HB1490 Summary

• Establishes a unified eminent domain procedure (§ 18-15-103) applicable to all entities exercising eminent domain power in Arkansas, replacing numerous divergent statutory procedures scattered throughout the code.

• Requires entities exercising eminent domain to deposit estimated just compensation with the court clerk, provide proper notice to property owners, and allow a jury to determine final compensation at trial.

• Mandates payment of costs, expenses, and reasonable attorney's fees to property owners if the compensation awarded exceeds the deposited amount by 10% or more.

• Consolidates and repeals multiple outdated eminent domain procedures (including railroad condemnation statutes §§ 18-15-1201-1207 and levee/drainage district procedures §§ 18-15-1001-1010) to create uniform standards across all condemnation actions.

• Protects property owner rights by requiring adherence to Arkansas Rules of Civil Procedure for notice and service, appointment of guardians ad litem for minors or incompetent persons, and interest accrual at 6% per annum on awarded compensation from date of possession.