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8-6-715. Eminent domain.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-715. Eminent domain.
(a) In the event that necessary lands needed for the accomplishment of the purposes authorized by this chapter cannot be acquired by negotiation, any regional solid waste management district is authorized to acquire the needed lands by condemnation proceedings under the power of eminent domain.
(b)(1) The proceedings may be exercised in the manner now provided for taking private property for rights-of-way for railroads as set forth in §§ 18-15-1202 — 18-15-1207.
(2) As a part of the proceedings, the district shall file an environmental impact statement with the court.
(c) Nothing in this section shall allow a district to appropriate by eminent domain any property upon which is located a permitted landfill, recycling facility, or incinerator or for which a permit for a landfill, recycling facility, or incinerator is pending.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-715
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:8-6-715
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 000c4ffbc9ed5a98e3d6960fff59b37c7a6989223e9c665696d6e93493ea628d
Source location: content.xml paragraph 5195
Stored source content
8-6-715. Eminent domain.
(a) In the event that necessary lands needed for the accomplishment of the purposes authorized by this chapter cannot be acquired by negotiation, any regional solid waste management district is authorized to acquire the needed lands by condemnation proceedings under the power of eminent domain.
(b)(1) The proceedings may be exercised in the manner now provided for taking private property for rights-of-way for railroads as set forth in §§ 18-15-1202 — 18-15-1207.
(2) As a part of the proceedings, the district shall file an environmental impact statement with the court.
(c) Nothing in this section shall allow a district to appropriate by eminent domain any property upon which is located a permitted landfill, recycling facility, or incinerator or for which a permit for a landfill, recycling facility, or incinerator is pending.
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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.