27-67-301. Authority to acquire property.
27-67-302. State highway purposes.
27-67-303. Entry for suitability studies.
27-67-304. Use of right-of-way.
27-67-305. Commission discretion as to quantity of property acquired.
27-67-307. Temporary easements.
27-67-308. Authority to compensate - Source of revenue.
27-67-309. Venue for condemnation actions.
27-67-310. Precedence of condemnation proceedings.
27-67-311. Condemnation petition - Notice.
27-67-312. Declaration of taking.
27-67-313. Motion to strike declaration of taking.
27-67-315. Title vests upon deposit.
27-67-316. Condemnation proceedings and judgment.
27-67-318. Hearing on amount of deposit.
27-67-319. Appeal not to delay vesting of title.
27-67-320. Acquisition when county court fails to grant petition.
27-67-321. Sale of surplus highway property.
27-67-322. Reacquisition of surplus property by former owner.
27-67-323. Reacquisition of abandoned land by city or town.
Cross References. Relocation assistance and payments to persons displaced due to project financed with federal funds, § 22-9-701 et seq.
Title to highways not acquired by adverse possession, § 22-1-201.
Preambles. Acts 1929, No. 205 contained a preamble which read:
“Whereas, in many cases land owners are asking for lands required for right-of-ways for state highways, a price far in excess of the value of the lands; and
“Whereas, in a few cases the county courts have refused to procure needed right-of-way .”
Acts 1953, No. 419 contained a preamble which read:
“Whereas, the acquisition of lands and property for State Highway purposes is an important part of the establishment of a State system of highways; and
“Whereas, the pressing need to modernize and improve the existing network of State highways makes necessary the enactment of a simple, direct and more efficient method of acquiring property for such purpose;
“Now, therefore .”
Effective Dates. Acts 1928 (Ex. Sess.), No. 2, § 8: approved Oct. 3, 1928. Emergency clause provided: “It is ascertained and declared that the construction of the state highways, and the due administration of the state highway department, is being injuriously affected by frivolous and groundless suits, and that the immediate operation of this act is essential for the protection of the State. An emergency is therefore declared, and this act shall take effect and be in force from and after its passage.”
Acts 1929, No. 205, § 4: approved Mar. 27, 1929. Emergency clause provided: “It is hereby ascertained and declared that the inability to secure right-of-ways for state highways and excessive cost thereof is delaying the completion of our state highway system; that the improving of our state highway system is necessary for the safety of the traveling public, so that the immediate operation of this act is essential for the protection of the public safety and an emergency is therefore declared and this act shall take effect and be in force from and after its passage.”
Acts 1933, No. 124, § 3: Mar. 18, 1933. Emergency clause provided: “Such lands now owned by the Highway Department of the State of Arkansas, for its use and benefit being an unnecessary expense, and the State Highway funds being so depleted as to make it necessary to turn such assets into cash for the benefit of the State's Highway Department, and same being necessary for the immediate preservation of the public peace, health and safety, an emergency is hereby declared to exist and this act shall be in full force and effect from and after its passage and approval.”
Acts 1955, No. 87, § 3: Feb. 21, 1955. Emergency clause provided: “It is hereby determined by the General Assembly that the present law relative to the acquiring of highway rights-of-way has worked an undue hardship upon the various counties of this State and that immediate action is necessary to correct such situation in order that the highway construction program of this state might be officially expanded. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1963, No. 99, § 2: Feb. 28, 1963. Emergency clause provided: “It is hereby found and declared by the General Assembly of the State of Arkansas that in a number of highway condemnation cases in the courts where the State deposits money as estimated just compensation for the landowners, and the court orders an additional deposit and permits the landowner to withdraw and use the additional deposit, the State Highway Department may suffer a loss of some of these funds in cases where the final award is less than the deposit of money in court, because of the possible inability of the landowner to repay the State the difference in such cases. Therefore an emergency is declared to exist and this act being necessary for the preservation of public peace, health and safety, shall take effect and be in force from the date of its approval.”
Acts 1979, No. 894, § 2: Apr. 16, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that statutory authorization for the entry on private property for the necessary purposes of precondemnation surveys and appraisals has been granted to numerous private corporations possessing the power of eminent domain, but that the Arkansas State Highway and Transportation Department does not have a specific statutory authorization for such a peaceable, good faith entry for such necessary surveys before the institution of any formal condemnation proceedings. This disparity in the law creates confusion and the resultant lack of uniformity creates a resultant inequity placed upon public condemnors. Therefore an emergency is hereby declared to exist, and this Act, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”
Acts 2007, No. 562, § 2: Mar. 28, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that economic development, industrial growth and the continuation of rail service must be promoted in economically distressed areas of the state by establishing procedures pursuant to which the State Highway Commission can approve the transfer, by gift or contract, to a regional intermodal facilities authority, a metropolitan port authority, or a planning and development district, or surplus rail and other track material purchased by the Arkansas State Parks, Recreation, and Travel Commission or the Department of Parks and Tourism or both partly through the use of federal Transportation Enhancement Funds granted by the State Highway Commission; and this act is necessary to accomplish these essential goals. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”
Research References
Ark. L. Rev.
Condemnation of Leased Property in Arkansas, 14 Ark. L. Rev. 326.
Case Notes
Jurisdiction Over Condemnation Proceedings.
Jurisdiction Over Condemnation Proceedings.
Where the State Highway Commission satisfied the requirements of this subchapter and paid an estimated deposit under § 27-67-314 in connection with its taking of property, the circuit court had jurisdiction of the condemnation proceeding, and where no showing was made that fraud or collusion was involved, the judgment was not void. Arkansas State Hwy. Comm'n v. Coffelt, 301 Ark. 112, 782 S.W.2d 45 (1990).