Public-domain · open source
OpenJurist

Ark. Code Ann. § 27-67-320

Acquisition when county court fails to grant petition

Applied in 1 court decision — leading case Arkansas State Highway Commission v. Dotson (1989)

Most recently applied in Arkansas State Highway Commission v. Dotson (December 1989)

Acts 1929, No. 205, §§ 2, 3; Pope's Dig., §§ 6963, 6964; Acts 1941, No. 281, § 1; A.S.A. 1947, §§ 76-511, 76-512.

(1) Where the State Highway Commission petitions any county court asking for right-of-way for any state highway and where the county court fails to grant the petition and to make court order procuring right-of-way within sixty (60) days after the petition is presented, then the commission may take such steps as it deems expedient to acquire right-of-way, either by purchase, exercise of its right of eminent domain, or otherwise.

(2) In that event, one-half (½) of the cost of acquiring the right-of-way shall be deducted from the next payment due any county by reason of any appropriation out of the State Highway Fund or state revenue from gasoline as motor vehicle fuel or auto license tax to the county or county highway fund of the county.

(3) All suits involving the validity of this section or any portion of it shall be deemed matters of public interest and shall be advanced and disposed of at the earliest possible moment, and appeals in such suits must be taken and perfected within thirty (30) days from the date of the judgment or decree.

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.