(a) The State Highway Commission may exercise its power of eminent domain by filing an appropriate petition in condemnation in the circuit court of the county in which the property sought to be taken is situated, to have the compensation for right-of-way determined, giving the owner of the property to be taken at least ten (10) days' notice in writing of the time and place where the petition will be heard.(b) If the property sought to be condemned is located in more than one (1) county, the petition may be filed in any circuit court having jurisdiction in any county in which the whole or part of the property may be located. The proceedings had in the circuit court will apply to all such property described in the petition.(c)(1) If the owner of the property sought to be taken is a nonresident of the state, notice shall be by publication in any newspaper in the county which is authorized by law to publish legal notices. This notice 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 publication shall be made in a newspaper designated by the circuit clerk, and one (1) written or may be required in other civil causes.(2) If there is no such newspaper published in the county, then publication shall be made in a newspaper designated by the circuit clerk, and one (1) written or printed notice thereof posted on the door of the county courthouse.(d) The condemnation petition shall describe the lands and property sought to be acquired for state highway right-of-way purposes and shall be sworn to.(e) Where the immediate possession of lands and property is sought to be obtained, the Arkansas Department of Transportation may file a declaration of taking, as provided by § 27-67-312, at any time before judgment or together with the condemnation petition.Amended by Act 2017, No. 707,§ 399, eff. 8/1/2017.Acts 1953, No. 419, § 2; A.S.A. 1947, § 76-533.
Arkansas Legal Code