§ 18-15-1005 - Exception -- Trial -- Injunction. - Arkansas Statutes

18-15-1005. Exception -- Trial -- Injunction.

(a) (1) If no exception is filed by the owner within ten (10) days after service of summons or within ten (10) days of the last date of the publication of the warning order, or by the levee or drainage district within ten (10) days after award is filed, then it shall be the duty of the clerk of the circuit court to call the court's attention to the award, and failure to file exception thereto after notice having been given as provided.

(2) Upon this information, the court shall proceed to enter a judgment condemning the property and land for the right-of-way purposes and a judgment in favor of the owner of the land against the levee or drainage district for the amount awarded by the appraisers.

(b) However, in case exceptions are filed by either party within the time prescribed in this section, it shall be the duty of the clerk to docket the cause.

(c) The petition originally filed by the levee or drainage district and the award of the appraisers shall constitute all necessary pleadings in the proceedings, and, in case a trial is demanded or requested by either party, the question shall be tried as other common law cases are tried.

(d) (1) The owner of the land shall be entitled to recover the:

(A) Value of the land appropriated or intended to be appropriated;

(B) Obstruction to natural drainage not to exceed the amount necessary to construct artificial drainage;

(C) Damage occasioned by the inconvenience of crossing the levee, ditch, canal, or drain from one (1) portion of the land to the other; and

(D) Value of any crops or houses on the right-of-way or the cost of removing the crops or houses.

(2) However, whenever any levee or drainage district shall cause any land or property to be appraised, as provided in this section, 18-15-1001 -- 18-15-1004, and 18-15-1006 -- 18-15-1010, it may enter upon the land and construct the levee, ditch, canal, or drain over and across it without paying the award until such time as the court in any term time shall so order or direct.

(e) (1) It shall be the duty of the court or any county, circuit, or district judge to enjoin any owner of land from interfering with the construction of any levee, drain, ditch, or canal after an award has been made for the value of the land until such time as the court having proper jurisdiction shall render a final judgment.

(2) In case of an appeal from any judgment rendered by the circuit court, the levee or drainage district, upon filing a supersedeas bond with the Clerk of the Supreme Court, shall be entitled to have the owner of the land enjoined from interfering with the construction of any levee, ditch, drain, or canal until the cause can be heard in the Supreme Court.