Ark. Code Ann. § 18-15-1202 (2026)
Petition for condemnation
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- Any railroad, telegraph, or telephone company, organized under the laws of this state, after having surveyed and located its lines of railroad, telegraph, or telephone, in all cases in which the companies fail to obtain the right-of-way over the property by agreement with the owner of the property through which the lines of railroad, telegraph, or telephone may be located, shall apply to the circuit court of the county in which the property is situated.
- Application shall be made by petition 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.
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- In case the 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 any circuit court having jurisdiction in any county in which the whole or a part of the property may be located.
- Proceedings had in the circuit court will apply to all property designated in the petition.
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However, if the owner of the property is a nonresident of the state, an infant, or person of unsound mind, notice shall be given as follows:
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- By publication in any newspaper in the county which is authorized by law to publish legal notices.
- The notice shall be published for the same length of time as may be required in other civil causes.
- 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 shall be posted on the door of the courthouse of the county; and
- 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.
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- The petition shall, nearly as may be, describe the lands over which the road is located and for which damages are asked to be assessed, whether improved or unimproved, and be sworn to.
History. Acts 1873, No. 123, §§ 3, 5, p. 290; 1885, No. 107, § 13, p. 176; C. & M. Dig., §§ 3992-3994, 3996; Pope's Dig., §§ 4994-4996, 4998; A.S.A. 1947, §§ 35-201, 35-203; Acts 1999, No. 1236, § 2.
Amendments. The 1999 amendment added (c)(3); inserted “by certified mail return receipt requested” following “in writing” in (a)(2); added “as follows” at the end of the introductory language in (c); and made stylistic changes.
Case Notes
Adverse Possession.
A railway may acquire a right-of-way by adverse possession. Memphis & Little Rock R.R. v. Organ, 67 Ark. 84, 55 S.W. 952 (1899).
Damages.
A life tenant and the remainderman are both entitled to recover for injuries to their particular estate. Bentonville R.R. v. Baker, 45 Ark. 252 (1885).
Where a railway company instituted a proceeding against the owner to condemn a right-of-way through land, the defendant's right to recover damages for the taking of the land is not affected by his sale of the land during the pendency of the suit. Little Rock & Fort Smith Ry. v. Allister, 68 Ark. 600, 60 S.W. 953 (1901).
The measure of a landowner's compensation is the market value of the land at the time of the taking, for all purposes including its availability for any use to which it is plainly adapted as well as the most valuable purpose for which it can be used. Fort Smith & Van Buren Dist. v. Scott, 103 Ark. 405, 147 S.W. 440 (1912).
The compensation of the owner of land is to be estimated by references to any uses for which the property is adapted, having regard for the existing business or wants of the community or such as may reasonably be expected in the immediate future. Fort Smith & Van Buren Dist. v. Scott, 103 Ark. 405, 147 S.W. 440 (1912).
Railroad was obligated to pay just compensation based upon the difference in fair market value before and after the taking and it could not dismiss its eminent domain proceeding after order of entry and completion of work but before trial, and restrict its liability only to the damages caused by its occupancy of land. Thompson v. Thompson, 253 Ark. 343, 485 S.W.2d 725 (1972).
Defenses.
It is no defense that the company could have used other lands including its own property. Cloth v. Chicago, Rock Island & Pac. Ry., 97 Ark. 86, 132 S.W. 1005 (1910).
Diversity Action.
This section is merely a venue statute, and thus a domesticated foreign corporation exercising its power of eminent domain in federal district court is not required to comply with it. Missouri Pac. R.R. v. 55 Acres of Land, 947 F. Supp. 1301 (E.D. Ark. 1996).
Power to Condemn.
A grant of a right-of-way gives no license to overflow the grantor's land by the unskillful construction of a levee on the right-of-way. St. Louis, Iron Mountain & S. Ry. v. Morris, 35 Ark. 622 (1880).
The power to condemn may be exercised when necessary and hence is not exhausted by one exercise. St. Louis, Iron Mountain & S. Ry. v. Petty, 57 Ark. 359, 21 S.W. 884 (1893).
A railway company acquiring for right-of-way land in which ditch has been made for drainage has no right to obstruct ditch. St. Louis, Iron Mountain & S. Ry. v. Anderson, 62 Ark. 360, 35 S.W. 791 (1896).
There is no right to condemn land for depot purposes which another company has already condemned for that purpose. St. Louis, Iron Mountain & S. Ry. v. Memphis, Dallas & Gulf R.R., 102 Ark. 492, 143 S.W. 107 (1912).
A local zoning ordinance cannot interfere with the legislature's conferral of the power of condemnation to a private entity. Missouri Pac. R.R. v. 55 Acres of Land, 947 F. Supp. 1301 (E.D. Ark. 1996).
Proceedings.
These proceedings are to ascertain the compensation to be paid the landowner for the land taken; no provision is made for an issue upon the right to condemn. Niemeyer & Darragh v. Little Rock Junction Ry., 43 Ark. 111 (1884).
The object of the proceeding is to determine the amount of damage for which the railroad company is liable. Mountain Park Term. Ry. v. Field, 76 Ark. 239, 88 S.W. 897 (1905).
In a proceeding by a railroad company to condemn property for its right-of-way, the landowner may prove any fact concerning the property which he would naturally be supposed to adduce if he were attempting to sell it to a private individual. Stuttgart & Rice Belt R.R. v. Kocourek, 101 Ark. 47, 141 S.W. 511 (1911).
Remedies.
The company alone can put the statutory remedy into operation, and if they neglect to do so, one who is injured by the construction of the railroad has his remedy by action against the company for the injury sustained. Bentonville R.R. v. Baker, 45 Ark. 252 (1885).
Equity will enjoin a railway company from taking possession of land in the construction of its road until proper compensation is made to the owner; and will on timely application also restrain the continuous, unlawful use of land without grant from the owner and without having instituted proceedings as provided in this section. Niemeyer & Darragh v. Little Rock Junction Ry., 43 Ark. 111 (1884); Organ v. Memphis & Little Rock R.R., 51 Ark. 235, 11 S.W. 96 (1888) (preceding decisions prior to the enactment of § 18-15-102).
A right-of-way conveyed to a railway company, though an easement merely, gives to the company a right to exclusive possession for railroad purposes which will support an action of ejectment against one wrongfully in possession. Graham v. St. Louis, Iron Mountain & S. Ry., 69 Ark. 569, 65 S.W. 1048 (1901).
Cited: St. Louis, Iron Mountain & S. Ry. v. Petty, 63 Ark. 94, 37 S.W. 300 (1896); Arkansas & O.R.R. v. St. Louis & S.F.R.R., 103 F. 747 (C.C.W.D. Ark. 1900); Southwestern Water Co. v. Merritt, 224 Ark. 499, 275 S.W.2d 18 (1955); Sebastian Lake Devs., Inc. v. United Tel. Co., 240 Ark. 76, 398 S.W.2d 208 (1966); Borden v. Armstrong, 240 Ark. 1050, 403 S.W.2d 731 (1966); Cowger v. State, Dep't of Aeronautics, 307 Ark. 92, 817 S.W.2d 427 (1991).