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Ark. Code Ann. § 18-15-605

Damages — Deposits

Applied in 9 court decisions — leading case City of Fort Smith v. Carter (2005)

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 1895, No. 126, § 6, p. 183; C. & M

How often courts cite this section

199720002010201920
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) The further proceedings in the matter of assessment of damages and the making of deposits to secure the owner shall be the same as is now prescribed by law in reference to condemnation proceedings by railroad, telegraph, and telephone corporations, except that the measure of damages shall be the fair market value of the condemned property at the time of the filing of the petition by the corporation or water association as may be determined by law.

(2) In the case of application for orders of immediate possession by the corporation or water association, if the amount awarded by the jury exceeds the amount deposited by the corporation or water association in an amount which is more than twenty percent (20%) of the sum deposited, the landowner shall be entitled to recover the reasonable attorney's fees and costs.

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.