Arkansas Legislature Approves Property Owner Bill of Rights

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. The bill essentially codifies several provisions of existing Arkansas eminent domain law, while also providing several new rights to property owners. In regard to the new provisions, any entity in Arkansas using eminent domain will be required to provide known property owners an assessment of the just compensation owed and make a good-faith offer before filing a condemnation. Also, property owners will be guaranteed a jury trial in all eminent domain and condemnation actions as well as be afforded an opportunity to recover all of their costs and expenses and a reasonable attorney's fee if they obtain more than twenty percent (20%) above the condemning entity's initial assessment at trial. One caveat to the costs, expenses, and attorney's fees provision is that the legislation exempts cities and counties.  

Our office would like to recognize the work of Rep. Rick Beck and Rep. Charlotte Douglas in filing this legislation to protect property owners in Arkansas and attempt to level the playing field in eminent domain and condemnation actions. This legislation will force condemnors to come to the table and negotiate with property owners instead of using their condemnation power to intimidate property owners.

You can find a link to the new eminent domain law by clicking the link below:

Arkansas Property Owner Bill of Rights

Have your say...

Feel free to take part in the discussion! Please be nice and do not include any abusive comments or spam. All comments are moderated and Moffitt & Phillips, pllc reserves the right to delete any comment.



Moffit & Phillips Attorneys in Little Rock Arkansas Moffit & Phillips Attorneys in Little Rock Arkansas Moffit & Phillips Attorneys in Little Rock Arkansas
Home | Results Matter | Blog | Contact © Moffitt & Phillips, pllc. All Rights Reserved
website design firm:1011 Web Solutions
Moffitt & Phillips, PLLC is responsible for the content of this website. This website is designed for general information only and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Anyone viewing the content present on this website should seek the services of a qualified attorney to evaluate any Arkansas eminent domain matter, Arkansas condemnation matter, or any other legal matter. Please note that past performance does not guarantee future results. Moffitt & Phillips, PLLC is located in Little Rock, Arkansas, and has attorneys licensed to practice in the states of Arkansas and Tennessee. Moffitt & Phillips, PLLC © 2012