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2017 Arkansas Code
Title 27 - Transportation
Subtitle 5 - Highways, Roads, and Streets
Chapter 66 - Establishment and Maintenance Generally
Subchapter 4 - Private Roads
§ 27-66-402. Duty of viewers
Universal Citation: AR Code § 27-66-402 (2017)
- (a) Viewers shall take the same oath and shall be governed in all respects as viewers appointed to public roads are governed under this act.
- (b) They shall examine the route proposed for the road and any other route which they may deem proper.
- (c) If a majority of the viewers state under oath that an access easement is necessary and proper as prayed in the petition, the viewers shall lay out and describe the access easement in a manner that produces the least inconvenience, damage, and devaluation of the property to the adjoining owners.
- (d) (1) (A) The viewers shall make a written report under oath to the county court, describing the route of the road and the land through which it shall pass to allow location and identification of the access easement by land records, naming the owner, if known, and by decision of a majority of the viewers the damages sustained by each owner of lands through which the road passes. The damages shall include the value of each owner's land sought to be appropriated.
- (B)
- (i) The parties shall stipulate to or dispute the report of the viewers.
- (ii) Each party shall be given at least ten (10) business days to respond in writing to the viewers' report.
- (2) The measure of damages shall be the difference in the fair market value of the lands immediately before the access easement is ordered and the fair market value of the lands after the access easement is ordered.
- (B)
- (e) The report shall be filed with the county clerk for the records of the county court.
- (f)
- (1) A person who renders services under this subchapter as a viewer or reviewer, chain carrier, marker, or surveyor shall be paid reasonable costs and expenses based upon the current market rate for each day necessarily employed.
- (2) Payments are to be charged as costs and expenses against the funds deposited by the petitioner.
- (3) The amount due each person and the number of days employed shall be certified under oath by the viewers.
- (4) The court by order may direct the county clerk to receipt payment by the petitioner of the directed sum into the registry of the court and to issue payment.
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