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Arkansas Eminent Domain Process

The majority of eminent domain cases in Arkansas meet the requirement for public purpose and necessity. Examples of cases that meet these criteria are: property acquisition for highway improvement projects, and acquisitions for utility projects such as installation of power lines and sewer systems.

If the taking of your property meets the requirements for public necessity or public purpose, then continue reading to learn more about the eminent domain process in the state of Arkansas. Please note that there are extended explanations for all of the numbered sections in the flow chart. Additionally, links to specific state statues are also provided, where applicable. Please be aware that the flow chart and explanations are simply an overview of the process and should not be used as a tool to take matters into your own hands.

If the taking of your property does not meet the requirement for public purpose and necessity, then you should learn more about your property rights in Arkansas.

Extended Flow Chart Information (click to open)

1. Government Announces Project and Properties Affected

Typically during project development, the condemning authority (whether that agency is the Department of Transportation, or a City/County Planning Division, etc.) will hold public meetings to inform the public of the upcoming project and how this project will affect private property.

2. Government Inspects & Values Property

Before the condemning authority makes an offer, they must determine the value of the property being taken, and whether or not the taking results in damages to the remaining land. This valuation is determined by an appraiser, and is then reviewed by the condemning authority before an offer is made.

3. Government Makes Offer to Property Owner

After the condeming authority appraises the property and determines the amount it believes to be just compensation, they will make an offer in writing to the property owner to purchase the necessary amount of property.

4. Property Owner Hires Attorney

Depending upon the complexity of the case and the amount of additional damages done to the property, it may be necessary to allow condemnation to occur in order for the property owner to receive just compensation. If this is the case, an eminent domain lawyer must be hired to assist the property owner with their claim.

5. Attorney Evaluates Offer

After the condemning authority makes an offer, the property owner's attorney will evaluate the appraisal and offer to determine if it represents just compensation. If the attorney finds errors in the condeming authority's valuation, then they will determine how best to proceed.

6. Determine Negotiation Strategy

The attorney will need to assess all damages that were not included in the condeming authority's valuation and determine the full amount of compensation owed to the property owner. The attorney will then determine how best to present this information to the condeming authority during the negotiation phase.

7. Select Appraiser to Determine True Value of Property

It is highly recommended to consult with an eminent domain attorney prior to obtaining a second appraisal. An eminent domain attorney will thoroughly review the initial appraisal and determine its strengths and weaknesses. Based on this information, the attorney will indicate a selection for the most qualified appraiser to value the property in question and determine the damages to any remaining parcel. Remember, selecting an appraiser not qualified to value the property in question can negatively impact the amount of compensation the property owner is owed.

Visit our Resources page, under Why Act Now to read an example of how hiring the wrong appraiser can hurt your claim. Make sure you consult with an eminent domain attorney before hiring an appraiser on your own.

8. Property Owner Settles With the Government

If the property owner signs the final settlement papers, they waive their right to pursue additional damages and the case is complete.

9. Deed is Transferred

Once the final settlement papers are executed by the property owner, the deed is transferred to the condemning authority. It is at this time that ownership is transferred from the property owner to the condemning authority.

10. Owners Case is Done

The owner is paid in full, the condemning authority owns the property, and the owner's case is completely done. The property owner can no longer file a claim to challenge the taking or to receive additional compensation.

11. Property Owner Does Not Accept Offer

If, after negotiations, the property owner is not satisfied with the amount offered by the condemning authority, they can refuse the offer and allow condemnation to occur.

12. Government Initiates Eminent Domain Proceeding

The condemning authority will submit an application in the circuit court of the county where the property is located, and is responsible for notifying the property owner of the trial date by registered or certified mail. The trial may commence after twenty days from the date of personal service on property owner. (§18-15-403(a)(1))

13. Property Owner Pursues Claim for Additional Damages in the Condemnation Proceeding

Jury trial is conducted to determine the amount of damages the condemning authority must pay to the property owner. (§ 18-15-404 (a))

14. Damages Paid to the Owner Determined at Trial By Jury

The title for the property will be transferred to the condemning authority upon payment to the clerk of the court for damages assessed. If there is only one defendant, the clerk of the court will pay the proceeds from the judgment to the defendant upon request. If there is more than one defendant, the lower court will determine the distribution of the proceeds. (§ 18-15-404 (c)(1)) Once determined, payment will be made by the clerk to the defendants upon request. In some cases, if the property in question is preventing construction from occurring, the court may designate an amount of money to be deposited by the condemning authority, which will allow them to assume immediate possession of the property prior to the determination of final damages in court. (§ 18-15-404 (c)(3))

If you have questions regarding the eminent domain process in Arkansas, contact us for more information.

The eminent domain process in the state of Arkansas is complicated, and if you are undergoing eminent domain and want to make sure you are justly compensated, you should speak to an eminent domain attorney. Speaking to an eminent domain attorney regarding your case will keep you informed of your rights, the eminent domain process, and whether or not your attorney's fees will be paid for by the state of Arkansas.

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