How does the condemnation process work?



Roadway projects are designed and constructed under the supervision and direction of a city, county, or the state government in Arkansas. Generally after a project has been authorized, a preliminary design is undertaken, public comments are requested, and at least one public meeting is held to get input and show the proposed design. After the design is near completion and the limits of right-of-way are established, the acquisition process usually begins upon authorization being granted by the appropriate entity. Before a condemnation can commence, the government must first offer what it considers to be just compensation for any property rights taken to build the project. In order to make an offer for the property, the government will have a real estate appraiser appraise the property and set a value for just compensation. If the property owner does not accept the offer, then the government can condemn the property necessary to construct, operate, and maintain the project. It should be noted that the property owner does not have to accept the condemning authority's offer and can opt instead for a jury to determine the amount of just compensation owed for the taking.

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