18-15-1706. Appeals.

Arkansas Code — all titles (historical 2020) · legal_authorities

18-15-1706. Appeals. An appeal from the final judgment of the cause of action in § 18-15-1703 may be taken according to law.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-1706

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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Arkansas Code — all titles (historical 2020) · legal_authorities

18-15-1703. Taking — Application.

18-15-1703. Taking — Application. (a)(1) An owner of real property asserting a taking under this subchapter shall bring a cause of action in circuit court claiming that the implementation of a regulatory program by a governmental unit has permanently reduced by at least twenty percent (20%) the fair market value of the real property. (2) The reduction in the fair market value of the real property shall be determined by comparing the fair market value of the real property as if the regulatory program is not in effect and the fair market value of the real property determined as if the regulatory program is in effect. (3) To assert that a taking has occurred, the regulatory program must have been implemented at the time the owner acquired title or after April 2, 2015, whichever is later. (4) Upon a preponderance of the evidence, the real property shall be deemed to have been taken for the use of the public. (b) A jury shall determine the amount of the difference in fair market value. (c)(1) Upon a finding that real property has been taken for the use of the public, the governmental unit may either: (A) Pay compensation for the reduction in fair market value caused by the regulatory program; or (B) Invalidate all or part of the regulatory program. (2) Compensation is required under this section only when the fair market value of the real property is reduced by at least twenty percent (20%). (3) If a governmental unit elects to pay compensation to the private real property owner under subdivision (c)(1)(A) of this section: (A) The court that rendered the judgment in the lawsuit or the state agency that issued the final order or decision in the case shall withdraw the part of the judgment or final decision or order rescinding the regulatory program; (B)

Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-1703

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 18-15-1703. This identifies an authority to review, not proof of applicability.