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Home » US Law » 2020 Arkansas Code » Title 18 - Property » Subtitle 2 - Real Property » Chapter 15 - Eminent Domain » Subchapter 5 - Electric Companies Generally

§ 18-15-501. Right-of-way construed

The right-of-way provided for under this section and §§ 18-15-502 — 18-15-509 shall be construed to include all lands necessary for dams and the backwater resulting therefrom, levees, approaches, abutments, canals, reservoirs, powerhouses, and other purposes incident to the business of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or […]

§ 18-15-502. Exception

No action to condemn the right-of-way over, upon, or along any street or alley in any city or incorporated town shall be instituted or maintained by an electric utility as against any city or incorporated town.

§ 18-15-503. Powers

(a) (1) (A) An electric utility organized or domesticated under the laws of this state for the purpose of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or for public use may construct, operate, and maintain such lines of wire, cables, poles, or other structures necessary for the transmission or […]

§ 18-15-504. Petition for assessment of damages

(a) If an electric utility, having surveyed and located its line under the power conferred by this section, §§ 18-15-501 — 18-15-503, and §§ 18-15-505 — 18-15-509, fails to obtain, by agreement with the owner of the property through which the line may be located, the right-of-way over the property, it may apply by petition […]

§ 18-15-505. Appointment of guardian ad litem

In case of infants or persons of unsound mind, when no legal representative or guardian appears in their behalf at the hearing, it shall be the duty of the court to appoint a guardian ad litem who shall represent their interests for all purposes.

§ 18-15-506. Trial by jury

It shall be the duty of the court to impanel a jury of twelve (12) persons, as in other civil cases, to ascertain the amount of compensation which the electric utility shall pay, and the matter shall proceed and be determined as other civil causes.

§ 18-15-507. Damages

(a) (1) The amount of damages to be paid the owner of the lands for the right-of-way for the use of the electric utility shall be determined and assessed irrespective of any other benefit that the owner may receive from any improvement proposed by the electric utility. (2) (A) If an owner of property petitions […]

§ 18-15-508. Deposit in case of controversy

(a) When the determination of questions in controversy in the proceedings is likely to retard the progress of work on or the business of the electric utility, the court or judge in vacation shall designate an amount of money to be deposited by the electric utility, subject to the order of the court, and for […]

§ 18-15-509. Destruction or injury to company property

A person who destroys or injures the wire, cable, pole, dam, reservoir, canal, power house, machinery, or appliances therein of the electric utility is guilty of a misdemeanor and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) and imprisoned in the county […]

§ 18-15-511. Declaration of public interest

The business of generating electricity, transmitting electricity, distributing electricity, or supplying electricity to or for the public for compensation or for public use is declared to be in the public interest.

§ 18-15-512. Definition of “electric utility”

(a) (1) As used in this subchapter, “electric utility” means a public utility, as defined in § 23-1-101, that owns or operates for compensation in this state equipment or facilities for producing, generating, transmitting, distributing, selling, or furnishing electricity or another agent for the production of light or electric power to or for the public […]