Browse Arkansas Code titles and sections
27-67-314. Right of entry.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-67-314. Right of entry.
(a) Upon the filing of the declaration of taking and the deposit with the clerk of the circuit court of the estimated compensation, the State of Arkansas shall thereupon have the right of entry and the parties in possession shall be required to surrender possession to the petitioner, upon such terms as shall be fixed by the court.
(b) If, for any reason, the right of entry is postponed by the court in any case where the party in possession has withdrawn any part of the award, the court may fix a reasonable rental for the premises to be paid by the party to the State of Arkansas during such occupancy.
(c) The court shall also have the power to direct the payment of delinquent taxes and special assessments out of the amount determined to be just compensation, and to make such orders with respect to encumbrances, liens, rents, insurance, and other charges, as shall be just and equitable.
(d) The right to take possession and title in advance of final judgment in condemnation proceedings as provided in §§ 27-67-312 — 27-67-315, 27-67-316(a)-(e), and 27-67-317 — 27-67-319 shall be in addition to any right, power, or authority conferred by the laws of this state under which such proceedings may be conducted and shall not be construed as abrogating, limiting, or modifying any such right, power, or authority.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-67-314
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:27-67-314
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 156cb2376449b08d65a84cb424804e9ff5268425e03e14c6ba98adcfd904af5e
Source location: content.xml paragraph 23449
Stored source content
27-67-314. Right of entry.
(a) Upon the filing of the declaration of taking and the deposit with the clerk of the circuit court of the estimated compensation, the State of Arkansas shall thereupon have the right of entry and the parties in possession shall be required to surrender possession to the petitioner, upon such terms as shall be fixed by the court.
(b) If, for any reason, the right of entry is postponed by the court in any case where the party in possession has withdrawn any part of the award, the court may fix a reasonable rental for the premises to be paid by the party to the State of Arkansas during such occupancy.
(c) The court shall also have the power to direct the payment of delinquent taxes and special assessments out of the amount determined to be just compensation, and to make such orders with respect to encumbrances, liens, rents, insurance, and other charges, as shall be just and equitable.
(d) The right to take possession and title in advance of final judgment in condemnation proceedings as provided in §§ 27-67-312 — 27-67-315, 27-67-316(a)-(e), and 27-67-317 — 27-67-319 shall be in addition to any right, power, or authority conferred by the laws of this state under which such proceedings may be conducted and shall not be construed as abrogating, limiting, or modifying any such right, power, or authority.
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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.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-67-315. Title vests upon deposit.
Immediately upon the making of the deposit provided for in § 27-67-314, title to the lands in fee simple, or a conditional fee if mineral rights are sought to be preserved to the property owner, or a lesser estate or interest therein as is specified in the declaration, shall vest in the persons entitled thereto.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-67-315
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 27-67-315. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-67-316. Condemnation proceedings and judgment.
(a) It shall be the duty of the circuit court to impanel a jury of twelve (12) persons, as in other civil cases, to ascertain the amount of compensation the Arkansas Department of Transportation shall pay.
(b) The matter shall proceed and be determined as in other civil cases.
(c) In all cases of infants or persons of unsound mind, when no legal representative or guardian appears in their behalf at the hearing, it shall be the duty of the court to appoint a guardian ad litem, who shall represent their interest for all purposes.
(d) Compensation shall be ascertained and awarded in the proceeding and established by judgment therein.
(e)(1) Judgment shall include, as a part of the just compensation awarded, interest at the rate of six percent (6%) per annum on the amount finally awarded as the value of the property, from the date of the surrender of possession to the date of payment, but interest shall not be allowed on so much thereof as may have been paid into court.
(2) No sum so paid into court shall be charged with commission or poundage.
(f) All courts and juries in cases of condemnation of lands for rights-of-way for state highways shall take into consideration the fact that lands are required to be assessed at fifty percent (50%) of their true value and shall also take into consideration the fact that owners of automobiles and trucks living miles off a state highway pay the same gasoline and auto license tax as those being fortunate enough to own land adjoining a state highway. Any court or jury considering claims for right-of-way damages shall deduct from the value of any land taken for a right-of-way the benefits of the state highway to the remaining lands of the owner.
(g) All suits involving the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-67-316
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 27-67-316. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-67-317. Payment of award.
(a) Upon the application of any party in interest and upon due notice to all parties, the court may order that the money deposited in the court, or any part thereof, be paid immediately to the person or persons entitled thereto.
(b) If the compensation finally awarded exceeds the amount of money deposited by twenty percent (20%) or more, the court shall enter judgment against the State of Arkansas and in favor of the party entitled thereto for the amount of the deficiency and shall award the party entitled to judgment its costs, expenses, and reasonable attorney's fees incurred in preparing and conducting the final hearing and adjudication, including without limitation the cost of appraisals and fees for experts.
(c) If the compensation finally awarded is less than the amount of money deposited and paid to the persons entitled thereto, the court shall enter judgment in favor of the State of Arkansas and against the proper parties for the amount of the excess.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-67-317
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 27-67-317. This identifies an authority to review, not proof of applicability.