2018 Arkansas Code
Title 18 - Property
Subtitle 2 - Real Property
Chapter 15 - Eminent Domain
Subchapter 4 - Municipal Corporations -- Waterworks Systems
§ 18-15-409. Controversy

(a)

• (1) When the determination of questions in controversy in the eminent domain proceedings authorized in this subchapter is, in the opinion of the operating authority of the municipal waterworks, likely to retard the progress of the project, the municipality shall so state in its application or in a separate pleading.

• (2) The municipality shall also designate a sum which, in its opinion, is the reasonable value of the property to be taken and shall deposit that sum in the registry of the court for the purpose of making compensation and paying any damages which may be assessed against the municipality.

• (3) The court shall thereupon immediately enter an order giving the municipality possession of the property and may enforce the order, if necessary.

• (4) A copy of the order of possession shall be served upon any person of adult age found residing upon the premises, but only one (1) person need be served.

• (5) However, at any time after the order is entered, any defendant may file a motion for a hearing on the amount of the deposit, giving notice of the motion to the applicant, and at the hearing the court may affirm the amount of the original deposit or may order it increased.

• (6) No motion for hearing shall delay the applicant's right to possession.

(b)

• (1) Any person named as a defendant in the action and claiming to be an owner of the property being condemned shall be entitled to apply to the court for a withdrawal of all or a part of the funds so deposited upon giving reasonable notice of his or her motion to withdraw funds to the applicant. The defendant shall also notify all other defendants whose addresses are known of his motion.

• (2)

  • (A) Before entering an order permitting a withdrawal of any portion of the deposit, the court shall determine the ownership of the property to be condemned, and no defendant shall be permitted to withdraw any greater portion of the deposit than is equal to his or her interest in the property to be condemned.

  • (B) In no event shall the aggregate amount of the withdrawal for all defendants be greater than the amount originally deposited by the municipality on its own motion.

• (3) If any defendant claims that the amount withdrawn by any other defendant was wrongful or was excessive, the dispute shall be solely between the defendants.

• (4) In any judgment against the municipality, the municipality shall receive full credit against all defendants for the amount deposited with the clerk or paid to the clerk after judgment.