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18-15-807. Packet, coal, and stone companies — Power of eminent domain.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-15-807. Packet, coal, and stone companies — Power of eminent domain.
(a)(1) Any packet company organized under the laws of this state for the purpose of running boats as common carriers upon its navigable waters is given the right of eminent domain to establish landings and loading places upon any of the navigable streams of this state, or upon any creek or bayou emptying thereinto, with the right to deepen and widen the creeks and bayous for a distance not exceeding three (3) miles from their mouths, in order that they may become suitable harbors.
(2) The landing and loading places shall not exceed ten (10) acres in extent at any one (1) place. All steamboats shall have the right to land, load, and unload at the landing places.
(b) Packet companies and also all coal and stone companies are also given the right of eminent domain to condemn a right-of-way not exceeding fifty yards (50 yds.) in width for roads or tram roads, to be built from any navigable stream or creek, or bayou emptying thereinto, to any coal mine or stone quarry, in order that the products of the mines or quarries may be transported to the banks of the navigable rivers or to the creeks or bayous, and the right-of-way may be carried across the right-of-way of any railroad company.
(c) The proceedings for the condemnation of the landing and loading places and rights-of-way shall be, in all things, the same as provided in §§ 18-15-1202 — 18-15-1207.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-15-807
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:18-15-807
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0b7eb593e4ec5713986940f85f17507751f3b4e40f1b2e5a4e5213d13006fe6d
Source location: content.xml paragraph 4220
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18-15-807. Packet, coal, and stone companies — Power of eminent domain.
(a)(1) Any packet company organized under the laws of this state for the purpose of running boats as common carriers upon its navigable waters is given the right of eminent domain to establish landings and loading places upon any of the navigable streams of this state, or upon any creek or bayou emptying thereinto, with the right to deepen and widen the creeks and bayous for a distance not exceeding three (3) miles from their mouths, in order that they may become suitable harbors.
(2) The landing and loading places shall not exceed ten (10) acres in extent at any one (1) place. All steamboats shall have the right to land, load, and unload at the landing places.
(b) Packet companies and also all coal and stone companies are also given the right of eminent domain to condemn a right-of-way not exceeding fifty yards (50 yds.) in width for roads or tram roads, to be built from any navigable stream or creek, or bayou emptying thereinto, to any coal mine or stone quarry, in order that the products of the mines or quarries may be transported to the banks of the navigable rivers or to the creeks or bayous, and the right-of-way may be carried across the right-of-way of any railroad company.
(c) The proceedings for the condemnation of the landing and loading places and rights-of-way shall be, in all things, the same as provided in §§ 18-15-1202 — 18-15-1207.
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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.