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27-67-313. Motion to strike declaration of taking.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-67-313. Motion to strike declaration of taking.
(a) In any case in which a declaration of taking has been filed as provided in § 27-67-312, any defendant desiring to raise any question with respect to the validity of the taking shall do so by filing a motion to strike the declaration of taking and dismiss the suit.
(b) The motion shall be made on or before the return day mentioned in the summons or notice of publication, or within twenty (20) days after the filing of the declaration of taking, whichever is later.
(c) Failure to file such motion within the time herein provided shall constitute a waiver of the right of any defendant to challenge the validity of the taking.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-67-313
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:27-67-313
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a09e526427ab340d25529a9c9a8f90ccfd44a19453540ffdd08d38cdee70ed2e
Source location: content.xml paragraph 23442
Stored source content
27-67-313. Motion to strike declaration of taking.
(a) In any case in which a declaration of taking has been filed as provided in § 27-67-312, any defendant desiring to raise any question with respect to the validity of the taking shall do so by filing a motion to strike the declaration of taking and dismiss the suit.
(b) The motion shall be made on or before the return day mentioned in the summons or notice of publication, or within twenty (20) days after the filing of the declaration of taking, whichever is later.
(c) Failure to file such motion within the time herein provided shall constitute a waiver of the right of any defendant to challenge the validity of the taking.
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Arkansas Code — all titles (historical 2020) · legal_authorities
27-67-312. Declaration of taking.
(a) In any proceeding instituted by and in the name of the State of Arkansas, involving the acquisition of any real property or any interest therein or any easements for public highway purposes, the petitioner may file a declaration of taking at any time before judgment signed by the Director of State Highways and Transportation, or with the condemnation petition, declaring that the real property or any interest therein or any easement is thereby taken for the use of the State of Arkansas.
(b) The declaration of taking shall contain or have annexed thereto the following:
(1) A statement of the authority under which the property or any interest therein or any easement is taken;
(2) A statement of the public use for which such property or any interest therein or any easement is taken;
(3) A description of the property taken or any interest therein or an easement, sufficient for the identification thereof;
(4) A plat showing the property taken or any interest therein or any easement; and
(5) A statement of the amount of money estimated by the acquiring agency to be just compensation for the property taken, or any interest therein or any easement.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-67-312
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 27-67-312. This identifies an authority to review, not proof of applicability.