Arkansas Eminent Domain

Brandon Moffitt, April 6, 2015
Today, Gov. Asa Hutchinson signed HB1908 establishing a Property Owner Bill of Rights which provides protection to property owners facing eminent domain and condemnation in Arkansas.
Brandon Moffitt, November 10, 2014
Our office has been taking calls lately about several Arkansas pipeline takings going on across the State. Often people want to know if they have any options to stop the pipeline takings or how much money they should receive as a result of the easement across their property.
Moffitt & Phillips, November 5, 2014
We are pleased to announce that Brandon Moffitt has been selected again as a Rising Star in the 2014 Mid-South Super Lawyers List. Brandon has been recognized for his third consecutive year within the publication for his eminent domain practice.
Brandon Moffitt, July 30, 2014
Eminent Domain is the power of the government (or entities authorized by the government) to take privately owned land for a public purpose. The term "Eminent Domain" refers to the actual governmental "power" to acquire property, while a Condemnation is the legal process by which legal title to the property is acquired. Often the terms are used interchangeably.
Brandon Moffitt, July 18, 2014
If you are an Arkansas property owner facing condemnation, you should take action immediately to protect your legal rights. Any delay to contact an experienced eminent domain lawyer could negatively impact your claim.
Brandon Moffitt, August 1, 2013
Eminent Domain lawyer,Michael Phillips, of Moffitt & Phillips attended the public hearings regarding SWEPCO’s proposal to take property from hundreds of people in Northwest Arkansas for a high voltage power line that would run from near Bentonville to the Kings River north of Berryville.
Brandon Moffitt, July 5, 2013
Many people faced with the threat of eminent domain find themselves wondering about the amount of just compensation they will ultimately receive for their property. The Fifth Amendment of the United States Constitution and the Arkansas Constitution (Art. 2, Section 22) require the condemning party to pay land owners just compensation when taking land through the power of eminent domain.
Brandon Moffitt, June 28, 2013
Southwestern Electric Power Company (SWEPCO) submitted an application to the Arkansas Public Service Commission (APSC) on April 3, 2013 for a new 345 kilovolt transmission line from SWEPCO’s Shipe Road Station in Benton County, Arkansas to the proposed Kings River Station in Carroll County, Arkansas. The application listed six possible routes for the proposed transmission line but SWEPCO hopes to use Route 33.
Brandon Moffitt, June 24, 2013
Eminent Domain Lawyers Moffitt & Phillips, PLLC is accepting clients affected by AHTD Job No. 012155 and the widening of Arkansas Hwy. 64 from the Vilonia Bypass, east, to Turner Road in Faulkner and White counties. The improvements will affect numerous landowners will likely result in the taking of private property by the Arkansas State Highway Commission through eminent domain.
Brandon Moffitt, May 9, 2013
Moffitt & Phillips is taking clients affected by AHTD Job No. 080164 and the relocation of Hwy. 7 in Dover, Arkansas. The Hwy. 7 improvements will consist of constructing two new lanes, approximately 1.8 miles in length. The improvements will affect landowners of both residential and agricultural tracts and will likely result in the taking of private property by the Arkansas State Highway Commission through eminent domain.
Brandon Moffitt, March 26, 2013
Today, there was a significant change in Arkansas eminent domain law when it comes to condemnations by the Arkansas State Highway Commission. House Bill 1282 (now known as Act 502) sought to allow land owners to recover attorneys' fees, costs, and expenses if the landowner recovered more than ten percent (10%) above the Highway Commission's deposit in a condemnation case at trial.
Brandon Moffitt, March 6, 2013
Representative Kim Hammer's bill (now Act 290) to curtail the use of Eminent Domain by Property Owners' Improvement Districts has passed the Arkansas House and Senate. Essentially the new eminent domain law removes the ability for property owners' improvement districts to use eminent domain and condemnation to acquire rights-of-way outside of the district's boundaries.
Brandon Moffitt, February 21, 2013
In Arkansas, we have seen the explosion of natural gas production and it has had a significant impact on our State. As the demand for an alternative to foreign oil continues to rise, so does the demand for domestic production infrastructure to harvest the country's natural resources. Often the land necessary to construct the new infrastructure will be acquired by eminent domain.
Brandon Moffitt, February 15, 2013
Arkansas Eminent Domain Attorneys Moffitt & Phillips are taking clients affected by the Arkansas Hwy. 5 widening from Interstate 30 to the Pulaski County Line. The Arkansas State Highway and Transportation Department (AHTD) has announced a widening project for Arkansas Highway 5 due to continuing growth and increasing congestion for travel between Saline County and Pulaski County.
Brandon Moffitt, February 12, 2013
Representative Kim Hammer (R) from Benton, Arkansas filed a bill to curtail the use of Eminent Domain law by Property Owners' Improvement Districts. Essentially the bill removes the ability for the Districts to use eminent domain and condemnation to acquire rights-of-way for the District.

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