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18-15-709. Order.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-709. Order.
(a) If upon view it shall appear to the court that none of the evils provided against in § 18-15-708 are likely to ensue, the court shall then consider whether, all circumstances weighed, it is reasonable that the permission to erect the dam as prayed for should be given, and thereupon make an order, giving permission or not accordingly.
(b) The order and decree authorized by subsection (a) of this section and § 18-15-712 and the rights and privileges thereby granted shall, in all cases, be upon and subject to the following conditions:
(1) Such conditions in reference to the obstructions of the passage of fish as the court shall think proper to impose;
(2) That all damages and valuations made and assessed by the jury shall be paid; and
(3) That the dam and mills or other machinery shall be commenced within one (1) year, and they shall be finished and ready for business within three (3) years from the date of the order of permission.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-709
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:18-15-709
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7c56dc3b1b73f62d20793cd39f5997e2b76d7fc78d9c676d2b52b98dea720894
Source location: content.xml paragraph 4122
Stored source content
18-15-709. Order.
(a) If upon view it shall appear to the court that none of the evils provided against in § 18-15-708 are likely to ensue, the court shall then consider whether, all circumstances weighed, it is reasonable that the permission to erect the dam as prayed for should be given, and thereupon make an order, giving permission or not accordingly.
(b) The order and decree authorized by subsection (a) of this section and § 18-15-712 and the rights and privileges thereby granted shall, in all cases, be upon and subject to the following conditions:
(1) Such conditions in reference to the obstructions of the passage of fish as the court shall think proper to impose;
(2) That all damages and valuations made and assessed by the jury shall be paid; and
(3) That the dam and mills or other machinery shall be commenced within one (1) year, and they shall be finished and ready for business within three (3) years from the date of the order of permission.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-708. Refusal of permit.
If upon a view of the inquest returned by the sheriff and other evidence, if any shall be produced, it shall appear to the court that the dwelling of the proprietor, or outhouses, curtilages, or gardens thereunto belonging, or orchards, or fields will be overflowed, or that the health of the neighborhood will be materially annoyed by the stagnation of the waters consequent upon the erection of the proposed dam, then the court shall not permit the dam to be erected.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-708
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 18-15-708. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-712. Erection of dam by owner of land on one side of watercourse.
(a) Any person being the owner in fee simple of the land on one (1) side of a watercourse, including part of the bed of the watercourse at the point where he or she proposes to erect a dam, may erect the dam by proceeding as provided in this subchapter.
(b)(1) The person proposing to erect a dam shall also file his or her petition, and in addition to the requisitions of § 18-15-705, shall set forth the name and place of residence of the proprietor of the land on the other side of the watercourse whereon he or she would abut his or her dam and on what side of the watercourse he or she proposes to erect his or her mill or other machinery in connection with his or her dam.
(2) The petition shall be filed in the county wherein he or she proposes to erect the mill or other machinery.
(c) In this case, the sheriff shall further find by the jury the value of one (1) acre of ground on the opposite side of the watercourse, to include the place where the petitioner would abut his or her dam or build his or her mill or other machinery. The sheriff with the assistance of the jury shall set this one (1) acre of ground apart by metes and bounds.
(d)(1) The sheriff shall notify the proprietor of the land, whereof one (1) acre is prayed for, of the time and place when and where he or she will take the inquest of the jury, if the proprietor is in his or her county, and, if not, the sheriff shall set up the notice at the house of the tenant of the land. If there is no tenant thereof, then the sheriff shall set up the notice at some conspicuous place on the land.
(2) In discharging duties pursuant to this subchapter, the sheriff shall have power with the jury to go into and act in an adjoining county when
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-712
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 18-15-712. This identifies an authority to review, not proof of applicability.