What is Eminent Domain and How is it Used in Arkansas?

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.

In Arkansas, there are a wide variety of entities that have the statutory power to use eminent domain and the condemnation process to acquire property. The entities may be governmental in nature like the Arkansas State Highway Commission, municipalities, counties, public water authorities, among others, or they may be private corportations like Entergy, Central Arkansas Water, Centerpoint Energy, or SWEPCO. 

Landowners should be aware that if their property is subject of a governmental taking, or a taking by a private corporation, you should not accept any offer without visiting with a qualifed Arkansas eminent domain attorney. Landowners are entitled under Arkansas eminent domain law to receive the fair market value the property acquired, plus any damages to the remaining property subject to the taking. If you do not know the value of your land, then you are not ready to negotiate with entities seeking to acquire your property. You only have one shot at obtaining the just compensation you deserve, so it very important that you only retain condemnation attorneys that understand real estate valuation and Arkansas condemnation law.

Our office has handled numerous Arkansas eminent domain cases and can provide the experience you need when faced by the threat of eminent domain. Give one of our eminent domain attorneys a call today for a personalized review of your case.

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