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18-15-504. Petition for assessment of damages.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-504. Petition for assessment of damages.
(a) If an electric utility, having surveyed and located its line under the power conferred by this section, §§ 18-15-501 — 18-15-503, and §§ 18-15-505 — 18-15-509, fails to obtain, by agreement with the owner of the property through which the line may be located, the right-of-way over the property, it may apply by petition to the circuit court of the county in which the property is situated 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) In case 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 the circuit court of any county in which the whole or a part of the property may be located, and proceedings had therein will apply to all property designated in the petition.
(c) If the owners of the property are nonresidents of the state, infants, or persons of unsound mind, the 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 notices 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 posted on the door of the courthouse of the county; and
(3) In writing by certified mail, return receipt requested, to the address of the owners of the property as it appears on the records in the office of the county sher
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-504
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:18-15-504
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4e2e0cb04d11094d540f9295a8712a4198dd49b838e5331a5cf4511dc367be6f
Source location: content.xml paragraph 3812
Stored source content
18-15-504. Petition for assessment of damages.
(a) If an electric utility, having surveyed and located its line under the power conferred by this section, §§ 18-15-501 — 18-15-503, and §§ 18-15-505 — 18-15-509, fails to obtain, by agreement with the owner of the property through which the line may be located, the right-of-way over the property, it may apply by petition to the circuit court of the county in which the property is situated 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) In case 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 the circuit court of any county in which the whole or a part of the property may be located, and proceedings had therein will apply to all property designated in the petition.
(c) If the owners of the property are nonresidents of the state, infants, or persons of unsound mind, the 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 notices 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 posted on the door of the courthouse of the county; and
(3) In writing by certified mail, return receipt requested, to the address of the owners of the property as it appears on the records in the office of the county sheriff or county tax assessor for the mailing of statements of taxes, as provided in § 26-35-705.
(d) As nearly as may be, the petition shall describe the lands over which the right-of-way is located and for which damages are asked to be assessed, whether improved or unimproved, and be sworn to.
(e)(1) An electric utility shall not be required to petition a court in order to provide broadband services over its own lines of wire, cables, poles, or other structures that are in service at the time that the electric utility provides broadband services over the lines of wire, cables, poles, or other structures.
(2) An owner of property upon which an electric utility's lines of wire, cables, poles, or other structures are located may petition the circuit court of the county in which the property is situated for any compensation to which it might be entitled under this subchapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-501. Right-of-way construed.
The right-of-way provided for under this section and §§ 18-15-502 — 18-15-509 shall be construed to include all lands necessary for dams and the backwater resulting therefrom, levees, approaches, abutments, canals, reservoirs, powerhouses, and other purposes incident to the business of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or for public use by an electric utility, as defined in § 18-15-512.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-501
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 18-15-501. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-503. Powers.
(a)(1)(A) An electric utility organized or domesticated under the laws of this state for the purpose of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or for public use may construct, operate, and maintain such lines of wire, cables, poles, or other structures necessary for the transmission or distribution of electricity and broadband services:
(i) Along and over the public highways and the streets of the cities and towns of the state;
(ii) Across or under the waters of the state;
(iii) Over any lands or public works belonging to the state;
(iv) On and over the lands of private individuals or other persons;
(v) Upon, along, and parallel to any railroad or turnpike of the state; and
(vi) On and over the bridges, trestles, and structures of railroads.
(B) In constructing such dams as the electric utility may be authorized to construct for the purpose of generating electricity by water power, the electric utility may flow the lands above the dams with backwater resulting from construction.
(2)(A) However, the ordinary use of the public highways, streets, works, railroads, bridges, trestles, or structures and turnpikes shall not be obstructed, nor the navigation of the waters impeded, and just damages shall be paid to the owners of such lands, railroads, and turnpikes.
(B) The permission of the proper municipal authorities shall be obtained for the use of the streets.
(b)(1) In the event that an electric utility, upon application to the individual, railroad, turnpike company, or other persons, should fail to secure by consent, contract, or agreement, a right-of-way for the purposes enumerated in subsection (a) of this section, then the electric utility shall have the right
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-503
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 18-15-503. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-505. Appointment of guardian ad litem.
In case of infants or persons of unsound mind, when no legal representative or guardian appears in their behalf at the hearing, it shall be the duty of the court to appoint a guardian ad litem who shall represent their interests for all purposes.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-505
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 18-15-505. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-509. Destruction or injury to company property.
A person who destroys or injures the wire, cable, pole, dam, reservoir, canal, power house, machinery, or appliances therein of the electric utility is guilty of a misdemeanor and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) and imprisoned in the county jail for a period of not less than ten (10) days nor more than six (6) months.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-509
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 18-15-509. This identifies an authority to review, not proof of applicability.