2015 Arkansas Code
Title 14 - Local Government
Subtitle 12 - Public Utilities Generally
Chapter 200 - Municipal Authority over Utilities
§ 14-200-105 - Acceptance of permit as consent to future sale.

AR Code § 14-200-105 (2015) What's This?

(a) Any public utility accepting or operating under any permit, license, or franchise shall by acceptance of any permit, license, or franchise be deemed to have consented to a future purchase of its property actually used and useful for the convenience of the public by the municipality in which it is situated, upon notice of not less than ninety (90) days from the municipality of its intention to make the purchase for the just compensation and the damages, including severance damages, if any, and under the terms and conditions of purchase and sale determined by the Arkansas Public Service Commission in the manner provided in §§ 14-200-106 -- 14-200-108.

(b) The public utility shall thereby be deemed to have waived the right of the necessity of such taking to be established by the verdict of a jury and to have waived all other remedies and rights relative to condemnation except such rights and remedies as are provided in § 14-200-108.

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