2018 Arkansas Code
Title 18 - Property
Subtitle 2 - Real Property
Chapter 15 - Eminent Domain
Subchapter 5 - Electric Companies Generally
§ 18-15-504. Petition for assessment of damages
(a) If an electric utility, having surveyed and located its line under the power conferred by this section, §§ 18-15-501 -- 18-15-503, and §§ 18-15-505 -- 18-15-509, fails to obtain, by agreement with the owner of the property through which the line may be located, the right-of-way over the property, it may apply by petition to the circuit court of the county in which the property is situated to have the damages for the right-of-way assessed, giving the owner of the property at least ten (10) days' notice in writing by certified mail, return receipt requested, of the time and place where the petition will be heard.
(b) In case property sought to be condemned is owned by any individual or corporation and is located in more than one (1) county, the petition may be filed in the circuit court of any county in which the whole or a part of the property may be located, and proceedings had therein will apply to all property designated in the petition.
(c) If the owners of the property are nonresidents of the state, infants, or persons of unsound mind, the notice shall be given as follows:
(A) By publication in any newspaper in the county which is authorized by law to publish legal notices.
(B) The notices shall be published for the same length of time as may be required in other civil causes;
(2) If there is no such newspaper published in the county, then the publication shall be made in some newspaper designated by the circuit clerk and one (1) written or printed notice thereof posted on the door of the courthouse of the county; and
(3) In writing by certified mail, return receipt requested, to the address of the owners of the property as it appears on the records in the office of the county sheriff or county tax assessor for the mailing of statements of taxes, as provided in § 26-35-705.
(d) As nearly as may be, the petition shall describe the lands over which the right-of-way is located and for which damages are asked to be assessed, whether improved or unimproved, and be sworn to.
(1) An electric utility shall not be required to petition a court in order to provide broadband services over its own lines of wire, cables, poles, or other structures that are in service at the time that the electric utility provides broadband services over the lines of wire, cables, poles, or other structures.
(2) An owner of property upon which an electric utility's lines of wire, cables, poles, or other structures are located may petition the circuit court of the county in which the property is situated for any compensation to which it might be entitled under this subchapter.