Public-domain · open source
OpenJurist

Ark. Code Ann. § 18-15-307

Compensation for and possession of property

Applied in 7 court decisions — leading case City of Benton v. Alcoa Road Storage, Inc. (2017)

Most recently applied in 2019 Ark. App. 522 - Rick A. Blanchard, as Trustee of the Rick A. Blanchard Living Trust Agreement Dated August 18, 1989 v. City of Springdale, Arkansas, a Municipal Corporation Acting by and Through Its Water and Sewer Commission (November 2019)

Acts 1875, No. 1, § 75, p. 1; C. & M

How often courts cite this section

199620002010201920
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) As soon as the amount of compensation that may be due to the owners of the property taken, or to any of them, shall have been ascertained by the jury, the court shall make such order as to its payment or deposit as shall be deemed right and proper in respect to the time and place of payment and the proportion to which each owner is entitled and may require adverse claimants of any part of the money or property to interplead, so as to fully settle and determine their rights and interests according to equity and justice.

(2) The court may direct the time and manner in which possession of the property condemned shall be taken or delivered and may, if necessary, enforce any order giving possession.

(3) The costs occasioned by the assessment shall be paid by the corporation, and, as to the other costs which may arise, they shall be charged or taxed as the court may direct.

(4) No delay in making an assessment of compensation or in taking possession shall be occasioned by any doubt which may arise as to ownership of the property, or any part thereof, or as to the interests of the respective owners.

(5) However, in cases in which ownership of the property is doubted, the court shall require a deposit of the money allowed as compensation for the whole property in dispute.

(6) In all cases, as soon as the corporation has paid the compensation assessed or secured the payment by a deposit of money under the order of the court, possession of the property may be taken and the public work or improvement progress.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.