AR HB1809

Property owners whose property is subject to public utility condemnation proceedings may require the utility to condemn additional adjacent property owned by the property owner if that property is commercially viable.

Property owners must provide notice to the court and public utility of their election to include additional property within 60 days of receiving the condemnation petition.

Public utilities must submit objections to the property owner's election within 60 days of receiving notice, or they waive their right to object.

In any court hearing regarding objections, the burden of proof is on the public utility to demonstrate that the additional property is not adjacent to the original petition property or is not commercially viable.

Public utilities must make a written offer to acquire the additional property and amend their condemnation petition to include it within 120 days of the property owner's election or a court order rejecting the utility's objection.