2016 Arkansas Code
Title 18 - Property
Subtitle 5 - Civil Actions
Chapter 60 - Miscellaneous Proceedings Relating to Property
Subchapter 9 - -- Vacating Public Utility Easements
§ 18-60-903. Hearing -- Order -- Appeal

(a) At the hearing, the county court shall hear all interested parties and, if the court determines that the easement has not been used by the public utility for a period of at least five (5) years and that vacating the easement would not be against the interest of the public, the court shall enter an order vacating the easement and establishing the amount of just compensation for the easement.

(b) The finding and order of the county court shall be conclusive on all parties having or claiming any rights or interest in the easement.

(c) (1) Within thirty (30) days from the entry of the county court order, an appeal may be taken to the circuit court, where a trial de novo without a jury shall be conducted by the judge of the circuit court.

(2) An appeal may be taken from the circuit court to the Supreme Court within thirty (30) days from the entry of the order.

(d) The cost of the publication of the notice, the cost of recording of the orders, and the court costs shall be paid by the petitioners, except that the court cost necessitated by an appeal shall be paid by the party or parties who unsuccessfully contest the petition.