(2) Application shall be made by petition to have the damages for the right-of-way assessed, giving the owner of the property at least ten (10) days' notice in writing by certified mail, return receipt requested, of the time and place where the petition will be heard.
(b)(1) In case the property sought to be condemned is owned by any individual or corporation and is located in more than one (1) county, the petition may be filed in any circuit court having jurisdiction in any county in which the whole or a part of the property may be located.
(2) Proceedings had in the circuit court will apply to all property designated in the petition.
(c) However, if the owner of the property is a nonresident of the state, an infant, or person of unsound mind, notice shall be given as follows:
(1)(A) By publication in any newspaper in the county which is authorized by law to publish legal notices.
(B) The notice shall be published for the same length of time as may be required in other civil causes.
(2) If there is no such newspaper published in the county, then the publication shall be made in some newspaper designated by the circuit clerk, and one (1) written or printed notice thereof shall be posted on the door of the courthouse of the county; and
(3) In writing by certi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-1202
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 18-15-1202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-1207. Failure to pay or deposit.
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-1207
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 18-15-1207. This identifies an authority to review, not proof of applicability.