§ 18-15-403 - Preliminary proceedings for condemnation. - Arkansas Statutes

18-15-403. Preliminary proceedings for condemnation.

(a) (1) When the operating authority determines to condemn property, it shall file an application in the circuit court of the county where any portion of the property to be condemned is situated, and proceedings had in the court shall apply to all property described in the application.

(2) The applicant shall describe the property to be taken and shall name as defendants all persons shown by public records as having any interest therein.

(3) Both residents and nonresidents of the state shall be summoned as in other civil proceedings.

(4) (A) However, if a verified affidavit is filed in behalf of the applicant stating that all or a number of the persons who might be claiming an interest in the property are unknown to the applicant, then unknown owners may be named as defendants.

(B) If the affidavit is filed or if a verified affidavit is filed in behalf of the applicant stating that the address of any known defendant cannot be determined after diligent inquiry by the applicant, then any defendant described in either affidavit shall be summoned by publication of notice as in the case of nonresident defendants in other civil actions, except that an attorney ad litem shall not be appointed for any defendant whose name or whose address is unknown.

(b) Answers may be filed, but none shall be required of any defendant.

(c) (1) The matter may proceed to trial after the lapse of twenty (20) days from the date of personal service of summons on residents and after the lapse of thirty (30) days from the date of first publication of notice on defendants constructively summoned.

(2) The suits shall receive precedence over other matters and shall be advanced for trial at the request of the applicant.

(3) The trial date shall be fixed by the court, and when fixed, the applicant shall give notice of the trial date by registered or certified mail to any defendant who was personally summoned. No notice of trial is required for any defendant whose address is unknown.