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18-15-712. Erection of dam by owner of land on one side of watercourse.
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. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:18-15-712
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a9fe236f8e631edbc8ccc7118be60d8c0418e783066ba7a4b3baf589e10dd765
Source location: content.xml paragraph 4144
Stored source content
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 necessary.
(e) When the party petitioning shall have prayed for one (1) acre of ground whereupon to abut his or her dam, the court shall include in its order granting permission to erect the dam, a decree vesting the acre of land and the title thereof in the party petitioning and his or her heirs and assigns, forever.
(f) In case of noncompliance with any of the conditions concerning building, rebuilding, or repairing, when the land of another has been decreed by the court for the purpose of an abutment, the land shall revert to and revest in the original owner or his or her legal representatives.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-705. Petition required.
(a) If a dam is proposed to be erected pursuant to § 18-15-704, the person proposing to erect the dam, if it is likely to overflow any lands on the stream belonging to other persons, shall file his or her petition for that purpose in the circuit court of the county in which he or she proposes to erect his or her mill or other machinery connected with the dam.
(b) If a mill or other dam is proposed to be erected near a county line so as to overflow lands in an adjoining county, then the person proposing to erect the dam shall apply to the circuit court of both counties for the relief provided in this subchapter.
(c) The petitioner shall set forth:
(1) A description of the land and an abstract of the title thereto;
(2) The name of the watercourse;
(3) A description of the point at which he or she proposes to erect his or her dam;
(4) The altitude of the dam which he or she proposes to erect; and
(5) The kind of mill and other machinery which he or she proposes to connect with the dam.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-705
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 18-15-705. This identifies an authority to review, not proof of applicability.