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Ark. Code Ann. § 18-15-410

Rights of property owner upon entry by municipality

Applied in 3 court decisions — leading case McKenzie

Most recently applied in Charles McKenzie v. City of White Hall (April 1997)

Acts 1957, No. 269, § 11; A.S.A. 1947, § 35-917.

(1) If a municipality shall enter upon property which it has the right to acquire by condemnation proceedings without commencing condemnation proceedings, the owner of the property shall have the right to commence condemnation proceedings against the municipality at any time before an action for the recovery of the property or compensation therefor would be barred by the statute of limitations.

(2) The measure of recovery in the action shall be the fair market value of the property at the time it was entered upon by the municipality.

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.