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27-67-303. Entry for suitability studies.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-67-303. Entry for suitability studies.
(a) The Arkansas Department of Transportation and its agents and employees may enter upon real property and make surveys, examinations, photographs, tests, and samplings, or engage in other activities for the purpose of appraising the property or determining whether it is suitable and within the power of the condemnor to take for public use, if the entry is:
(1) Preceded by reasonable efforts to notify the owner, and any other person known to be in actual physical occupancy of the property, of the time, purpose, and scope of the planned entry and activities;
(2) Undertaken during reasonable daylight hours;
(3) Accomplished peaceably and without inflicting substantial injury; and
(4) Not in violation of any other statute.
(b) The entry and activities authorized by this section do not constitute a trespass in the absence of unnecessary damage occurring in effecting the survey or examination.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-67-303
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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Authority boundary: historical statutory source snapshot not current law.
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Record provenance
Stable record: arkansas_code:legal_authorities:27-67-303
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e472ceb99b5d8d3ee05f757df5b4ce825a15fdb1f24105828ddc724cb3866e73
Source location: content.xml paragraph 23303
Stored source content
27-67-303. Entry for suitability studies.
(a) The Arkansas Department of Transportation and its agents and employees may enter upon real property and make surveys, examinations, photographs, tests, and samplings, or engage in other activities for the purpose of appraising the property or determining whether it is suitable and within the power of the condemnor to take for public use, if the entry is:
(1) Preceded by reasonable efforts to notify the owner, and any other person known to be in actual physical occupancy of the property, of the time, purpose, and scope of the planned entry and activities;
(2) Undertaken during reasonable daylight hours;
(3) Accomplished peaceably and without inflicting substantial injury; and
(4) Not in violation of any other statute.
(b) The entry and activities authorized by this section do not constitute a trespass in the absence of unnecessary damage occurring in effecting the survey or examination.
Cross-references
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